,,ii ,calendar ,no4 #cfb #aagth ,,congress #b;d ,session ,s4 #dacb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #c1 #bjbb,mr4 ,blumenthal introduced the following bill2 which was read the first time ,may #d1 #bjbb,read the second time and placed on the calendar ,a ,,bill ,to protect a person's ability to determine whether to continue or end a pregnancy1 and to protect a health care provider's ability to provide abortion services4 #a4 ,short title ,this ,act may be cited as the ,women's ,health ,protection ,act of #bjbb4 #b4 ,definitions ,in this ,act3 7#a7 ,abortion services ,the term abortion services means an abortion and any medical or non-medical services related to and provided in conjunction with an abortion 7whether or not provided at the same time or on the same day as the abortion74 7#b7 ,government ,the term government includes each branch1 department1 agency1 instrumentality1 and official of the ,united ,states or a ,state4 7#c7 ,health care provider ,the term health care provider means any entity or individual 7including any physician1 certified nurse-midwife1 nurse practitioner1 and physician assistant7 that-- 7,a7 is engaged or seeks to engage in the delivery of health care services1 including abortion services1 and 7,b7 if required by law or regulation to be licensed or certified to engage in the delivery of such services-- 7i7 is so licensed or certified1 or 7ii7 would be so licensed or certified but for their past1 present1 or potential provision of abortion services permitted by section #c4 7#d7 ,medically comparable procedure ,the term medically comparable procedures means medical procedures that are similar in terms of health and safety risks to the patient1 complexity1 or the clinical setting that is indicated4 7#e7 ,pregnancy ,the term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg4 7#f7 ,state ,the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and each territory and possession of the ,united ,states1 and any subdivision of any of the foregoing1 including any unit of local government1 such as a county1 city1 town1 village1 or other general purpose political subdivision of a ,state4 7#g7 ,viability ,the term viability means the point in a pregnancy at which1 in the good-faith medical judgment of the treating health care provider1 based on the particular facts of the case before the health care provider1 there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support4 #c4 ,permitted services 7a7 ,general ,rule ,a health care provider has a statutory right under this ,act to provide abortion services1 and may provide abortion services1 and that provider's patient has a corresponding right to receive such services1 without any of the following limitations or requirements3 7#a7 ,a requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services1 unless generally required for the provision of medically comparable procedures4 7#b7 ,a requirement that the same health care provider who provides abortion services also perform specified tests1 services1 or procedures prior to or subsequent to the abortion4 7#c7 ,a requirement that a health care provider offer or provide the patient seeking abortion services medically inaccurate information in advance of or during abortion services4 7#d7 ,a limitation on a health care provider's ability to prescribe or dispense drugs based on current evidence-based regimens or the provider's good-faith medical judgment1 other than a limitation generally applicable to the medical profession4 7#e7 ,a limitation on a health care provider's ability to provide abortion services via telemedicine1 other than a limitation generally applicable to the provision of medical services via telemedicine4 7#f7 ,a requirement or limitation concerning the physical plant1 equipment1 staffing1 or hospital transfer arrangements of facilities where abortion services are provided1 or the credentials or hospital privileges or status of personnel at such facilities1 that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed4 7#g7 ,a requirement that1 prior to obtaining an abortion1 a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services4 7#h7 ,a prohibition on abortion at any point or points in time prior to fetal viability1 including a prohibition or restriction on a particular abortion procedure4 7#i7 ,a prohibition on abortion after fetal viability when1 in the good-faith medical judgment of the treating health care provider1 continuation of the pregnancy would pose a risk to the pregnant patient's life or health4 7#aj7 ,a limitation on a health care provider's ability to provide immediate abortion services when that health care provider believes1 based on the good-faith medical judgment of the provider1 that delay would pose a risk to the patient's health4 7#aa7 ,a requirement that a patient seeking abortion services at any point or points in time prior to fetal viability disclose the patient's reason or reasons for seeking abortion services1 or a limitation on the provision or obtaining of abortion services at any point or points in time prior to fetal viability based on any actual1 perceived1 or potential reason or reasons of the patient for obtaining abortion services1 regardless of whether the limitation is based on a health care provider's degree of actual or constructive knowledge of such reason or reasons4 7b7 ,other ,limitations or ,requirements ,the statutory right specified in subsection 7a7 shall not be limited or otherwise infringed through1 in addition to the limitations and requirements specified in paragraphs 7#a7 through 7#aa7 of subsection 7a71 any limitation or requirement that-- 7#a7 is the same as or similar to one or more of the limitations or requirements described in subsection 7a72 or 7#b7 both-- 7,a7 expressly1 effectively1 implicitly1 or as implemented singles out the provision of abortion services1 health care providers who provide abortion services1 or facilities in which abortion services are provided2 and 7,b7 impedes access to abortion services4 7c7 ,factors ,for ,consideration ,factors a court may consider in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection 7b77#b77;,b7 include the following3 7#a7 ,whether the limitation or requirement1 in a provider's good-faith medical judgment1 interferes with a health care provider's ability to provide care and render services1 or poses a risk to the patient's health or safety4 7#b7 ,whether the limitation or requirement is reasonably likely to delay or deter some patients in accessing