II 

Calendar No. 362 

117TH CONGRESS 

2D SESSION S. 4132 

To protect a person’s ability to determine whether to continue or end a 

pregnancy, and to protect a health care provider’s ability to provide 

abortion services. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2022 

Mr. BLUMENTHAL introduced the following bill; which was read the first time 

MAY 4, 2022 

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 pregnancy, and to protect a health care 

provider’s ability to provide 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 2022’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ABORTION SERVICES.—The term ‘‘abortion 

2 services’’ means an abortion and any medical or 

3 non-medical services related to and provided in con4 junction with an abortion (whether or not provided 

5 at the same time or on the same day as the abor6 tion). 

7 (2) GOVERNMENT.—The term ‘‘government’’ 

8 includes each branch, department, agency, instru9 mentality, and official of the United States or a 

10 State. 

11 (3) HEALTH CARE PROVIDER.—The term 

12 ‘‘health care provider’’ means any entity or indi13 vidual (including any physician, certified nurse-mid14 wife, nurse practitioner, and physician assistant) 

15 that— 

16 (A) is engaged or seeks to engage in the 

17 delivery of health care services, including abor18 tion services, and 

19 (B) if required by law or regulation to be 

20 licensed or certified to engage in the delivery of 

21 such services— 

22 (i) is so licensed or certified, or 

23 (ii) would be so licensed or certified 

24 but for their past, present, or potential 


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1 provision of abortion services permitted by 

2 section 3. 

3 (4) MEDICALLY COMPARABLE PROCEDURE.— 

4 The term ‘‘medically comparable procedures’’ means 

5 medical procedures that are similar in terms of 

6 health and safety risks to the patient, complexity, or 

7 the clinical setting that is indicated. 

8 (5) PREGNANCY.—The term ‘‘pregnancy’’ refers 

9 to the period of the human reproductive process be10 ginning with the implantation of a fertilized egg. 

11 (6) STATE.—The term ‘‘State’’ includes the 

12 District of Columbia, the Commonwealth of Puerto 

13 Rico, and each territory and possession of the 

14 United States, and any subdivision of any of the 

15 foregoing, including any unit of local government, 

16 such as a county, city, town, village, or other general 

17 purpose political subdivision of a State. 

18 (7) VIABILITY.—The term ‘‘viability’’ means 

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

20 medical judgment of the treating health care pro21 vider, based on the particular facts of the case be22 fore the health care provider, there is a reasonable 

23 likelihood of sustained fetal survival outside the 

24 uterus with or without artificial support. 


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1 SEC. 3. PERMITTED SERVICES. 

2 (a) GENERAL RULE.—A health care provider has a 

3 statutory right under this Act to provide abortion services, 

4 and may provide abortion services, and that provider’s pa5 tient has a corresponding right to receive such services, 

6 without any of the following limitations or requirements: 

7 (1) A requirement that a health care provider 

8 perform specific tests or medical procedures in con9 nection with the provision of abortion services, un10 less generally required for the provision of medically 

11 comparable procedures. 

12 (2) A requirement that the same health care 

13 provider who provides abortion services also perform 

14 specified tests, services, or procedures prior to or 

15 subsequent to the abortion. 

16 (3) A requirement that a health care provider 

17 offer or provide the patient seeking abortion services 

18 medically inaccurate information in advance of or 

19 during abortion services. 

20 (4) A limitation on a health care provider’s abil21 ity to prescribe or dispense drugs based on current 

22 evidence-based regimens or the provider’s good-faith 

23 medical judgment, other than a limitation generally 

24 applicable to the medical profession. 

25 (5) A limitation on a health care provider’s abil26 ity to provide abortion services via telemedicine, 


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1 other than a limitation generally applicable to the 

2 provision of medical services via telemedicine. 

3 (6) A requirement or limitation concerning the 

4 physical plant, equipment, staffing, or hospital 

5 transfer arrangements of facilities where abortion 

6 services are provided, or the credentials or hospital 

7 privileges or status of personnel at such facilities, 

8 that is not imposed on facilities or the personnel of 

9 facilities where medically comparable procedures are 

10 performed. 

11 (7) A requirement that, prior to obtaining an 

12 abortion, a patient make one or more medically un13 necessary in-person visits to the provider of abortion 

14 services or to any individual or entity that does not 

15 provide abortion services. 

16 (8) A prohibition on abortion at any point or 

17 points in time prior to fetal viability, including a 

18 prohibition or restriction on a particular abortion 

19 procedure. 

20 (9) A prohibition on abortion after fetal viabil21 ity when, in the good-faith medical judgment of the 

22 treating health care provider, continuation of the 

23 pregnancy would pose a risk to the pregnant pa24 tient’s life or health. 


