The act requires the same degree of care and protection for infants born alive after an abortion as for any newborn, and imposes penalties for failing to provide such care.
It outlines penalties for health care practitioners who violate the requirements pertaining to born-alive abortion survivors, including fines and imprisonment.
The act includes provisions for civil actions by the woman upon whom the abortion was performed or attempted to obtain relief for any violations.
The bill also defines terms such as abortion, attempt, born alive, and includes conforming amendments to related chapters and sections of the United States Code.
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.
