Women's Health Protection Act of 2013 - Makes the following limitations and requirements concerning abortion services unlawful and prohibits their imposition or application by any government:
Makes unlawful a measure or action that restricts the provision of abortion services, or the facilities that provide them, that is similar to any of those described above if it singles out abortion services or make abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services.
Provides standards for the making of a prima facie case in a civil action challenging such restrictions and factors to be considered by a court in determining whether a measure or action impedes access to abortion services.
Makes the following other restrictions on the performance of abortion unlawful and prohibits their imposition or application by any government:
Requires courts to liberally construe the provisions of this Act.
Authorizes the Attorney General or an individual or entity aggrieved by (or a health facility or medical professional adversely affected by) a violation of this Act, to commence a civil action for injunctive relief.
Preempts any provision enacted by a state or subdivision having the force of law that conflicts with any provision of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1696 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1696
To protect a woman's right to determine whether and when to bear a
child or end a pregnancy by limiting restrictions on the provision of
abortion services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 13, 2013
Mr. Blumenthal (for himself, Ms. Baldwin, Mrs. Boxer, Mr. Schatz, Ms.
Hirono, Mr. Harkin, Mr. Whitehouse, Mr. Sanders, Mr. Schumer, Mrs.
Murray, Mrs. Gillibrand, Ms. Cantwell, Mr. Murphy, Mr. Brown, Ms.
Warren, Mr. Tester, Mr. Menendez, Mr. Heinrich, Mr. Coons, Mr. Markey,
Mr. Merkley, Mrs. Shaheen, Ms. Mikulski, Mr. Booker, Mrs. Feinstein,
Ms. Stabenow, Mr. Wyden, Mr. Franken, Ms. Klobuchar, Mr. Cardin, and
Mrs. McCaskill) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect a woman's right to determine whether and when to bear a
child or end a pregnancy by limiting restrictions on the provision of
abortion services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Health Protection Act of
2013''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Access to safe, legal abortion services is essential to
women's health and central to women's ability to participate
equally in the economic and social life of the United States.
(2) Access to safe, legal abortion services has been
hindered in the United States in various ways, including
blockades of health care facilities and associated violence;
restrictions on insurance coverage; restrictions on minors'
ability to obtain services; and requirements and restrictions
that single out abortion providers and those seeking their
services, and which do not further women's health or the safety
of abortion, but harm women by reducing the availability of
services.
(3) In the early 1990s, protests and blockades at health
care facilities where abortions were performed, and associated
violence, increased dramatically and reached crisis level,
requiring Congressional action. Congress passed the Freedom of
Access to Clinic Entrances Act (Public Law 103-259) to address
that situation and ensure that women could physically access
abortion services.
(4) Since 2010, there has been an equally dramatic increase
in the number of laws and regulations singling out abortion
that threaten women's health and their ability to access safe
abortion services by interfering with health care
professionals' ability to provide such services. Congressional
action is now necessary to put an end to these restrictions. In
addition, there has been a dramatic increase in the passage of
laws that blatantly violate the constitutional protections
afforded women, such as bans on abortions prior to viability.
(5) Legal abortion is one of the safest medical procedures
in the United States. That safety is furthered by regulations
that are based on science and are generally applicable to the
medical profession or to medically comparable procedures.
(6) Many State and local governments are imposing
restrictions on the provision of abortion that are neither
science-based nor generally applicable to the medical
profession or to medically comparable procedures. Though
described by their proponents as health and safety regulations,
many of these abortion-specific restrictions do not advance the
safety of abortion services and do nothing to protect women's
health. Also, these restrictions interfere with women's
personal and private medical decisions, make access to abortion
more difficult and costly, and even make it impossible for some
women to obtain those services.
(7) These restrictions harm women's health by reducing
access not only to abortion services but also to the other
essential health care services offered by the providers
targeted by the restrictions, including contraceptive services,
which reduce unintended pregnancies and thus abortions, and
screenings for cervical cancer and sexually transmitted
infections. These harms fall especially heavily on low-income
women, women of color, and women living in rural and other
medically underserved areas.
(8) The cumulative effect of these numerous restrictions
has been widely varying access to abortion services such that a
woman's ability to exercise her constitutional rights is
dependent on the State in which she lives. Federal legislation
putting a stop to harmful restrictions throughout the United
States is necessary to ensure that women in all States have
access to safe abortion services, an essential constitutional
right repeatedly affirmed by the United States Supreme Court.
