Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
Health Care Practitioner Disaster Protection Act
Born-Alive Abortion Survivors Protection Act
Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
Pregnant Women Health and Safety Act of 2023 This bill establishes requirements for physicians who perform abortions and abortion clinics. Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise. A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted. The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers.
Teleabortion Prevention Act of 2023 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit for the patient. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.
Support And Value Expectant Moms and Babies Act of 2023 or the SAVE Moms and Babies Act of 2023 This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved. Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner. The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner from also acting as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient. The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)
Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.
Protecting Life on College Campus Act of 2023 This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.
Title X Abortion Provider Prohibition Act This bill prohibits the Department of Health and Human Services (HHS) from awarding family planning grants to entities that perform abortions or provide funding to other entities that perform abortions. To receive a grant, an entity must certify it will refrain from those activities during the grant period. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness. It also exempts hospitals unless they provide funds to non-hospital entities that provide abortions. HHS must report annually on this prohibition.