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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5731 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5731

 To prohibit Federal assistance for telemedicine abortions and to ban 
          interstate abortions using telemedicine technology.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2012

Mr. King of Iowa (for himself, Mr. Smith of New Jersey, Mr. Pitts, Mr. 
     Jones, Mr. Hultgren, Mr. Huizenga of Michigan, Mr. Murphy of 
   Pennsylvania, Mr. Lankford, Mr. Gohmert, Mr. Canseco, Mr. Ross of 
   Florida, Mr. Landry, Mr. Lipinski, Mrs. Myrick, Mrs. Schmidt, Mr. 
    Benishek, Mrs. Hartzler, Mr. Johnson of Ohio, Mr. McHenry, Mr. 
 Southerland, Mr. Duncan of South Carolina, Mr. Huelskamp, Mr. Pearce, 
  Mr. Manzullo, Mr. Cole, Mr. Fleischmann, Mr. DesJarlais, Mr. Roe of 
 Tennessee, Mr. Neugebauer, Mr. Schweikert, Mrs. Ellmers, Mr. Garrett, 
  Mr. Flores, Mr. Harris, Mrs. Black, Mr. Jordan, Mr. Marchant, Mrs. 
  Blackburn, Mr. Bartlett, Mr. Scott of South Carolina, Mr. Brady of 
 Texas, Mrs. Bachmann, Mr. Fleming, Mr. Miller of Florida, Mr. Kelly, 
  Mr. McCotter, Mr. Lamborn, and Mr. Broun of Georgia) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Agriculture, Energy and Commerce, 
 and Natural Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To prohibit Federal assistance for telemedicine abortions and to ban 
          interstate abortions using telemedicine technology.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telemedicine Safety Act''.

SEC. 2. PROHIBITION OF FEDERAL ASSISTANCE FOR TELEMEDICINE ABORTIONS.

    Title 1, United States Code, is amended by adding at the end the 
following new chapter:

    ``CHAPTER 4--PROHIBITION ON PROVISION OF FUNDS TO PROVIDERS OF 
        TELEMEDICINE SERVICES WHO PROVIDE TELEMEDICINE ABORTIONS

``301. Prohibition on funds provided to providers of telemedicine 
                            services who provide telemedicine 
                            abortions.
``Sec. 301. Prohibition on funds to facilitate telemedicine abortions
    ``(a) No funds made available under a telemedicine law (as defined 
in subsection (c)) may be used for telemedicine abortions or for 
assistance to facilities that offer telemedicine abortions.
    ``(b) No equipment, infrastructure, or other items purchased using 
funds made available under a telemedicine law may be used for 
telemedicine abortions.
    ``(c) In this section:
            ``(1) The term `telemedicine abortion' has the meaning 
        given such term in section 1842(a) of title 18, United States 
        Code.
            ``(2) The term `telemedicine law' means any of the 
        following provisions of law insofar as each relates to 
        telemedicine services (as defined in such section 1842(a)):
                    ``(A) Chapter 1 of subtitle D of title XXIII of the 
                Food, Agriculture, Conservation, and Trade Act of 1990 
                (7 U.S.C. 950aaa et seq.).
                    ``(B) Section 254(h)(1)(A) of the Communications 
                Act of 1934 (47 U.S.C. 254(h)(1)(A)).
                    ``(C) Sections 201 and 518 of the Indian Health 
                Care Improvement Act (25 U.S.C. 1621, 1660h).
                    ``(D) Sections 3011 and 3012 of the Public Health 
                Service Act (42 U.S.C. 300jj-31, 300jj-32).
                    ``(E) Sections 330A-1, 330D, 330F, 330G, 330H, 
                330I, 330K, and 330L of the Public Health Service Act 
                (42 U.S.C. 254c-1a, 254c-4, 254c-6, 254c-7, 254c-8, 
                254c-9, 254c-16, 254c-18).''.

SEC. 3. PROHIBITION OF INTERSTATE TELEMEDICINE ABORTIONS.

    (a) In General.--Chapter 90 of title 18, United States Code, is 
amended by inserting after section 1841 the following:

``SEC. 1842. PROHIBITION OF INTERSTATE TELEMEDICINE ABORTIONS.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Telemedicine abortion.--The term `telemedicine 
        abortion' means the use by a health professional of 
        telemedicine services to prescribe, dispense, procure, 
        administer, or otherwise provide any instrument, medicine, 
        drug, or any other substance, device, or method to terminate 
        the life of an unborn child, or to terminate the pregnancy of a 
        woman who is pregnant, without such health professional 
        conducting an in-person medical examination of such woman 
        during her current pregnancy, with an intention other than--
                    ``(A) to produce a live birth and preserve the life 
                and health of the child after live birth; or
                    ``(B) to remove an ectopic pregnancy, or to remove 
                a dead unborn child who died as the result of a 
                spontaneous abortion, accidental trauma, or a criminal 
                assault on the pregnant female or her unborn child.
            ``(2) Telemedicine services.--The term `telemedicine 
        services' means a telecommunications link to an end user 
        through the use of equipment that electronically links patients 
        and health professionals at separate sites in order to exchange 
        health care information in audio, video, graphic, or other 
        format for the purpose of providing health care services.
            ``(3) In-person.--The term `in-person' in the same room and 
        in the physical presence of the woman.
    ``(b) Ban on Interstate Abortions Using Telemedicine Technology.--
Whoever knowingly provides a telemedicine abortion across State lines 
shall be fined under this title or imprisoned not more than 1 year, or 
both.''.
    (b) Technical Amendment.--The table of sections for chapter 90 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1841 the following:

``1842. Prohibition of interstate telemedicine abortions.''.
                                 <all>
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