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1 (10) A limitation on a health care provider’s 

2 ability to provide immediate abortion services when 

3 that health care provider believes, based on the 

4 good-faith medical judgment of the provider, that 

5 delay would pose a risk to the patient’s health. 

6 (11) A requirement that a patient seeking abor7 tion services at any point or points in time prior to 

8 fetal viability disclose the patient’s reason or reasons 

9 for seeking abortion services, or a limitation on the 

10 provision or obtaining of abortion services at any 

11 point or points in time prior to fetal viability based 

12 on any actual, perceived, or potential reason or rea13 sons of the patient for obtaining abortion services, 

14 regardless of whether the limitation is based on a 

15 health care provider’s degree of actual or construc16 tive knowledge of such reason or reasons. 

17 (b) OTHER LIMITATIONS OR REQUIREMENTS.—The 

18 statutory right specified in subsection (a) shall not be lim19 ited or otherwise infringed through, in addition to the limi20 tations and requirements specified in paragraphs (1) 

21 through (11) of subsection (a), any limitation or require22 ment that— 

23 (1) is the same as or similar to one or more of 

24 the limitations or requirements described in sub25 section (a); or 


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1 (2) both— 

2 (A) expressly, effectively, implicitly, or as 

3 implemented singles out the provision of abor4 tion services, health care providers who provide 

5 abortion services, or facilities in which abortion 

6 services are provided; and 

7 (B) impedes access to abortion services. 

8 (c) FACTORS FOR CONSIDERATION.—Factors a court 

9 may consider in determining whether a limitation or re10 quirement impedes access to abortion services for purposes 

11 of subsection (b)(2)(B) include the following: 

12 (1) Whether the limitation or requirement, in a 

13 provider’s good-faith medical judgment, interferes 

14 with a health care provider’s ability to provide care 

15 and render services, or poses a risk to the patient’s 

16 health or safety. 

17 (2) Whether the limitation or requirement is 

18 reasonably likely to delay or deter some patients in 

19 accessing abortion services. 

20 (3) Whether the limitation or requirement is 

21 reasonably likely to directly or indirectly increase the 

22 cost of providing abortion services or the cost for ob23 taining abortion services (including costs associated 

24 with travel, childcare, or time off work). 


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1 (4) Whether the limitation or requirement is 

2 reasonably likely to have the effect of necessitating 

3 a trip to the offices of a health care provider that 

4 would not otherwise be required. 

5 (5) Whether the limitation or requirement is 

6 reasonably likely to result in a decrease in the avail7 ability of abortion services in a given State or geo8 graphic region. 

9 (6) Whether the limitation or requirement im10 poses penalties that are not imposed on other health 

11 care providers for comparable conduct or failure to 

12 act, or that are more severe than penalties imposed 

13 on other health care providers for comparable con14 duct or failure to act. 

15 (7) The cumulative impact of the limitation or 

16 requirement combined with other new or existing 

17 limitations or requirements. 

18 (d) EXCEPTION.—To defend against a claim that a 

19 limitation or requirement violates a health care provider’s 

20 or patient’s statutory rights under subsection (b), a party 

21 must establish, by clear and convincing evidence, that— 

22 (1) the limitation or requirement significantly 

23 advances the safety of abortion services or the health 

24 of patients; and 


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1 (2) the safety of abortion services or the health 

2 of patients cannot be advanced by a less restrictive 

3 alternative measure or action. 

4 SEC. 4. APPLICABILITY AND PREEMPTION. 

5 (a) IN GENERAL.— 

6 (1) Except as stated under subsection (b), this 

7 Act supersedes and applies to the law of the Federal 

8 Government and each State government, and the im9 plementation of such law, whether statutory, com10 mon law, or otherwise, and whether adopted before 

11 or after the date of enactment of this Act, and nei12 ther the Federal Government nor any State govern13 ment shall administer, implement, or enforce any 

14 law, rule, regulation, standard, or other provision 

15 having the force and effect of law that conflicts with 

16 any provision of this Act, notwithstanding any other 

17 provision of Federal law, including the Religious 

18 Freedom Restoration Act of 1993 (42 U.S.C. 

19 2000bb et seq.). 

20 (2) Federal statutory law adopted after the 

21 date of the enactment of this Act is subject to this 

22 Act unless such law explicitly excludes such applica23 tion by reference to this Act. 

24 (b) LIMITATIONS.—The provisions of this Act shall 

25 not supersede or apply to— 


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1 (1) laws regulating physical access to clinic en2 trances; 

3 (2) insurance or medical assistance coverage of 

4 abortion services; 

5 (3) the procedure described in section 

6 1531(b)(1) of title 18, United States Code; or 

7 (4) generally applicable State contract law. 

