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house Bill H.R. 37

Punishing Healthcare Providers Who Don't Try to Save Infants that Survive Abortions

Argument in favor

Health care providers who don't try to save infants that survive abortions are cruel. This bill would ensure that their murderous actions are punished.

operaman's Opinion
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04/19/2017
If you don't try to save the new-born, it's called murder. However, abortion also equals murder, so where's the difference?
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BowerPower's Opinion
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04/19/2017
These seems fairly straightforward, everyone deserves the Right to Life, its declared in the UN UDHR and has been declared in the Declaration of Independence, documents that Americans and Citizens of the World hold dear. If in the horrible case that an abortion takes place, and that the subject of that abortion survives their murder, that they should at least be entitled the right to live at that point. I'd rather that this scenario never occurs, but if it does, it is the obligation of a healthcare provider to provide for its patients, by denying that baby that has survived through so much in its short life, is wrong and they should be punished. Doctors have ethics, and I'm pretty sure let a patient die in cold blood is not in their code.
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DeanLA's Opinion
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02/24/2017
Punish Planned Parenthood! They should be saving children, not making money selling body parts. Abortion is murder!
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Argument opposed

Partisan politics and fear mongering, rather than legitimate legal or medical needs, are the motivation behind this bill.

DMontaperto's Opinion
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02/24/2017
This "what if" scenario has never actually happened. This bill is a red herring meant only to chip away at a woman's right to choose weather or not to have an abortion.
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Lia's Opinion
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01/28/2017
Only 1.2% of abortions occur after 21 weeks, and fetuses are not viable outside the womb before about 24 weeks. Of these very few abortions after 21 weeks, many have defects incompatible with life, and it is a heart wrenching decision for the mother to terminate what would be a painful and short life. These women deserve better than the non-medical opinions of legislators. It is absolutely selfish to impose your opinion on a situation you know nothing about.
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Abbie's Opinion
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04/19/2017
Abortions that happen late enough in a pregnancy to make live birth possible are done because there is something physically wrong with the fetus that makes sustaining life impossible. In the unlikely event that a baby is born alive after an attempted abortion, the doctors and family should certainly be able to fight for that child's life if it is a medically sound decision to do so, but families should not be forced into costly and pointless procedures that only prolong the physical pain of the child and the emotional pain of the family.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Constitution, Civil Rights, and Civil Liberties
      Committee on the Judiciary
    IntroducedJanuary 3rd, 2017

What is House Bill H.R. 37?

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. 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 healthcare providers.

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.

Women who give birth to born alive infants can file civil suits against health care providers. Legal awards could include:

The loser of the civil suit would be required to pay the attorney’s fees of the victor.

Impact

Women seeking abortions, born alive infants, health care providers, and federal and state law enforcement.

Cost of House Bill H.R. 37

A CBO cost estimate is unavailable.

More Information

Of Note: In mid-July, 2015, the national debate on abortion was reignited after undercover videos shot by the Center for Medical Progress (CMP) were released. The videos claim to show Planned Parenthood officials discussing the sale of the organs and tissue of aborted fetuses. In some of these cases, the abortions were done in a way to keep the infant alive long enough to extract the organs and tissue. And in the past, Planned Parenthood its representatives have been accused of failing to speak out against the killing of infants that survive an attempted abortion. CMP claims that the: 
"criminal conspiracy to make money off of aborted baby parts reaches to the very highest levels of their organization. Elected officials must listen to the public outcry for Planned Parenthood to be held accountable to the law and for our tax dollars to stop underwriting this barbaric abortion business.”

Planned Parenthood contends that if offers a wide range of services, and further countered that tissue donations for scientific research do happen, but that reimbursements are only for their expenses.  From CNN: The group also says it helps people donate tissue "with full, appropriate consent from patients and under the highest  ethical and legal standards," according to a statement from spokesman Eric Ferrero. Later, Ferrero issued another statement saying: 

"These outrageous claims are flat-out untrue, but that doesn't matter to politicians with a longstanding political agenda to ban abortion and defund Planned Parenthood. Women and families who make the decision to donate fetal tissue for lifesaving scientific research should be honored, not attacked and demeaned."

