Second Chance at Life Act of 2019

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2010 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2010

To ensure that a woman seeking a chemical abortion is informed that it 
may be possible to reverse the intended effects of the abortion if the 
            woman changes her mind, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2019

 Mr. Conaway introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To ensure that a woman seeking a chemical abortion is informed that it 
may be possible to reverse the intended effects of the abortion if the 
            woman changes her mind, and for other purposes.

    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 ``Second Chance at Life Act of 2019''.

SEC. 2. ABORTION PILL REVERSAL INFORMED CONSENT.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

         ``TITLE XXXIV--ABORTION BILL REVERSAL INFORMED CONSENT

``SEC. 3401. DEFINITIONS.

    ``In this title:
            ``(1) Abortion provider.--The term `abortion provider' 
        means any person licensed to perform a chemical abortion under 
        applicable Federal and State laws.
            ``(2) Chemical abortion.--The term `chemical abortion' 
        means the use or prescription of an abortion-inducing drug 
        dispensed with the intent to cause the death of the unborn 
        child.
            ``(3) Unborn child.--The term `unborn child' means a member 
        of the species homo sapiens, at any stage of development prior 
        to birth.
            ``(4) Woman.--The term `woman' means a female human being 
        whether or not she has reached the age of majority.

``SEC. 3402. ABORTION PILL REVERSAL INFORMED CONSENT.

    ``(a) Requirement of Compliance by Providers.--Effective 30 days 
after the date of enactment of the Second Chance at Life Act of 2019, 
any abortion provider in or affecting interstate or foreign commerce, 
who knowingly performs any chemical abortion, shall comply with the 
requirements of this title.
    ``(a) Informed Consent.--Except in the case of a medical emergency 
described in section 3403, a chemical abortion involving the two drug 
process of dispensing mifepristone first and then misoprostol shall not 
be performed or induced or attempted to be performed or induced without 
the following:
            ``(1) The woman is informed, by telephone or in person, by 
        the physician who is to perform the chemical abortion, by a 
        referring physician, or by an agent of either physician at 
        least 24 hours before the chemical abortion, that--
                    ``(A) it may be possible to reverse the intended 
                effects of a chemical abortion utilizing mifepristone 
                if the woman changes her mind but that time is of the 
                essence; and
                    ``(B) information on and assistance with reversing 
                the effects of a chemical abortion utilizing 
                mifepristone is available on the website of the 
                Department of Health and Human Services required by 
                section 3405(b).
            ``(2) After the first drug involved in the two drug process 
        is dispensed in a chemical abortion utilizing mifepristone, the 
        physician shall provide written medical discharge instructions 
        to the pregnant woman which must include the statement:
    ```Recent developing research has indicated that mifepristone alone 
is not always effective in ending a pregnancy. It may be possible to 
avoid, cease, or even to reverse the intended effects of a chemical 
abortion utilizing mifepristone if the second pill has not been taken. 
Please consult with a health care professional immediately.'''.

``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES.

    ``(a) Exception.--The provisions of section 3402 shall not apply to 
an abortion provider if the abortion is necessary to save the life of a 
mother whose life is endangered by a physical disorder, physical 
illness, or physical injury, including a life-endangering physical 
condition caused by or arising from the pregnancy itself.
    ``(b) Certification.--Upon a determination by an abortion provider 
under subsection (a) that an abortion is necessary to save the life of 
a mother, such provider shall include in the medical file of the 
pregnant woman a truthful and accurate certification of the specific 
medical circumstances that support such determination.

``SEC. 3404. SIGN POSTING.

