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In 1999, the Legislature established
abortion clinic licensure standards. Legislation passed in 2000 required the
Department to contract with a qualified person or corporation to review
ultrasounds of aborted second- and third-trimester fetuses to verify the fetus’
estimated age and that the estimate was made in compliance with the law.
However, a lawsuit filed in 2000 challenged the legislation. Although federal
courts upheld some provisions of the statutes, they ruled that the provisions
related to ultrasound evaluations violated patient privacy and Constitutional
protection against illegal search and seizure. As a result, the Department has
no plans for implementing ultrasound reviews.
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