II 

114TH CONGRESS 

1ST SESSION S. 217 

To protect a woman’s right to determine whether and when to bear a child 

or end a pregnancy by limiting restrictions on the provision of abortion 

services. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 21, 2015 

Mr. BLUMENTHAL (for himself, Ms. BALDWIN, Mrs. BOXER, Mrs. MURRAY, 

Mr. SCHATZ, Ms. HIRONO, Mr. WHITEHOUSE, Mr. SANDERS, Mr. SCHUMER, Mrs. GILLIBRAND, Ms. CANTWELL, Mr. MURPHY, Mr. BROWN, Ms. 

WARREN, Mr. TESTER, Mr. MENENDEZ, Mr. HEINRICH, Mr. COONS, Mr. 

MARKEY, Mr. MERKLEY, Mrs. SHAHEEN, Ms. MIKULSKI, Mr. BOOKER, 

Mrs. FEINSTEIN, Ms. STABENOW, Mr. WYDEN, Mr. FRANKEN, Ms. KLOBUCHAR, Mr. CARDIN, Mrs. MCCASKILL, Mr. DURBIN, Mr. PETERS, and 

Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To protect a woman’s right to determine whether and when 

to bear a child or end a pregnancy by limiting restrictions on the provision of abortion services. 

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 ‘‘Women’s Health Pro5 tection Act of 2015’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 217 IS

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Access to safe, legal abortion services is es4 sential to women’s health and central to women’s 

5 ability to participate equally in the economic and so6 cial life of the United States. 

7 (2) Access to safe, legal abortion services has 

8 been hindered in the United States in various ways, 

9 including blockades of health care facilities and asso10 ciated violence; restrictions on insurance coverage; 

11 restrictions on minors’ ability to obtain services; and 

12 requirements and restrictions that single out abor13 tion providers and those seeking their services, and 

14 which do not further women’s health or the safety 

15 of abortion, but harm women by reducing the avail16 ability of services. 

17 (3) In the early 1990s, protests and blockades 

18 at health care facilities where abortions were per19 formed, and associated violence, increased dramati20 cally and reached crisis level, requiring Congres21 sional action. Congress passed the Freedom of Ac22 cess to Clinic Entrances Act (Public Law 103–259) 

23 to address that situation and ensure that women 

24 could physically access abortion services. 

25 (4) Since 2010, there has been an equally dra26 matic increase in the number of laws and regulations 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 217 IS

1 singling out abortion that threaten women’s health 

2 and their ability to access safe abortion services by 

3 interfering with health care professionals’ ability to 

4 provide such services. Congressional action is now 

5 necessary to put an end to these restrictions. In ad6 dition, there has been a dramatic increase in the 

7 passage of laws that blatantly violate the constitu8 tional protections afforded women, such as bans on 

9 abortion prior to viability. 

10 (5) Legal abortion is one of the safest medical 

11 procedures in the United States. That safety is 

12 furthered by regulations that are based on science 

13 and are generally applicable to the medical profes14 sion or to medically comparable procedures. 

15 (6) Many State and local governments are im16 posing restrictions on the provision of abortion that 

17 are neither science-based nor generally applicable to 

18 the medical profession or to medically comparable 

19 procedures. Though described by their proponents as 

20 health and safety regulations, many of these abor21 tion-specific restrictions do not advance the safety of 

22 abortion services and do nothing to protect women’s 

23 health. Also, these restrictions interfere with wom24 en’s personal and private medical decisions, make 

25 access to abortion more difficult and costly, and 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 217 IS

1 even make it impossible for some women to obtain 

2 those services. 

3 (7) These restrictions harm women’s health by 

4 reducing access not only to abortion services but also 

5 to the other essential health care services offered by 

6 the providers targeted by the restrictions, including 

7 contraceptive services, which reduce unintended 

8 pregnancies and thus abortions, and screenings for 

9 cervical cancer and sexually transmitted infections. 

10 These harms fall especially heavily on low-income 

11 women, women of color, and women living in rural 

12 and other medically underserved areas. 

