Requirements for children born alive following abortion or attempted abortion and providing a penalty.
Impact
In addition to setting out care requirements, the bill imposes criminal penalties for failures to comply. A health care provider or hospital employee who does not meet these requirements could face felony charges, including fines of up to $10,000 and imprisonment for a maximum of six years. However, the mother of the child born alive cannot be prosecuted under this legislation. This provision is aimed at protecting women who undergo abortions, as they cannot be held criminally liable for failures in accordance with the bill.
Summary
Senate Bill 61 establishes mandatory requirements for health care providers when a child is born alive following an abortion or an attempted abortion. The bill outlines that health care providers present at such a time must exercise a high degree of professional skill and diligence to ensure the life and health of the child, equivalent to what they would provide for any other child born at the same gestational age. Moreover, it mandates that any child born alive must be immediately transported and admitted to a hospital for care and treatment.
Contention
The legislation highlights the ongoing controversy surrounding abortion rights and the legal status of fetuses and newborns. Supporters of the bill argue that it is necessary to uphold the rights of a child born alive and ensure they receive appropriate medical attention. Critics, however, have raised concerns that the bill may infringe on a woman's right to make decisions about her reproductive health. The potential consequences of failing to comply with the bill may also lead to fear among healthcare providers regarding their legal responsibilities in abortion-related cases.
Additional_provisions
The bill also allows for women affected by violations to bring civil claims for damages, including emotional distress, against individuals who violate the stipulated requirements. This aspect reinforces the rights of patients after undergoing abortions and ensures a form of accountability for health care providers. The widespread implications of these legal changes could have significant repercussions on how abortion services are provided in the state.
Provides equal Medicare for infants born-alive as a result of abortion procedure/natural delivery with violations subject to criminal penalties for medical personnel/loss of license/civil action for damages.
Provides equal Medicare for infants born-alive as a result of abortion procedure/natural delivery with violations subject to criminal penalties for medical personnel/loss of license/civil action for damages.