(9) Congress has the authority to protect women's ability
to access abortion services pursuant to its powers under the
Commerce Clause and its powers under section 5 of the
Fourteenth Amendment to the Constitution to enforce the
provisions of section 1 of the Fourteenth Amendment.
(b) Purpose.--It is the purpose of this Act to protect women's
health by ensuring that abortion services will continue to be available
and that abortion providers are not singled out for medically
unwarranted restrictions that harm women by preventing them from
accessing safe abortion services. It is not the purpose of this Act to
address all threats to access to abortion (for example, this Act does
not apply to clinic violence, restrictions on insurance coverage of
abortion, or requirements for parental consent or notification before a
minor may obtain an abortion) which Congress should address through
separate legislation as appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abortion.--The term ``abortion'' means any medical
treatment, including the prescription of medication, intended
to cause the termination of a pregnancy except for the purpose
of increasing the probability of a live birth, to remove an
ectopic pregnancy, or to remove a dead fetus.
(2) Abortion provider.--The term ``abortion provider''
means a health care professional who performs abortions.
(3) Government.--The term ``government'' includes a branch,
department, agency, instrumentality, or individual acting under
color of law of the United States, a State, or a subdivision of
a State.
(4) Health care professional.--The term ``health care
professional'' means a licensed medical professional (including
physicians, certified nurse-midwives, nurse practitioners, and
physician assistants) who is competent to perform abortions
based on clinical training.
(5) Pregnancy.--The term ``pregnancy'' refers to the period
of the human reproductive process beginning with the
implantation of a fertilized egg.
(6) State.--The term ``State'' includes each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each territory or possession of the United States.
(7) Viability.--The term ``viability'' means the point in a
pregnancy at which, in the good-faith medical judgment of the
treating health care professional, based on the particular
facts of the case before her or him, there is a reasonable
likelihood of sustained fetal survival outside the uterus with
or without artificial support.
SEC. 4. PROHIBITED MEASURES AND ACTIONS.
(a) General Prohibitions.--The following limitations or
requirements are unlawful and shall not be imposed or applied by any
government because they single out the provision of abortion services
for restrictions that are more burdensome than those restrictions
imposed on medically comparable procedures, they do not significantly
advance women's health or the safety of abortion services, and they
make abortion services more difficult to access:
(1) A requirement that a medical professional perform
specific tests or follow specific medical procedures in
connection with the provision of an abortion, unless generally
required for the provision of medically comparable procedures.
(2) A limitation on an abortion provider's ability to
delegate tasks, other than a limitation generally applicable to
providers of medically comparable procedures.
(3) A limitation on an abortion provider's ability to
prescribe or dispense drugs based on her or his good-faith
medical judgment, other than a limitation generally applicable
to the medical profession.
(4) A limitation on an abortion provider's ability to
provide abortion services via telemedicine, other than a
limitation generally applicable to the provision of medical
services via telemedicine.
(5) A requirement or limitation concerning the physical
plant, equipment, staffing, or hospital transfer arrangements
of facilities where abortions are performed, or the credentials
or hospital privileges or status of personnel at such
facilities, that is not imposed on facilities or the personnel
of facilities where medically comparable procedures are
performed.
(6) A requirement that, prior to obtaining an abortion, a
woman make one or more medically unnecessary visits to the
provider of abortion services or to any individual or entity
that does not provide abortion services.
(7) A requirement or limitation that prohibits or restricts
medical training for abortion procedures, other than a
requirement or limitation generally applicable to medical
training for medically comparable procedures.
(b) Other Prohibited Measures or Actions.--
(1) In general.--A measure or action that restricts the
provision of abortion services or the facilities that provide
abortion services that is similar to any of the prohibited
limitations or requirements described in subsection (a) shall
be unlawful if such measure or action singles out abortion
services or make abortions services more difficult to access
and does not significantly advance women's health or the safety
of abortion services.
(2) Prima facie case.--To make a prima facie showing that a
measure or action is unlawful under paragraph (1) a plaintiff
shall demonstrate that the measure or action involved--
(A) singles out the provision of abortion services
or facilities in which abortion services are performed;
or
(B) impedes women's access to abortion services
based on one or more of the factors described in
paragraph (3).
(3) Factors.--Factors for a court to consider in
determining whether a measure or action impedes access to
abortion services for purposes of paragraph (2)(B) include the
following:
(A) Whether the measure or action interferes with
an abortion provider's ability to provide care and
render services in accordance with her or his good-
faith medical judgment.