13 (8) The cumulative effect of these numerous re14 strictions has been widely varying access to abortion 

15 services such that a woman’s ability to exercise her 

16 constitutional rights is dependent on the State in 

17 which she lives. Federal legislation putting a stop to 

18 harmful restrictions throughout the United States is 

19 necessary to ensure that women in all States have 

20 access to safe abortion services, an essential con21 stitutional right repeatedly affirmed by the United 

22 States Supreme Court. 

23 (9) Congress has the authority to protect wom24 en’s ability to access abortion services pursuant to 

25 its powers under the Commerce Clause and its powVerDate Sep 11 2014 04:43 Jan 25, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S217.IH S217

rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 217 IS

1 ers under section 5 of the Fourteenth Amendment to 

2 the Constitution to enforce the provisions of section 

3 1 of the Fourteenth Amendment. 

4 (b) PURPOSE.—It is the purpose of this Act to pro5 tect women’s health by ensuring that abortion services will 

6 continue to be available and that abortion providers are 

7 not singled out for medically unwarranted restrictions that 

8 harm women by preventing them from accessing safe abor9 tion services. It is not the purpose of this Act to address 

10 all threats to access to abortion (for example, this Act does 

11 not apply to clinic violence, restrictions on insurance or 

12 medical assistance coverage of abortion, or requirements 

13 for parental consent or notification before a minor may 

14 obtain an abortion) which Congress should address 

15 through separate legislation as appropriate. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 any medical treatment, including the prescription of 

20 medication, intended to cause the termination of a 

21 pregnancy except for the purpose of increasing the 

22 probability of a live birth, to remove an ectopic preg23 nancy, or to remove a dead fetus. 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•S 217 IS

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

2 provider’’ means a health care professional who per3 forms abortions. 

4 (3) GOVERNMENT.—The term ‘‘government’’ 

5 includes a branch, department, agency, instrumen6 tality, or individual acting under color of law of the 

7 United States, a State, or a subdivision of a State. 

8 (4) HEALTH CARE PROFESSIONAL.—The term 

9 ‘‘health care professional’’ means a licensed medical 

10 professional (including physicians, certified nurse11 midwives, nurse practitioners, and physician assist12 ants) who is competent to perform abortions based 

13 on clinical training. 

14 (5) MEDICALLY COMPARABLE PROCEDURES.— 

15 The term ‘‘medically comparable procedures’’ means 

16 medical procedures that are similar in terms of risk, 

17 complexity, duration, or the degree of sterile pre18 caution that is indicated. 

19 (6) PREGNANCY.—The term ‘‘pregnancy’’ refers 

20 to the period of the human reproductive process be21 ginning with the implantation of a fertilized egg. 

22 (7) STATE.—The term ‘‘State’’ includes each of 

23 the 50 States, the District of Columbia, the Com24 monwealth of Puerto Rico, and each territory or pos25 session of the United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•S 217 IS

1 (8) VIABILITY.—The term ‘‘viability’’ means 

2 the point in a pregnancy at which, in the good-faith 

3 medical judgment of the treating health care profes4 sional, based on the particular facts of the case be5 fore her or him, there is a reasonable likelihood of 

6 sustained fetal survival outside the uterus with or 

7 without artificial support. 

8 SEC. 4. PROHIBITED MEASURES AND ACTIONS. 

9 (a) GENERAL PROHIBITIONS.—The following limita10 tions or requirements are unlawful and shall not be im11 posed or applied by any government because they single 

12 out the provision of abortion services for restrictions that 

13 are more burdensome than those restrictions imposed on 

14 medically comparable procedures, they do not significantly 

15 advance women’s health or the safety of abortion services, 

16 and they make abortion services more difficult to access: 

17 (1) A requirement that a medical professional 

18 perform specific tests or medical procedures in con19 nection with the provision of an abortion, unless 

20 generally required for the provision of medically 

21 comparable procedures. 

22 (2) A requirement that the same clinician who 

23 performs a patient’s abortion also perform specified 

24 tests, services or procedures prior, or subsequent, to 

25 the abortion. 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•S 217 IS

1 (3) A limitation on an abortion provider’s abil2 ity to prescribe or dispense drugs based on current 

3 evidence-based regimens or her or his good-faith 

4 medical judgment, other than a limitation generally 

5 applicable to the medical profession. 

