To amend title 18, United States Code, to ensure a health care practitioner exercises the proper degree of care in the case of a child who survives an abortion or attempted abortion.
Protection of Born-Alive Abortion Survivors ActThis bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion.
A health care practitioner who is present must exercise the same degree of care as reasonably provided to another child born alive at the same gestational age. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement.
A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both.
Additionally, 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 for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of a felony.
A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.
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