,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fjgg ,,in ,,the ,,house ,,of ,,representatives ,march #d1 #bjbj,mrs4 ,hartzler introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to ensure that women seeking an abortion are notified1 before giving informed consent to receive an abortion1 of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child4 #a4 ,short title ,this ,act may be cited as the ,woman's ,right ,to ,know ,act4 #b4 ,requirement of informed consent 7a7 ,in general 7#a7 ,requirement of compliance by providers ,any abortion provider1 acting in or affecting interstate or foreign commerce1 who knowingly performs1 or attempts to perform1 any abortion shall comply with the requirements of this section4 7#b7 ,review of medical risks and unborn health status ,an abortion provider who intends to perform1 or attempt to perform1 an abortion may not perform any part of the abortion procedure without first obtaining a signed ,informed ,consent ,authorization form in accordance with this subsection4 7#c7 ,informed consent authorization form 7,a7 ,in general ,the ,informed ,consent ,authorization form required under this subsection shall-- 7i7 be presented in person by the abortion provider #bd hours prior to performing1 or attempting to perform1 the abortion to the woman seeking the abortion2 and 7ii7 consist of-- 7,i7 a statement by the abortion provider indicating-- 7aa7 the probable gestational age1 in completed days1 of the child2 7bb7 all medical risks associated with the specific abortion procedure2 and 7cc7 the major developmental characteristics of unborn children at such gestational age1 including the presence of a heartbeat1 the ability to react to painful stimuli1 and the development of organs1 appendages1 and facial features2 7,,ii7 a statement that the requirements of this subsection are binding upon the abortion provider and all other medical personnel1 that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements1 and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed2 and 7,,iii7 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 form4 7,b7 ,signatories required ,the ,informed ,consent ,authorization form required under this subsection shall be signed in person by the woman seeking the abortion1 the abortion provider performing or attempting to perform the abortion1 and a witness4 7,c7 ,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 file4 7,d7 ,requirement for data retention ,paragraph 7j77#b7 of section #afd4ecj of title #de1 ,code of ,federal ,regulations1 shall apply to the ,informed ,consent ,authorization form required to be placed in a patient's medical file pursuant to subparagraph 7,c7 in the same manner and to the same extent as such paragraph applies to documentation required by paragraph 7j77#a7 of such section4 7#d7 ,exceptions ,the requirements of this subsection shall not apply if1 in reasonable medical judgment1 compliance with paragraph 7#b7 would pose a greater risk of-- 7,a7 the death of the pregnant woman2 or 7,b7 the substantial and irreversible physical impairment of a major bodily function1 not including psychological or emotional conditions1 of the pregnant woman4 7b7 ,penalty for failure ,to comply 7#a7 ,civil penalty 7,a7 ,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 7a74 7,b7 ,penalty ,in a civil action under subparagraph 7,a71 the court may1 to vindicate the public interest1 assess a civil penalty against the abortion provider in an amount-- 7i7 not less than #ajj1jjj and not more than #aej1jjj1 for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection2 or 7ii7 not less than #aej1jja and not more than #bej1jjj1 for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection4 7,c7 ,notification ,upon the assessment of a civil penalty under subparagraph 7,b71 the ,attorney ,general shall notify the appropriate ,state medical licensing authority4 7,d7 ,no penalties for pregnant women ,a pregnant woman shall not be subject to any penalty under this section4 7#b7 ,private right of action 7,a7 ,in general ,a woman or a parent of a minor upon whom an abortion has been performed in violation of subsection 7a7 may commence a civil action against the abortion provider for appropriate relief4 7,b7 ,appropriate relief ,appropriate relief in a civil action under this paragraph includes-- 7i7 objectively verifiable money damages for all injuries1 psychological and physical1 occasioned by the violation2 7ii7 statutory damages equal to #c times the cost of the abortion2 and 7iii7 punitive damages4 7,c7 ,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 paragraph4 7,d7 ,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 frivolous1 the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff4 7,e7 ,awards against woman ,in any civil action under this paragraph1 no damages or other monetary relief1 and no attorney's fees except as provided under subparagraph 7,d71 may be assessed against the woman upon whom the abortion was performed or attempted4 7c7 ,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 establishes1 implements1 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 ,act4 7d7 ,rule of construction ,nothing in this ,act shall be construed to prohibit an abortion provider from presenting the information required under subsection 7a7 to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with ,state law1 provided that the presentation of such information occurs at least #bd hours before the abortion4 7e7 ,definitions ,in this section3 7#a7 ,abortion ,the term abortion means the use or prescription of any instrument1 medicine1 drug1 or any other substance or device-- 7,a7 to intentionally kill the unborn child of a woman known to be pregnant2 or 7,b7 to intentionally terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7i7 after viability to produce a live birth and preserve the life and health of the child born alive2 or 7ii7 to remove a dead unborn child4 7#b7 ,abortion provider ,the term abortion provider means a person-- 7,a7 licensed to practice medicine and surgery or osteopathic medicine and surgery2 or 7,b7 otherwise legally authorized to perform an abortion4 7#c7 ,attempt ,the term attempt1 with respect to an abortion1 means conduct that1 under the circumstances as the actor believes them to be1 constitutes a substantial step in a course of conduct planned to culminate in performing an abortion4 7#d7 ,minor ,the term minor means an individual who has not attained the age of #ah years4 7#e7 ,perform ,the term perform1 with respect to an abortion1 includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion4 7#f7 ,reasonable medical judgment ,the term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider1 knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved4 7#g7 ,unborn child ,the term unborn child means an individual organism of the species homo sapiens1 beginning at fertilization1 until the point of being born alive as defined in section #h7;b7 of title #a1 ,united ,states ,code4 7#h7 ,woman ,the term woman means a female human being whether or not she has reached the age of majority4