6 (4) A limitation on an abortion provider’s abil7 ity to provide abortion services via telemedicine, 

8 other than a limitation generally applicable to the 

9 provision of medical services via telemedicine. 

10 (5) A requirement or limitation concerning the 

11 physical plant, equipment, staffing, or hospital 

12 transfer arrangements of facilities where abortions 

13 are performed, or the credentials or hospital privi14 leges or status of personnel at such facilities, that is 

15 not imposed on facilities or the personnel of facilities 

16 where medically comparable procedures are per17 formed. 

18 (6) A requirement that, prior to obtaining an 

19 abortion, a patient make one or more medically un20 necessary in-person visits to the provider of abortion 

21 services or to any individual or entity that does not 

22 provide abortion services. 

23 (7) A requirement or limitation that prohibits 

24 or restricts medical training for abortion procedures, 

25 other than a requirement or limitation generally apVerDate Sep 11 2014 04:43 Jan 25, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S217.IH S217

rfrederick on DSK6VPTVN1PROD with BILLS
9 

•S 217 IS

1 plicable to medical training for medically comparable 

2 procedures. 

3 (b) OTHER PROHIBITED MEASURES OR ACTIONS.— 

4 (1) IN GENERAL.—A measure or action that 

5 applies to and restricts the provision of abortion 

6 services or the facilities that provide abortion serv7 ices that is similar to any of the prohibited limita8 tions or requirements described in subsection (a) 

9 shall be unlawful if such measure or action singles 

10 out abortion services or makes abortion services 

11 more difficult to access and does not significantly 

12 advance women’s health or the safety of abortion 

13 services. 

14 (2) PRIMA FACIE CASE.—To make a prima 

15 facie showing that a measure or action is unlawful 

16 under paragraph (1) a plaintiff shall demonstrate 

17 that the measure or action involved— 

18 (A) singles out the provision of abortion 

19 services or facilities in which abortion services 

20 are performed; or 

21 (B) impedes women’s access to abortion 

22 services based on one or more of the factors de23 scribed in paragraph (3). 

24 (3) FACTORS.—Factors for a court to consider 

25 in determining whether a measure or action impedes 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•S 217 IS

1 access to abortion services for purposes of paragraph 

2 (2)(B) include the following: 

3 (A) Whether the measure or action inter4 feres with an abortion provider’s ability to pro5 vide care and render services in accordance with 

6 her or his good-faith medical judgment. 

7 (B) Whether the measure or action is rea8 sonably likely to delay some women in accessing 

9 abortion services. 

10 (C) Whether the measure or action is rea11 sonably likely to directly or indirectly increase 

12 the cost of providing abortion services or the 

13 cost for obtaining abortion services (including 

14 costs associated with travel, childcare, or time 

15 off work). 

16 (D) Whether the measure or action re17 quires, or is reasonably likely to have the effect 

18 of necessitating, a trip to the offices of the 

19 abortion provider that would not otherwise be 

20 required. 

21 (E) Whether the measure or action is rea22 sonably likely to result in a decrease in the 

23 availability of abortion services in the State. 

24 (F) Whether the measure or action im25 poses criminal or civil penalties that are not imVerDate Sep 11 2014 04:43 Jan 25, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S217.IH S217

rfrederick on DSK6VPTVN1PROD with BILLS
11 

•S 217 IS

1 posed on other health care professionals for 

2 comparable conduct or failure to act or that are 

3 harsher than penalties imposed on other health 

4 care professionals for comparable conduct or 

5 failure to act. 

6 (G) The cumulative impact of the measure 

7 or action combined with other new or existing 

8 requirements or restrictions. 

9 (4) DEFENSE.—A measure or action shall be 

10 unlawful under this subsection upon making a prima 

11 facie case (as provided for under paragraph (2)), un12 less the defendant establishes, by clear and con13 vincing evidence, that— 

14 (A) the measure or action significantly ad15 vances the safety of abortion services or the 

16 health of women; and 

17 (B) the safety of abortion services or the 

18 health of women cannot be advanced by a less 

19 restrictive alternative measure or action. 

