Today, January 11, 2023, State Senator Joni Albrecht announced she will be introducing two pro-life, NFA-supported bills to protect unborn children and support pregnant women and families in Nebraska.

At a press conference in the Nebraska Capitol Rotunda, the NFA team joined Senator Albrecht and a large group of pro-life senators, medical experts, and other supporters to unveil plans to introduce the Nebraska Heartbeat Act, which will protect the lives of unborn babies by prohibiting abortion when a fetal heartbeat is present.

This could stop 85% of abortions in our state and save 2,000 lives every year!

A heartbeat is a universal sign of life. Under the Nebraska Heartbeat Act, before performing an abortion, a physician must first perform an ultrasound and listen for a fetal heartbeat. If a heartbeat is detected, performing an abortion will be unlawful except in cases of rape, incest, and to save the life of the mother.

We envision a Nebraska where every life is celebrated, valued, and protected. And we won’t stop working towards that goal. This is what we can accomplish in our current Legislature this year to start saving as many lives as we can.

Click HERE for a printable summary of the Nebraska Heartbeat Bill (written below).

Click HERE for polling from Nebraska Voters on whether or not they would support a Heartbeat Bill.

Senator Albrecht will also be introducing the Nebraska Pregnancy Help Act, which will establish a new tax credit for donations to pregnancy help organizations that provide services that help women carry their pregnancy to term, encourage and enable parenting or adoption, and promote healthy childbirth.

The bill will allow for up to $10 million to be allocated in tax credits every year, which could dramatically increase support for organizations providing vital services to pregnant and parenting women in ways the government can’t.

This is the first time our Legislature has been in session since Roe v. Wade was overturned, and we now have the best opportunity we’ve had in 50 years to save lives and advance a culture of life!

Summary: 2023 Nebraska Heartbeat Act

What it is:
The Nebraska Heartbeat Act would provide babies who have a heartbeat protection under the law from abortion.

How it works:

  • The Nebraska Heartbeat Act would require that a doctor, before proceeding with anyabortion, first perform an ultrasound in accordance with standard medical procedure tolisten for a fetal heartbeat.
  • If there is a heartbeat present, an abortion may not be performed.Are there exceptions?
  • An abortion performed in the event of a medical emergency would not be a violation.
  • An abortion performed in case of rape or incest would not be a violation.How will it be enforced?
  • No woman may be held liable for a violation of this act—only abortionists.
  • There are no criminal or civil penalties, even for the doctor/abortionist.
  • A doctor/abortionist who has allegedly violated the Nebraska Heartbeat Act would have ahearing pursuant to the Uniform Credentialing Act, just like any other instance where a doctor has allegedly committed an act of unprofessional conduct under Nebraska law.

o At the hearing, the Director of Public Health would, in consultation with the Nebraska Board of Medicine and Surgery, determine whether the Nebraska Heartbeat Act has been violated.

o If the director finds the Nebraska Heartbeat Act has been violated, the doctor/abortionist’s medical license will be subject to discipline. If the doctor/abortionist performed an unlawful abortion in violation of the Nebraska Heartbeat Act, his medical license will be subject to revocation.

What about contraception, IVF, care after miscarriage, or ectopic pregnancies?

  • 1) Section 2 states that the act applies only to intrauterine pregnancies—where an unbornchild is already inside the uterus. That takes care of IVF, contraception, and treatment ofectopic pregnancy. They are not affected.
  • 2) In addition, the bill’s protections are not applicable unless there is a heartbeat presentin that baby inside the uterus. (That is approximately 6 weeks into the pregnancy.)
  • 3) To be triply sure and triply clear, Section 3(1) states that the removal of ectopic pregnancy, the removal of the remains of a child who has already died (such as bymiscarriage), and the termination or loss of life of a child outside the womb due to IVF are all not affected by the Nebraska Heartbeat Act.

Section-by-section breakdown of the Nebraska Heartbeat Act:

  • Section 1 names the act: The Nebraska Heartbeat Act.
  • Section 2 provides that the act shall apply only to intrauterine pregnancies—thoseexisting inside the uterus. (By definition, this excludes ectopic pregnancies and embryos that have not implanted in the mother’s womb, including in the case of in vitro fertilization.)
  • Section 3 defines terms.

o 3(1) defines “Abortion.” It includes both surgically-performed and chemical abortions. It also makes clear that none of the following may be considered abortions under the Nebraska Heartbeat Act:

Removal of ectopic pregnancies; removal of the remains of a child who has already died (such as in the case of miscarriage); an act done with the intention to save the life of the unborn child; the accidental or unintentional death of an unborn child; or the termination or loss of an unborn child’s life before implantation in the uterus, including due to IVF.

o 3(3) defines “Medical emergency.” Under this definition, medical emergency means any condition which in reasonable medical judgment so complicates the condition of a pregnant woman that is necessary to terminate the pregnancy to save her life.

o 3(5) defines “Reasonable medical judgment” as a medical judgment that could be made by a reasonably prudent physician knowledgeable about the case and the circumstances.

o 3(6) defines “Unborn child.” Remember that not every unborn child is protected by the Nebraska Heartbeat Act—only those who are in the uterus and have a heartbeat (and where an exception is not present).

? Section 4 is the heart of the bill—it says what a doctor is required to do when asked to perform an abortion.

o 4(1) says the doctor must estimate and record the child’s gestational age, perform an ultrasound in accordance with standard medical procedure to listen for a heartbeat, and record the result of the ultrasound.

o 4(2) says that it shall be unlawful for the doctor to perform an abortion:

  • (i) Before estimating and recording gestational age and testing for aheartbeat; or
  • (ii) After determining the unborn child has a detectable heartbeat.

o 4(3) lays out the exceptions: Life of the mother (medical emergency); rape; and incest. If an exception exists, the doctor may perform the abortion and is not required to test for a heartbeat.

? Section 5 lays out the rules for what the doctor must do if he performs an abortion due to one of the exceptions (medical emergency, rape, or incest).

o 5(1) says that if the abortion is performed due to medical emergency, the doctor has to explain the medical emergency in the woman’s medical record.

o 5(2) says that if the abortion is performed due to rape or incest, the doctor has to note in the medical record that rape or incest is the reason for the abortion, and must also note in the record that he has complied with all the duties that a health care provider already has under Nebraska law (under Neb. Rev. Stat. § 28-902) when he is approached by a victim of sexual assault or incest and which are applicable to that case.

  • ?  Section 6 says that no woman who has an abortion will be liable for a violation of the Nebraska Heartbeat Act.
  • ?  Sections 7-13 lay out the process for what happens when a doctor is alleged to have violated the Nebraska Heartbeat Act—the same process that happens anytime a doctor is alleged to have committed any kind of unprofessional conduct under the already-existing Uniform Credentialing Act.

o Sections 9, 10, and 11 specifically state that if it is found the doctor/abortionist has performed an unlawful abortion in violation of the Nebraska Heartbeat Act, his license is to be subject to revocation.

  • ?  Section 14 is the severability clause, stating that if for some reason a court finds something in the act to be unconstitutional, the rest of the act shall not be affected.
  • ?  Section 15 is the repealer clause, stating that the old, unamended statutes shall be repealed and make way for the new, amended statutes as outlined in this bill.
  • ?  Section 16 is the emergency clause, stating that the bill shall take effect upon passage and approval.

Source of Information: Nebraska Family Alliance