abortion services4 7#c7 ,whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services 7including costs associated with travel1 childcare1 or time off work74 7#d7 ,whether the limitation or requirement is reasonably likely to have the effect of necessitating a trip to the offices of a health care provider that would not otherwise be required4 7#e7 ,whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given ,state or geographic region4 7#f7 ,whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act1 or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act4 7#g7 ,the cumulative impact of the limitation or requirement combined with other new or existing limitations or requirements4 7d7 ,exception ,to defend against a claim that a limitation or requirement violates a health care provider's or patient's statutory rights under subsection 7b71 a party must establish1 by clear and convincing evidence1 that-- 7#a7 the limitation or requirement significantly advances the safety of abortion services or the health of patients2 and 7#b7 the safety of abortion services or the health of patients cannot be advanced by a less restrictive alternative measure or action4 #d4 ,applicability and preemption 7a7 ,in general 7#a7 ,except as stated under subsection 7b71 this ,act supersedes and applies to the law of the ,federal ,government and each ,state government1 and the implementation of such law1 whether statutory1 common law1 or otherwise1 and whether adopted before or after the date of enactment of this ,act1 and neither the ,federal ,government nor any ,state government shall administer1 implement1 or enforce any law1 rule1 regulation1 standard1 or other provision having the force and effect of law that conflicts with any provision of this ,act1 notwithstanding any other provision of ,federal law1 including the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq474 7#b7 ,federal statutory law adopted after the date of the enactment of this ,act is subject to this ,act unless such law explicitly excludes such application by reference to this ,act4 7b7 ,limitations ,the provisions of this ,act shall not supersede or apply to-- 7#a7 laws regulating physical access to clinic entrances2 7#b7 insurance or medical assistance coverage of abortion services2 7#c7 the procedure described in section #aeca7;b77#a7 of title #ah1 ,united ,states ,code2 or 7#d7 generally applicable ,state contract law4 7c7 ,defense ,in any cause of action against an individual or entity who is subject to a limitation or requirement that violates this ,act1 in addition to the remedies specified in section #g1 this ,act shall also apply to1 and may be raised as a defense by1 such an individual or entity4 #e4 ,effective date ,this ,act shall take effect immediately upon the date of enactment of this ,act4 ,this ,act shall apply to all restrictions on the provision of1 or access to1 abortion services whether the restrictions are enacted or imposed prior to or after the date of enactment of this ,act1 except as otherwise provided in this ,act4 #f4 ,rules of construction 7a7 ,in ,general ,in interpreting the provisions of this ,act1 a court shall liberally construe such provisions to effectuate the purposes of the ,act4 7b7 ,rule of ,construction ,nothing in this ,act shall be construed to authorize any government to interfere with a person's ability to terminate a pregnancy1 to diminish or in any way negatively affect a person's constitutional right to terminate a pregnancy1 or to displace any other remedy for violations of the constitutional right to terminate a pregnancy4 7c7 ,other ,individuals ,considered as ,government ,officials ,any person who1 by operation of a provision of ,federal or ,state law1 is permitted to implement or enforce a limitation or requirement that violates section #c of this ,act shall be considered a government official for purposes of this ,act4 #g4 ,enforcement 7a7 ,attorney ,general ,the ,attorney ,general may commence a civil action on behalf of the ,united ,states against any ,state that violates1 or against any government official 7including a person described in section #f7;c77 that implements or enforces a limitation or requirement that violates1 section #c4 ,the court shall hold unlawful and set aside the limitation or requirement if it is in violation of this ,act4 7b7 ,private ,right of ,action 7#a7 ,in general ,any individual or entity1 including any health care provider or patient1 adversely affected by an alleged violation of this ,act1 may commence a civil action against any ,state that violates1 or against any government official 7including a person described in section #f7;c77 that implements or enforces a limitation or requirement that violates1 section #c4 ,the court shall hold unlawful and set aside the limitation or requirement if it is in violation of this ,act4 7#b7 ,health care provider ,a health care provider may commence an action for relief on its own behalf1 on behalf of the provider's staff1 and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of this ,act4 7c7 ,equitable ,relief ,in any action under this section1 the court may award appropriate equitable relief1 including temporary1 preliminary1 or permanent injunctive relief4 7d7 ,costs ,in any action under this section1 the court shall award costs of litigation1 as well as reasonable attorney's fees1 to any prevailing plaintiff4 ,a plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section4 7e7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over proceedings under this ,act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law4 7f7 ,abrogation of ,state ,immunity ,neither a ,state that enforces or maintains1 nor a government official 7including a person described in section #f7;c77 who is permitted to implement or enforce any limitation or requirement that violates section #c shall be immune under the ,tenth ,amendment to the ,constitution of the ,united ,states1 the ,eleventh ,amendment to the ,constitution of the ,united ,states1 or any other source of law1 from an action in a ,federal or ,state court of competent jurisdiction challenging that limitation or requirement4 #h4 ,severability ,if any provision of this ,act1 or the application of such provision to any person1 entity1 government1 or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 or the application of such provision to all other persons1 entities1 governments1 or circumstances1 shall not be affected thereby4 ,may #d1 #bjbb,read the second time and placed on the calendar