Born-Alive Abortion Survivors Protection Act
Sponsored by Ann Wagner
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
Jan 25, 2023
This bill establishes medical care requirements for children born alive following an abortion or attempted abortion. Health care practitioners present must provide the same degree of care as would be given to any other child born at the same gestational age and ensure immediate hospital admission. Health care practitioners and employees who know of failures to meet these requirements must report them to law enforcement. Violations are subject to criminal penalties including fines and up to five years in prison. Intentional killing of a child born alive can be prosecuted as murder. The bill prohibits criminal prosecution of the child's mother but allows her to pursue civil action against practitioners or employees for violations.
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Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.