Existing law requires the State Department of Public Health to license and regulate clinics and health facilities. Existing law generally makes a violation of those licensing provisions a crime. Existing law requires a person or facility that offers a fetal ultrasound, or a similar procedure, for keepsake or entertainment purposes, to disclose to a client prior to performing the procedure, in writing, a specified statement.
This bill would specify the settings in which an ultrasound or similar medical imaging device procedure may be offered. The bill would exempt a practice of a licensed midwife, or a practice of a certified nurse-midwife. The bill would impose a civil penalty for the violation of this provision in the amount of $2,500 for a first offense and $5,000 for each subsequent offense, defined as each ultrasound conducted outside of the specified settings. The bill would authorize the Attorney General, a district attorney, a city attorney, or a county counsel to bring an action to impose the civil penalty. The bill would specify how the civil penalty funds and related costs are to be paid.

Statutes affected:
02/17/23 - Introduced: 35160 EDC
03/23/23 - Amended Assembly: 33315 EDC, 33315 EDC, 35160 EDC
04/24/23 - Amended Assembly: 33308.5 EDC, 33308.5 EDC, 33316 EDC, 33316 EDC, 33332 EDC, 33332 EDC, 33333 EDC, 33333 EDC, 33370 EDC, 33370 EDC, 33315 EDC
06/19/23 - Amended Senate: 33308.5 EDC, 33316 EDC, 33332 EDC, 33333 EDC, 33370 EDC
AB 1720: 35160 EDC