(B) Whether the measure or action is reasonably
likely to delay some women in accessing abortion
services.
(C) Whether the measure or action is reasonably
likely to directly or indirectly increase the cost of
providing abortion services or the cost for obtaining
abortion services (including costs associated with
travel, childcare, or time off work).
(D) Whether the measure or action requires, or is
reasonably likely to have the effect of necessitating,
a trip to the offices of the abortion provider that
would not otherwise be required.
(E) Whether the measure or action is reasonably
likely to result in a decrease in the availability of
abortion services in the State.
(F) Whether the measure or action imposes criminal
or civil penalties that are not imposed on other health
care professionals for comparable conduct or failure to
act or that are harsher than penalties imposed on other
health care professionals for comparable conduct or
failure to act.
(G) The cumulative impact of the measure or action
combined with other new or existing requirements or
restrictions.
(4) Defense.--A measure or action shall be unlawful under
this subsection upon making a prima facie case (as provided for
under paragraph (2)), unless the defendant establishes, by
clear and convincing evidence, that--
(A) the measure or action significantly advances
the safety of abortion services or the health of women;
and
(B) the safety of abortion services or the health
of women cannot be advanced by a less restrictive
alternative measure or action.
(c) Other Prohibitions.--The following restrictions on the
performance of abortion are unlawful and shall not be imposed or
applied by any government:
(1) A prohibition or ban on abortion prior to fetal
viability.
(2) A prohibition on abortion after fetal viability when,
in the good-faith medical judgment of the treating physician,
continuation of the pregnancy would pose a risk to the pregnant
woman's life or health.
(3) A restriction that limits a pregnant woman's ability to
obtain an immediate abortion when a health care professional
believes, based on her or his good-faith medical judgment, that
delay would pose a risk to the woman's health.
(4) A measure or action that prohibits or restricts a woman
from obtaining an abortion prior to fetal viability based on
her reasons or perceived reasons or that requires a woman to
state her reasons before obtaining an abortion prior to fetal
viability.
(d) Limitation.--The provisions of this Act shall not apply to laws
regulating physical access to clinic entrances, requirements for
parental consent or notification before a minor may obtain an abortion,
insurance coverage of abortion, or the procedure described in section
1531(b)(1) of title 18, United States Code.
(e) Effective Date.--This Act shall apply to government
restrictions on the provision of abortion services, whether statutory
or otherwise, whether they are enacted or imposed prior to or after the
date of enactment of this Act.
SEC. 5. LIBERAL CONSTRUCTION.
(a) Liberal Construction.--In interpreting the provisions of this
Act, a court shall liberally construe such provisions to effectuate the
purposes of the Act.
(b) Rule of Construction.--Nothing in this Act shall be construed
to authorize any government to interfere with a woman's ability to
terminate her pregnancy, to diminish or in any way negatively affect a
woman's constitutional right to terminate her pregnancy, or to displace
any other remedy for violations of the constitutional right to
terminate a pregnancy.
SEC. 6. ENFORCEMENT.
(a) Attorney General.--The Attorney General may commence a civil
action for prospective injunctive relief on behalf of the United States
against any government official that is charged with implementing or
enforcing any restriction that is challenged as unlawful under this
Act.
(b) Private Right of Action.--
(1) In general.--Any individual or entity aggrieved by an
alleged violation of this Act may commence a civil action for
prospective injunctive relief against the government official
that is charged with implementing or enforcing the restriction
that is challenged as unlawful under this Act.
(2) Facility or professional.--A health care facility or
medical professional may commence an action for prospective
injunctive relief on behalf of the facility's or professional's
patients who are or may be adversely affected by an alleged
violation of this Act.
(c) Equitable Relief.--In any action under this section, the court
may award appropriate equitable relief, including temporary,
preliminary, or permanent injunctive relief.
(d) Costs.--In any action under this section, the court shall award
the costs of litigation, including reasonable attorney and expert
witness fees, to any prevailing or substantially prevailing plaintiff.
(e) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings commenced pursuant to this section
and shall exercise the same without regard to whether the party
aggrieved shall have exhausted any administrative or other remedies
that may be provided for by law.
SEC. 7. PREEMPTION.
No State or subdivision thereof shall enact or enforce any law,
rule, regulation, standard, or other provision having the force and
effect of law that conflicts with any provision of this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to all
other persons or circumstances, shall not be affected thereby.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 113-844.
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