8 (c) DEFENSE.—In any cause of action against an in9 dividual or entity who is subject to a limitation or require10 ment that violates this Act, in addition to the remedies 

11 specified in section 7, this Act shall also apply to, and 

12 may be raised as a defense by, such an individual or entity. 

13 SEC. 5. EFFECTIVE DATE. 

14 This Act shall take effect immediately upon the date 

15 of enactment of this Act. This Act shall apply to all re16 strictions on the provision of, or access to, abortion serv17 ices whether the restrictions are enacted or imposed prior 

18 to or after the date of enactment of this Act, except as 

19 otherwise provided in this Act. 

20 SEC. 6. RULES OF CONSTRUCTION. 

21 (a) IN GENERAL.—In interpreting the provisions of 

22 this Act, a court shall liberally construe such provisions 

23 to effectuate the purposes of the Act. 

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

25 shall be construed to authorize any government to interVerDate Sep 11 2014 01:13 May 05, 2022 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4132.PCS S4132

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1 fere with a person’s ability to terminate a pregnancy, to 

2 diminish or in any way negatively affect a person’s con3 stitutional right to terminate a pregnancy, or to displace 

4 any other remedy for violations of the constitutional right 

5 to terminate a pregnancy. 

6 (c) OTHER INDIVIDUALS CONSIDERED AS GOVERN7 MENT OFFICIALS.—Any person who, by operation of a 

8 provision of Federal or State law, is permitted to imple9 ment or enforce a limitation or requirement that violates 

10 section 3 of this Act shall be considered a government offi11 cial for purposes of this Act. 

12 SEC. 7. ENFORCEMENT. 

13 (a) ATTORNEY GENERAL.—The Attorney General 

14 may commence a civil action on behalf of the United 

15 States against any State that violates, or against any gov16 ernment official (including a person described in section 

17 6(c)) that implements or enforces a limitation or require18 ment that violates, section 3. The court shall hold unlawful 

19 and set aside the limitation or requirement if it is in viola20 tion of this Act. 

21 (b) PRIVATE RIGHT OF ACTION.— 

22 (1) IN GENERAL.—Any individual or entity, in23 cluding any health care provider or patient, ad24 versely affected by an alleged violation of this Act, 

25 may commence a civil action against any State that 


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1 violates, or against any government official (includ2 ing a person described in section 6(c)) that imple3 ments or enforces a limitation or requirement that 

4 violates, section 3. The court shall hold unlawful and 

5 set aside the limitation or requirement if it is in vio6 lation of this Act. 

7 (2) HEALTH CARE PROVIDER.—A health care 

8 provider may commence an action for relief on its 

9 own behalf, on behalf of the provider’s staff, and on 

10 behalf of the provider’s patients who are or may be 

11 adversely affected by an alleged violation of this Act. 

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

13 section, the court may award appropriate equitable relief, 

14 including temporary, preliminary, or permanent injunctive 

15 relief. 

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

17 court shall award costs of litigation, as well as reasonable 

18 attorney’s fees, to any prevailing plaintiff. A plaintiff shall 

19 not be liable to a defendant for costs or attorney’s fees 

20 in any non-frivolous action under this section. 

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

22 States shall have jurisdiction over proceedings under this 

23 Act and shall exercise the same without regard to whether 

24 the party aggrieved shall have exhausted any administra25 tive or other remedies that may be provided for by law. 


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1 (f) ABROGATION OF STATE IMMUNITY.—Neither a 

2 State that enforces or maintains, nor a government official 

3 (including a person described in section 6(c)) who is per4 mitted to implement or enforce any limitation or require5 ment that violates section 3 shall be immune under the 

6 Tenth Amendment to the Constitution of the United 

7 States, the Eleventh Amendment to the Constitution of 

8 the United States, or any other source of law, from an 

9 action in a Federal or State court of competent jurisdic10 tion challenging that limitation or requirement. 

11 SEC. 8. SEVERABILITY. 

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

13 provision to any person, entity, government, or cir14 cumstance, is held to be unconstitutional, the remainder 

15 of this Act, or the application of such provision to all other 

16 persons, entities, governments, or circumstances, shall not 

17 be affected thereby. 


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Calendar No. 362 

117TH CONGRESS 

2D SESSION S. 4132 

A BILL 

To protect a person’s ability to determine whether 

tion services. a health care provider’s ability to provide aborto continue or end a pregnancy, and to protect 

MAY 4, 2022 

Read the second time and placed on the calendar 


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