II 

118TH CONGRESS 

2D SESSION S. 3609 

To ensure that women seeking an abortion are informed of the medical 

risks associated with the abortion procedure and the major developmental 

characteristics of the unborn child, before giving their informed consent 

to receive an abortion. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 18, 2024 

Mrs. BLACKBURN (for herself, Mr. BRAUN, Mr. DAINES, Mr. HAGERTY, Mr. 

LANKFORD, and Mr. RUBIO) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To ensure that women seeking an abortion are informed 

of the medical risks associated with the abortion procedure and the major developmental characteristics of the 

unborn child, before giving their informed consent to 

receive an abortion. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Woman’s Right To 

5 Know Act’’. 


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1 SEC. 2. REQUIREMENT OF INFORMED CONSENT. 

2 (a) IN GENERAL.— 

3 (1) REQUIREMENT OF COMPLIANCE BY PRO4 VIDERS.—Any abortion provider, acting in or affect5 ing interstate or foreign commerce, who knowingly 

6 performs, or attempts to perform, any abortion shall 

7 comply with the requirements of this section. 

8 (2) REVIEW OF MEDICAL RISKS AND UNBORN

9 HEALTH STATUS.—An abortion provider who intends 

10 to perform, or attempt to perform, an abortion may 

11 not perform any part of the abortion procedure with12 out first obtaining a signed Informed Consent Au13 thorization form in accordance with this subsection. 

14 (3) INFORMED CONSENT AUTHORIZATION

15 FORM.— 

16 (A) IN GENERAL.—The Informed Consent 

17 Authorization form required under this sub18 section shall— 

19 (i) be presented in person by the abor20 tion provider 24 hours prior to performing, 

21 or attempting to perform, the abortion to 

22 the woman seeking the abortion; and 

23 (ii) consist of— 

24 (I) a statement by the abortion 

25 provider indicating— 


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1 (aa) the probable gestational 

2 age, in completed days, of the 

3 child; 

4 (bb) all medical risks associ5 ated with the specific abortion 

6 procedure; and 

7 (cc) the major developmental 

8 characteristics of unborn children 

9 at such gestational age, including 

10 the presence of a heartbeat, the 

11 ability to react to painful stimuli, 

12 and the development of organs, 

13 appendages, and facial features; 

14 (II) a statement that the require15 ments of this subsection are binding 

16 upon the abortion provider and all 

17 other medical personnel, that such 

18 abortion providers and medical per19 sonnel are subject to criminal and 

20 civil penalties for violations of these 

21 requirements, and that a woman on 

22 whom an abortion has been performed 

23 may take civil action if these require24 ments are not followed; and 


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1 (III) an affirmation that each in2 dividual signing the Informed Consent 

3 Authorization form has filled out the 

4 form to the best of his or her knowl5 edge and understands the information 

6 contained in the form. 

7 (B) SIGNATORIES REQUIRED.—The In8 formed Consent Authorization form required 

9 under this subsection shall be signed in person 

10 by the woman seeking the abortion, the abor11 tion provider performing or attempting to per12 form the abortion, and a witness. 

13 (C) RETENTION OF CONSENT FORM.—The 

14 abortion provider performing or attempting to 

15 perform an abortion shall retain the signed In16 formed Consent Authorization form required 

17 under this subsection in the patient’s medical 

18 file. 

19 (D) REQUIREMENT FOR DATA RETEN20 TION.—Paragraph (j)(2) of section 164.530 of 

21 title 45, Code of Federal Regulations, shall 

22 apply to the Informed Consent Authorization 

23 form required to be placed in a patient’s med24 ical file pursuant to subparagraph (C) in the 

25 same manner and to the same extent as such 


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1 paragraph applies to documentation required by 

2 paragraph (j)(1) of such section. 

3 (4) EXCEPTIONS.—The requirements of this 

4 subsection shall not apply if, in reasonable medical 

5 judgment, compliance with paragraph (2) would pose 

6 a greater risk of— 

7 (A) the death of the pregnant woman; or 

8 (B) the substantial and irreversible phys9 ical impairment of a major bodily function, not 

10 including psychological or emotional conditions, 

11 of the pregnant woman. 

12 (b) PENALTY FOR FAILURE TO COMPLY.— 

13 (1) CIVIL PENALTY.— 

14 (A) ENFORCEMENT BY ATTORNEY GEN15 ERAL.—The Attorney General shall commence 

16 a civil action in an appropriate district court of 

17 the United States under this subsection against 

18 any abortion provider who knowingly commits a 

19 violation of subsection (a). 

20 (B) PENALTY.—In a civil action under 

21 subparagraph (A), the court may, to vindicate 

22 the public interest, assess a civil penalty against 

23 the abortion provider in an amount— 

24 (i) not less than $100,000 and not 

25 more than $150,000, for each such violaVerDate Sep 11 2014 02:15 Jan 25, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3609.IS S3609

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1 tion that is adjudicated in the first pro2 ceeding against such abortion provider 

3 under this subsection; or 

4 (ii) not less than $150,001 and not 

5 more than $250,000, for each such viola6 tion that is adjudicated in a subsequent 

7 proceeding against such abortion provider 

8 under this subsection. 

