Virginia House Bill HB1795

Virginia 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23
• Report Pass: 2/3/23
• Engrossed: 2/6/23
• Refer: 2/8/23

Caption

Abortion; born alive infant, treatment and care, penalty.

Impact

The adoption of HB 1795 is likely to have profound implications for state laws managing abortion and infant health care. It strengthens existing policies around the care of infants born alive while also instituting a framework of accountability for medical professionals. Such legislative changes could compel healthcare facilities to revise their protocols for emergency situations involving newborn infants and ultimately influence decisions made by healthcare professionals in the context of reproductive health. The expected fiscal implications could also arise from potential legal defenses that healthcare providers might seek in response to allegations of non-compliance with the bill.

Summary

House Bill 1795 aims to introduce strict regulations concerning the treatment and care of infants born alive during attempted abortions or miscarriages. Specifically, the bill mandates that health care providers present during such instances must exercise the same level of care for the born infant as they would for any other child born at the same gestational age. This includes ensuring that the newborn receives immediate medical attention and is transported to a hospital as necessary. The bill seeks to enforce these requirements through significant penalties, categorizing non-compliance as a Class 4 felony, which underscores the seriousness of the obligations placed upon healthcare providers under this legislation.

Contention

The bill has sparked notable debate among lawmakers and constituents as it raises questions about the rights of infants versus the rights of women seeking abortions. Advocates for HB 1795 argue that it is crucial to protect the lives of infants who survive abortion attempts. However, opponents contend that the imposition of such strict penalties on healthcare providers may complicate care decisions, potentially leading to a chilling effect on medical personnel who fear legal repercussions should they be unable to comply with the stringent standards set forth in the bill. This division highlights the ongoing societal and ethical dilemmas surrounding reproductive rights and infant care.