    ``(a) Posting.--Any private office, freestanding surgical 
outpatient clinic or other facility, or clinic in which chemical 
abortions, other than abortions necessary in the case of a medical 
emergency described in section 3403, are performed shall conspicuously 
post a sign (in a location as described in subsection (c) so as to be 
clearly visible to patients) which reads:
    ```Recent developing research has indicated that mifepristone alone 
is not always effective in ending a pregnancy. It may be possible to 
avoid, cease, or even to reverse the intended effects of a chemical 
abortion utilizing mifepristone if the second pill has not been taken. 
Please consult with a health care professional immediately.'.
    ``(b) Lettering; Size.--The sign required by subsection (a) shall 
be printed with lettering that is--
            ``(1) legible; and
            ``(2) at least three quarters of an inch boldfaced type.
    ``(c) Locations.--A facility in which chemical abortions are 
performed that is a private office or a freestanding surgical 
outpatient clinic shall post the sign required by subsection (a) in 
each patient waiting room and patient consultation room used by 
patients on whom chemical abortions are performed. A hospital or any 
other facility in which chemical abortions are performed that is not a 
private office or freestanding surgical outpatient clinic shall post 
the required sign in each patient admission area used by patients on 
whom chemical abortions are performed.

``SEC. 3405. PRINTED INFORMATION AND WEBSITE.

    ``(a) In General.--The Secretary shall publish, in English and in 
each language which is the primary language of 2 percent or more of the 
population of any State, and shall cause to be available on the website 
required by subsection (b), the following printed materials in such a 
way as to ensure that the information is easily comprehensible:
            ``(1) Materials designed to inform the woman of the 
        possibility of reversing the effects of a chemical abortion 
        utilizing mifepristone if she changes her mind.
            ``(2) Materials on the assistance and resources that may be 
        available to help reverse the effects of a chemical abortion.
    ``(b) Website.--Not later than 30 days after the date of enactment 
of the Second Chance at Life Act of 2019, the Secretary shall develop 
and maintain a website to provide the information described in 
subsection (a) in accordance with the following:
            ``(1) No information regarding who uses the website shall 
        be collected or maintained.
            ``(2) The Secretary shall monitor on a regular basis the 
        website to prevent and correct tampering.
            ``(3) The website shall be maintained at a minimum 
        resolution of 70 DPI (dots per inch).
            ``(4) All pictures appearing on the website shall be a 
        minimum of 200x300 pixels.
            ``(5) All letters on the website shall be a minimum of 12 
        point font.
            ``(6) All information and pictures on the website shall be 
        accessible with an industry standard browser, requiring no 
        additional plug-ins.

``SEC. 3406. CIVIL REMEDIES.

    ``(a) Civil Suits for Violation.--Except as provided in subsection 
(b), any of the following parties may bring a civil action before the 
appropriate Federal district court for actual and punitive damages 
against an abortion provider who knowingly or recklessly performed or 
attempted to perform a chemical abortion in violation of this title:
            ``(1) A person upon whom such a chemical abortion has been 
        performed or attempted.
            ``(2) A father of an unborn child who is the subject of 
        such a chemical abortion.
            ``(3) A parent of a person upon whom such a chemical 
        abortion has been performed or attempted if such person had not 
        attained 18 years of age at the time of such abortion or if 
        such person died as the result of such abortion.
    ``(b) Barring Suit.--A plaintiff may not bring a civil action under 
subsection (a) if a chemical abortion is performed or attempted with 
respect to a pregnancy that is the result of the plaintiff's criminal 
conduct.
    ``(c) Attorney's Fee.--If a party described in paragraph (1), (2), 
or (3) of subsection (a) is the prevailing party in an action under 
this section, the court shall award a reasonable attorney's fee to such 
party. If a defendant is the prevailing party in an action under this 
section, and the court finds that such action was frivolous or brought 
in bad faith, the court shall award a reasonable attorney's fee to the 
defendant.''.

SEC. 3. PREEMPTION.

    Nothing in this Act or the amendment made by this Act shall be 
construed to preempt any provision of State law to the extent that such 
State law establishes, implements, or continues in effect disclosure 
requirements regarding abortion or penalties for failure to comply with 
such requirements that are more extensive than those provided under the 
amendment made by this Act.

SEC. 4. SEVERABILITY.

    If any provision of this Act, or any application thereof, is found 
to be unconstitutional, the remainder of this Act and any application 
thereof shall not be affected by such finding.
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