{"bills":[{"photos":{"featured":"https://assets.countable.us/bill/photo/s311-116/featured_born-alive-abortion-survivors-protection-act-1550609314.jpg","featured_large":"https://assets.countable.us/bill/photo/s311-116/featured_large_born-alive-abortion-survivors-protection-act-1550609314.jpg","shareable":"https://n.countable.us/share-images/bills/s311-116.png"},"introduced_on":"2019-01-31","title_override":"Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions","summary_override":"

This bill would require healthcare providers to provide “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 the infant to a hospital. If a healthcare provider fails to comply with these requirements they could be punished with fines or up to five years in prison, or be tried for murder if their actions lead to the death of a born alive infant. 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 healthcare provider, or employee of a physician’s office, hospital, or abortion clinic knows about a failure to comply with the requirements established by this bill, they would be legally responsible for reporting the incident to a state or federal law enforcement agency.

Women who give birth to born alive infants could file civil suits against healthcare providers and could be awarded:

Compensation for physical and psychological injury;
Statutory damages for up to three times the cost of the abortion or attempted abortion; and
Punitive damages.

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

This legislation would take effect one day after its enactment.

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Punishing Healthcare Providers For Not Trying to Save Infants Who Survive Attempted Abortions