Pregnant Women Health and Safety Act of 2023

To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes. 1. Short title This Act may be cited as the Pregnant Women Health and Safety Act of 2023 2. Requirement for physicians relating to the performance of abortions (a) In general Chapter 74 (1) in the chapter heading by striking Partial-Birth (2) by inserting after section 1531 the following: 1532. Prohibition on certain procedures (a) Definition In this section, the term physician (b) Requirements A physician who performs an abortion shall— (1) have admitting privileges at a hospital located within 15 miles from the principal medical office of the physician and the location in which the abortion is being performed; and (2) at the time of the abortion, notify the patient involved of the hospital location where the patient can receive follow-up care by the physician if complications resulting from the abortion arise. (c) Offense It shall be unlawful for a physician, in or affecting interstate or foreign commerce, to knowingly perform an abortion and, in doing so, fail to comply with subsection (b). (d) Penalty Any physician who violates subsection (c) shall be fined under this title, imprisoned not more than 2 years, or both. (e) Limitation A woman upon whom a procedure described in subsection (c) is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. . (b) Technical and conforming amendments (1) Chapter 74 The table of sections for such chapter is amended by inserting after the item relating to section 1531 the following: 1532. Prohibition on certain procedures. . (2) Part I The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following: 74. Abortions 1531 . 3. Requirement of abortion clinics (a) In general Subject to subsection (b), as a condition for receiving any Federal funds or assistance, an abortion clinic shall— (1) be licensed by the State in which it is located; and (2) be in compliance with the requirements for ambulatory surgery centers under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (b) Waiver For purposes of complying with subsection (a)(2) with respect to an abortion clinic, a State board of health may waive the application of certain structural requirements (as the Secretary of Health and Human Services determines appropriate). (c) Definition In this section, the term abortion clinic

Summary: Pregnant Women Health and Safety Act of 2023 This bill establishes requirements for physicians who perform abortions and abortion clinics. Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise. A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted. The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers.