DE HB40

Requires physicians to offer ultrasound imaging and auscultation of fetal heart tone services to patients before terminating a pregnancy, except in medical emergencies.

Ultrasound must include fetal dimensions and accurate portrayal of external members and internal organs at quality consistent with standard medical practice; patients may choose not to view the image or hear the heartbeat.

Physician must obtain patient's signature on a form confirming the ultrasound and auscultation services were offered before performing the abortion.

Intentional or knowing failure to comply is a class A misdemeanor; violation also provides grounds for civil malpractice action, professional disciplinary action, and wrongful death claims under Delaware law.

Establishes civil procedures allowing plaintiffs to use initials or pseudonyms, permits court closure of proceedings for privacy, and provides for attorney's fees awards to prevailing parties.