Mattie McGrath (Tipperary, Independent) | Oireachtas source

I move amendment No. 44:

In page 15, between lines 29 and 30, to insert the following:

"Provision of foetal ultrasound imaging and auscultation of foetal heart tone

23.(1) At least 24 hours before the carrying out of a termination of pregnancy the relevant medical practitioner or a qualified person assisting the relevant medical practitioner

shall perform ultrasound imaging of the foetus and auscultation of foetal heart tone.

(2) The active ultrasound image referred to in subsection (1)must be of a quality consistent with standard medical practice, shall contain the dimensions of the foetus, and shall accurately portray the presence of external members and internal organs of

the foetus, if present or viewable.

(3) The auscultation of foetal heart tone referred to in subsection (1)must be of a quality consistent with standard medical practice

(4) Before or during the imaging and auscultation services referred to in subsection (1), the relevant medical practitioner or the qualified person, as the case may be, shall offer the pregnant woman, orally and in person, the opportunity to view the active

ultrasound of the foetus and hear the heartbeat of the foetus, if the heartbeat is audible.

(5) At least 24 hours before the carrying out of a termination of pregnancy the relevant medical practitioner shall certify that—(a) foetal ultrasound imaging and auscultation of foetal heart tone have been performed,

(b) the pregnant woman has been offered the opportunity to view the active ultrasound image of the foetus and to hear the heartbeat of the foetus, if the heartbeat is audible,

(c) the pregnant woman either—

(i) requested to view the active ultrasound imaging and hear auscultation of foetal heart tone, or

(ii) opted not to view the active ultrasound imaging and hear auscultation of foetal heart tone.

(6) The relevant medical practitioner shall obtain the signature of the pregnant woman on the certification referred to in subsection (5)verifying that it is factually correct.

(7) A medical practitioner who contravenes subsection (1), (4), (5)or (6)shall be guilty of an offence.

(8) A person who is guilty of an offence under subsection (7)shall be liable—(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both,

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding 4 years, or both.(9) In this section—"auscultation" means the act of listening for sounds made by internal organs of the foetus, specifically for a foetal heartbeat, utilizing an ultrasound transducer and foetal heart rate (FHR) monitor or similar device;

"midwife" means a person whose name is for the time being registered in the midwives division of the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;

"nurse" means a person whose name is for the time being registered in the register of nurses and midwives established under section 46 of the Nurses and Midwives Act 2011;

"qualified person" means a nurse, midwife or medical practitioner who is competent to perform foetal ultrasound imaging and auscultation of foetal heart tone services;

"relevant medical practitioner" means—

(i) in the case of a termination of pregnancy to be carried out in accordance with section 10or 12, the obstetrician by whom the termination of pregnancy is to be carried out, and

(ii) in the case of a termination of pregnancy to be carried out in accordance with section 13, the medical practitioner who has certified or is required to certify his or her opinion as to the matter referred to in subsection (1)of that section;

"ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing foetus.".

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