Woman's Right To Know Act
This bill specifies requirements for informed consent that health care providers must obtain before performing an abortion procedure.
Providers must present a woman seeking an abortion with an authorization form at least 24 hours before performing the procedure. The form must (1) include specified information concerning gestational age, associated developmental characteristics, and medical risks; (2) disclose penalties that providers may face for failing to obtain the requisite informed consent; and (3) include an affirmation that the individual signing the form understands the information. The form must be signed and witnessed in person and retained in the medical file.
Providers do not have to obtain such consent if, in reasonable medical judgment, obtaining it would pose a greater risk of death or substantial physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman.
The bill also establishes civil penalties for providers who do not comply with these requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3388 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3388
To ensure that women seeking an abortion are informed of the medical
risks associated with the abortion procedure and the major
developmental characteristics of the unborn child, before giving their
informed consent to receive an abortion.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2020
Mrs. Loeffler (for herself, Mrs. Blackburn, Ms. Ernst, Mr. Inhofe, Mr.
Lankford, Mr. Braun, and Mr. Scott of Florida) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that women seeking an abortion are informed of the medical
risks associated with the abortion procedure and the major
developmental characteristics of the unborn child, before giving their
informed consent to receive an abortion.
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 ``Woman's Right To Know Act''.
SEC. 2. REQUIREMENT OF INFORMED CONSENT.
(a) In General.--
(1) Requirement of compliance by providers.--Any abortion
provider, acting in or affecting interstate or foreign
commerce, who knowingly performs, or attempts to perform, any
abortion shall comply with the requirements of this section.
(2) Review of medical risks and unborn health status.--An
abortion provider who intends to perform, or attempt to
perform, an abortion may not perform any part of the abortion
procedure without first obtaining a signed Informed Consent
Authorization form in accordance with this subsection.
(3) Informed consent authorization form.--
(A) In general.--The Informed Consent Authorization
form required under this subsection shall--
(i) be presented in person by the abortion
provider 24 hours prior to performing, or
attempting to perform, the abortion to the
woman seeking the abortion; and
(ii) consist of--
(I) a statement by the abortion
provider indicating--
(aa) the probable
gestational age, in completed
days, of the child;
(bb) all medical risks
associated with the specific
abortion procedure; and
(cc) the major
developmental characteristics
of unborn children at such
gestational age, including the
presence of a heartbeat, the
ability to react to painful
stimuli, and the development of
organs, appendages, and facial
features;
(II) a statement that the
requirements of this subsection are
binding upon the abortion provider and
all other medical personnel, that such
abortion providers and medical
personnel are subject to criminal and
civil penalties for violations of these
requirements, and that a woman on whom
an abortion has been performed may take
civil action if these requirements are
not followed; and
(III) an affirmation that each
individual signing the Informed Consent
Authorization form has filled out the
form to the best of his or her
knowledge and understands the
information contained in the form.
(B) Signatories required.--The Informed Consent
Authorization form required under this subsection shall
be signed in person by the woman seeking the abortion,
the abortion provider performing or attempting to
perform the abortion, and a witness.
(C) Retention of consent form.--The abortion
provider performing or attempting to perform an
abortion shall retain the signed Informed Consent
Authorization form required under this subsection in
the patient's medical file.
(D) Requirement for data retention.--Paragraph
(j)(2) of section 164.530 of title 45, Code of Federal
Regulations, shall apply to the Informed Consent
Authorization form required to be placed in a patient's
medical file pursuant to subparagraph (C) in the same
manner and to the same extent as such paragraph applies
to documentation required by paragraph (j)(1) of such
section.
(4) Exceptions.--The requirements of this subsection shall
not apply if, in reasonable medical judgment, compliance with
paragraph (2) would pose a greater risk of--
(A) the death of the pregnant woman; or
(B) the substantial and irreversible physical
impairment of a major bodily function, not including
psychological or emotional conditions, of the pregnant
woman.
(b) Penalty for Failure To Comply.--
(1) Civil penalty.--
(A) Enforcement by attorney general.--The Attorney
General shall commence a civil action in an appropriate
district court of the United States under this
subsection against any abortion provider who knowingly
commits a violation of subsection (a).
(B) Penalty.--In a civil action under subparagraph
(A), the court may, to vindicate the public interest,
assess a civil penalty against the abortion provider in
an amount--
(i) not less than $100,000 and not more
than $150,000, for each such violation that is
adjudicated in the first proceeding against
such abortion provider under this subsection;
or
(ii) not less than $150,001 and not more
than $250,000, for each such violation that is
adjudicated in a subsequent proceeding against
such abortion provider under this subsection.
(C) Notification.--Upon the assessment of a civil
penalty under subparagraph (B), the Attorney General
shall notify the appropriate State medical licensing
authority.
(D) No penalties for pregnant women.--A pregnant
woman shall not be subject to any penalty under this
section.
(2) Private right of action.--
(A) In general.--A woman or a parent of a minor
upon whom an abortion has been performed in violation
of subsection (a) may commence a civil action against
the abortion provider for appropriate relief.
(B) Appropriate relief.--Appropriate relief in a
civil action under this paragraph includes--
(i) objectively verifiable money damages
for all injuries, psychological and physical,
occasioned by the violation;
(ii) statutory damages equal to 3 times the
cost of the abortion; and
(iii) punitive damages.
(C) Attorney's fees for plaintiff.--The court shall
award a reasonable attorney's fee as part of the costs
to a prevailing plaintiff in a civil action under this
paragraph.
(D) Attorney's fees for defendant.--If a defendant
in a civil action under this paragraph prevails and the
court finds that the plaintiff's suit was frivolous,
the court shall award a reasonable attorney's fee in
favor of the defendant against the plaintiff.
(E) Awards against woman.--In any civil action
under this paragraph, no damages or other monetary
relief, and no attorney's fees except as provided under
subparagraph (D), may be assessed against the woman
upon whom the abortion was performed or attempted.
(c) Preemption.--Nothing in this Act or the amendments 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.
(d) Rule of Construction.--Nothing in this Act shall be construed
to prohibit an abortion provider from presenting the information
required under subsection (a) to a pregnant woman at the same time as
acquiring informed consent for an abortion from such woman in
accordance with State law, provided that the presentation of such
information occurs at least 24 hours before the abortion.
(e) Definitions.--In this section:
(1) Abortion.--The term ``abortion'' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device--
(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
(i) after viability to produce a live birth
and preserve the life and health of the child
born alive; or
(ii) to remove a dead unborn child.
(2) Abortion provider.--The term ``abortion provider''
means a person--
(A) licensed to practice medicine and surgery or
osteopathic medicine and surgery; or
(B) otherwise legally authorized to perform an
abortion.
(3) Attempt.--The term ``attempt'', with respect to an
abortion, means conduct that, under the circumstances as the
actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in performing an
abortion.
(4) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
(5) Perform.--The term ``perform'', with respect to an
abortion, includes inducing an abortion through a medical or
chemical intervention including writing a prescription for a
drug or device intended to result in an abortion.
(6) Reasonable medical judgment.--The term ``reasonable
medical judgment'' means a medical judgment that would be made
by a reasonably prudent abortion provider, knowledgeable about
the case and the treatment possibilities with respect to the
medical conditions involved.
(7) Unborn child.--The term ``unborn child'' means an
individual organism of the species homo sapiens, beginning at
fertilization, until the point of being born alive as defined
in section 8(b) of title 1, United States Code.
(8) Woman.--The term ``woman'' means a female human being
whether or not she has reached the age of majority.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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