9 (C) NOTIFICATION.—Upon the assessment 

10 of a civil penalty under subparagraph (B), the 

11 Attorney General shall notify the appropriate 

12 State medical licensing authority. 

13 (D) NO PENALTIES FOR PREGNANT

14 WOMEN.—A pregnant woman shall not be sub15 ject to any penalty under this section. 

16 (2) PRIVATE RIGHT OF ACTION.— 

17 (A) IN GENERAL.—A woman or a parent 

18 of a minor upon whom an abortion has been 

19 performed in violation of subsection (a) may 

20 commence a civil action against the abortion 

21 provider for appropriate relief. 

22 (B) APPROPRIATE RELIEF.—Appropriate 

23 relief in a civil action under this paragraph in24 cludes— 


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1 (i) objectively verifiable money dam2 ages for all injuries, psychological and 

3 physical, occasioned by the violation; 

4 (ii) statutory damages equal to 3 

5 times the cost of the abortion; and 

6 (iii) punitive damages. 

7 (C) ATTORNEY’S FEES FOR PLAINTIFF.— 

8 The court shall award a reasonable attorney’s 

9 fee as part of the costs to a prevailing plaintiff 

10 in a civil action under this paragraph. 

11 (D) ATTORNEY’S FEES FOR DEFEND12 ANT.—If a defendant in a civil action under 

13 this paragraph prevails and the court finds that 

14 the plaintiff’s suit was frivolous, the court shall 

15 award a reasonable attorney’s fee in favor of 

16 the defendant against the plaintiff. 

17 (E) AWARDS AGAINST WOMAN.—In any 

18 civil action under this paragraph, no damages 

19 or other monetary relief, and no attorney’s fees 

20 except as provided under subparagraph (D), 

21 may be assessed against the woman upon whom 

22 the abortion was performed or attempted. 

23 (c) PREEMPTION.—Nothing in this Act or the amend24 ments made by this Act shall be construed to preempt any 

25 provision of State law to the extent that such State law 


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1 establishes, implements, or continues in effect disclosure 

2 requirements regarding abortion or penalties for failure to 

3 comply with such requirements that are more extensive 

4 than those provided under the amendment made by this 

5 Act. 

6 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

7 shall be construed to prohibit an abortion provider from 

8 presenting the information required under subsection (a) 

9 to a pregnant woman at the same time as acquiring in10 formed consent for an abortion from such woman in ac11 cordance with State law, provided that the presentation 

12 of such information occurs at least 24 hours before the 

13 abortion. 

14 (e) DEFINITIONS.—In this section: 

15 (1) ABORTION.—The term ‘‘abortion’’ means 

16 the use or prescription of any instrument, medicine, 

17 drug, or any other substance or device— 

18 (A) to intentionally kill the unborn child of 

19 a woman known to be pregnant; or 

20 (B) to intentionally terminate the preg21 nancy of a woman known to be pregnant, with 

22 an intention other than— 

23 (i) after viability to produce a live 

24 birth and preserve the life and health of 

25 the child born alive; or 


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1 (ii) to remove a dead unborn child. 

2 (2) ABORTION PROVIDER.—The term ‘‘abortion 

3 provider’’ means a person— 

4 (A) licensed to practice medicine and sur5 gery or osteopathic medicine and surgery; or 

6 (B) otherwise legally authorized to perform 

7 an abortion. 

8 (3) ATTEMPT.—The term ‘‘attempt’’, with re9 spect to an abortion, means conduct that, under the 

10 circumstances as the actor believes them to be, con11 stitutes a substantial step in a course of conduct 

12 planned to culminate in performing an abortion. 

13 (4) MINOR.—The term ‘‘minor’’ means an indi14 vidual who has not attained the age of 18 years. 

15 (5) PERFORM.—The term ‘‘perform’’, with re16 spect to an abortion, includes inducing an abortion 

17 through a medical or chemical intervention including 

18 writing a prescription for a drug or device intended 

19 to result in an abortion. 

20 (6) REASONABLE MEDICAL JUDGMENT.—The 

21 term ‘‘reasonable medical judgment’’ means a med22 ical judgment that would be made by a reasonably 

23 prudent abortion provider, knowledgeable about the 

24 case and the treatment possibilities with respect to 

25 the medical conditions involved. 


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1 (7) UNBORN CHILD.—The term ‘‘unborn child’’ 

2 means an individual organism of the species homo 

3 sapiens, beginning at fertilization, until the point of 

4 being born alive as defined in section 8(b) of title 1, 

5 United States Code. 

6 (8) WOMAN.—The term ‘‘woman’’ means a fe7 male human being whether or not she has reached 

8 the age of majority. 

Æ 


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