FAIL: Fetus refuses to testify to House committee

From the :

Two young mothers were given ultrasounds in a packed room at the Statehouse as part of a House committee meeting Wednesday. The heartbeat of a fetus at 15 weeks gestation was easily detected. The heartbeat in a fetus of nine weeks gestation was difficult to detect.

Is that like taking the Fifth?  In what was staged as political stagecraft to pander to the Pro-Life crowd, Chairman Lynn Wachtmann unknowingly revealed the other fatal flaw of his “heartbeat” abortion ban besides the fact that even Ohio Right to Life recognizes it as being certainly held as unconstitutional by the courts—it can’t work.

It creates no predictable framework in which people can exercise their constitutional and medical rights with any assurance of what the legal response may be.

If they had trouble detecting the heartbeat, does that mean, under Wachtmann’s bill that the fetus could still be legally aborted?  To what extent and under what legal standard are doctors going to be held to determine whether a distinct fetal heartbeat has been detected with medical certainty?