Media:

Summary by Eric Revell
(Photo Credit: Flickr u
ser Mattie B)

AKA

Born-Alive Abortion Survivors Protection Act

Official Title

To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.

    If you don't try to save the new-born, it's called murder. However, abortion also equals murder, so where's the difference?
    Like (42)
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    This "what if" scenario has never actually happened. This bill is a red herring meant only to chip away at a woman's right to choose weather or not to have an abortion.
    Like (299)
    Follow
    Share
    Only 1.2% of abortions occur after 21 weeks, and fetuses are not viable outside the womb before about 24 weeks. Of these very few abortions after 21 weeks, many have defects incompatible with life, and it is a heart wrenching decision for the mother to terminate what would be a painful and short life. These women deserve better than the non-medical opinions of legislators. It is absolutely selfish to impose your opinion on a situation you know nothing about.
    Like (245)
    Follow
    Share
    Abortions that happen late enough in a pregnancy to make live birth possible are done because there is something physically wrong with the fetus that makes sustaining life impossible. In the unlikely event that a baby is born alive after an attempted abortion, the doctors and family should certainly be able to fight for that child's life if it is a medically sound decision to do so, but families should not be forced into costly and pointless procedures that only prolong the physical pain of the child and the emotional pain of the family.
    Like (147)
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    This is a red herring. It is so absurd that arguing against it begs all rational argument.
    Like (70)
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    As a medical professional this is ridiculous. Most of you Republicans don't want government interference well this would be interference. If a fetus is aborted it's not survivable if it's spontaneous or not. Let us medical professionals practice and stay out of what you know nothing about!
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    Leave women & their doctors alone. Concentrate on getting a timely budget out, expanding Medicare for all, investigating Russia-trump collusion amid all the other things you should be doing.
    Like (55)
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    This is propaganda pushed by the altright.
    Like (43)
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    This is not a real thing. It's a bullshit attack on women's health. The hypocrisy of wanting to get rid of the EPA in the name of deregulation and in the same breath want to regulate the most intimate functions of women's bodies is astonishing. This congress is a sick joke.
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    The rights of the mother always trump the rights of the fetus. Imagine if we punished men for using condoms, since they are depriving a potential person their "right to life".
    Like (32)
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    This doesn't even really happen, this bill is 100% pure posturing. But the Democrats are the ones doing "unnecessary regulations" sure.
    Like (28)
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    This situation has never occurred.
    Like (27)
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    No evidence this happens. Just another bill to ban abortion
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    This is another attack on women's rights
    Like (27)
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    These seems fairly straightforward, everyone deserves the Right to Life, its declared in the UN UDHR and has been declared in the Declaration of Independence, documents that Americans and Citizens of the World hold dear. If in the horrible case that an abortion takes place, and that the subject of that abortion survives their murder, that they should at least be entitled the right to live at that point. I'd rather that this scenario never occurs, but if it does, it is the obligation of a healthcare provider to provide for its patients, by denying that baby that has survived through so much in its short life, is wrong and they should be punished. Doctors have ethics, and I'm pretty sure let a patient die in cold blood is not in their code.
    Like (26)
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    Any abortion is a decision between a woman and her doctor and whoever she chooses to include in that decision. Period. Doesn't matter what the reason is. Those stating "life begins at conception" are personal belief systems that should not be enforced through policy, which in essence forces other's beliefs on everyone. Stop it.
    Like (25)
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    This is the dumbest thing I've heard today.
    Like (24)
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    Punish Planned Parenthood! They should be saving children, not making money selling body parts. Abortion is murder!
    Like (23)
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    No need for this legislation; this is prely partisan politics.
    Like (21)
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    What's next, forcing a woman to carry a non viable fetus to term? Because that's the slippery slope this is dragging us down.
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