20 (c) OTHER PROHIBITIONS.—The following restric21 tions on the performance of abortion are unlawful and 

22 shall not be imposed or applied by any government: 

23 (1) A prohibition or ban on abortion prior to 

24 fetal viability. 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•S 217 IS

1 (2) A prohibition on abortion after fetal viabil2 ity when, in the good-faith medical judgment of the 

3 treating physician, continuation of the pregnancy 

4 would pose a risk to the pregnant woman’s life or 

5 health. 

6 (3) A restriction that limits a pregnant wom7 an’s ability to obtain an immediate abortion when a 

8 health care professional believes, based on her or his 

9 good-faith medical judgment, that delay would pose 

10 a risk to the woman’s health. 

11 (4) A measure or action that prohibits or re12 stricts a woman from obtaining an abortion prior to 

13 fetal viability based on her reasons or perceived rea14 sons or that requires a woman to state her reasons 

15 before obtaining an abortion prior to fetal viability. 

16 (d) LIMITATION.—The provisions of this Act shall 

17 not apply to laws regulating physical access to clinic en18 trances, requirements for parental consent or notification 

19 before a minor may obtain an abortion, insurance or med20 ical assistance coverage of abortion, or the procedure de21 scribed in section 1531(b)(1) of title 18, United States 

22 Code. 

23 (e) EFFECTIVE DATE.—This Act shall apply to gov24 ernment restrictions on the provision of abortion services, 

25 whether statutory or otherwise, whether they are enacted 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•S 217 IS

1 or imposed prior to or after the date of enactment of this 

2 Act. 

3 SEC. 5. LIBERAL CONSTRUCTION. 

4 (a) LIBERAL CONSTRUCTION.—In interpreting the 

5 provisions of this Act, a court shall liberally construe such 

6 provisions to effectuate the purposes of the Act. 

7 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

8 shall be construed to authorize any government to inter9 fere with a woman’s ability to terminate her pregnancy, 

10 to diminish or in any way negatively affect a woman’s con11 stitutional right to terminate her pregnancy, or to displace 

12 any other remedy for violations of the constitutional right 

13 to terminate a pregnancy. 

14 SEC. 6. ENFORCEMENT. 

15 (a) ATTORNEY GENERAL.—The Attorney General 

16 may commence a civil action for prospective injunctive re17 lief on behalf of the United States against any government 

18 official that is charged with implementing or enforcing any 

19 restriction that is challenged as unlawful under this Act. 

20 (b) PRIVATE RIGHT OF ACTION.— 

21 (1) IN GENERAL.—Any individual or entity ag22 grieved by an alleged violation of this Act may com23 mence a civil action for prospective injunctive relief 

24 against the government official that is charged with 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•S 217 IS

1 implementing or enforcing the restriction that is 

2 challenged as unlawful under this Act. 

3 (2) FACILITY OR PROFESSIONAL.—A health 

4 care facility or medical professional may commence 

5 an action for prospective injunctive relief on behalf 

6 of the facility’s or professional’s patients who are or 

7 may be adversely affected by an alleged violation of 

8 this Act. 

9 (c) EQUITABLE RELIEF.—In any action under this 

10 section, the court may award appropriate equitable relief, 

11 including temporary, preliminary, or permanent injunctive 

12 relief. 

13 (d) COSTS.—In any action under this section, the 

14 court shall award costs, as well as reasonable attorneys’ 

15 fees, to any prevailing plaintiff. A plaintiff shall not be 

16 liable to a defendant for costs in an action under this sec17 tion. 

18 (e) JURISDICTION.—The district courts of the United 

19 States shall have jurisdiction over proceedings commenced 

20 pursuant to this section and shall exercise the same with21 out regard to whether the party aggrieved shall have ex22 hausted any administrative or other remedies that may be 

23 provided for by law. 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•S 217 IS

1 SEC. 7. PREEMPTION. 

2 No State or subdivision thereof shall enact or enforce 

3 any law, rule, regulation, standard, or other provision hav4 ing the force and effect of law that conflicts with any pro5 vision of this Act. 

6 SEC. 8. SEVERABILITY. 

7 If any provision of this Act, or the application of such 

8 provision to any person or circumstance, is held to be un9 constitutional, the remainder of this Act, or the applica10 tion of such provision to all other persons or cir11 cumstances, shall not be affected thereby. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS