This bill requires health care providers to give "reasonably diligent and conscientious care" to an infant born alive following an attempted abortion. Providers would have to take the appropriate steps to save the life of an infant given its age and health, and immediately transport and admit it to a hospital.
If a health care provider, or employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with these requirements, they are legally responsible for reporting the incident to a state or federal law enforcement agency.
Failing to comply with this bill could result in fines or up to five years in prison. If a person's actions actively lead to the death of a born alive infant, they could be tried for murder. The mother of the child that is born alive could not be prosecuted under this legislation, as it only applies to health care providers.
Women who give birth to born alive infants can file civil suits against health care providers. Legal awards could include:
- Compensation for physical and psychological injury,
- Statutory damages up to three times the cost of the abortion or attempted abortion,
- And punitive damages.