other than a limitation generally applicable to the 
provision of medical services via telemedicine. 
(5) A requirement or limitation concerning the 
physical plant, equipment, staffing, or hospital 
transfer arrangements of facilities where abortions 
are performed, or the credentials or hospital privi-
leges or status of personnel at such facilities, that is 
not imposed on facilities or the personnel of facilities 
where medically comparable procedures are per-
formed. 
(6) A requirement that, prior to obtaining an 
abortion, a patient make one or more medically un-
necessary in-person visits to the provider of abortion 
services or to any individual or entity that does not 
provide abortion services. 
(7) A requirement or limitation that prohibits 
or restricts medical training for abortion procedures, 
other than a requirement or limitation generally ap-
plicable to medical training for medically comparable 
procedures. 
(b) OTHER PROHIBITED MEASURES OR ACTIONS.— 
(1) IN GENERAL.—A measure or action that 
applies to and restricts the provision of abortion 
services or the facilities that provide abortion serv-
ices that is similar to any of the prohibited limita-
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tions or requirements described in subsection (a) 
shall be unlawful if such measure or action singles 
out abortion services or make abortion services more 
difficult to access and does not significantly advance 
women’s health or the safety of abortion services. 
(2) PRIMA
FACIE
CASE.—To make a prima 
facie showing that a measure or action is unlawful 
under paragraph (1) a plaintiff shall demonstrate 
that the measure or action involved— 
(A) singles out the provision of abortion 
services or facilities in which abortion services 
are performed; or 
(B) impedes women’s access to abortion 
services based on one or more of the factors de-
scribed in paragraph (3). 
(3) FACTORS.—Factors for a court to consider 
in determining whether a measure or action impedes 
access to abortion services for purposes of paragraph 
(2)(B) include the following: 
(A) Whether the measure or action inter-
feres with an abortion provider’s ability to pro-
vide care and render services in accordance with 
her or his good-faith medical judgment. 
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(B) Whether the measure or action is rea-
sonably likely to delay some women in accessing 
abortion services. 
(C) Whether the measure or action is rea-
sonably likely to directly or indirectly increase 
the cost of providing abortion services or the 
cost for obtaining abortion services (including 
costs associated with travel, childcare, or time 
off work). 
(D) Whether the measure or action re-
quires, or is reasonably likely to have the effect 
of necessitating, a trip to the offices of the 
abortion provider that would not otherwise be 
required. 
(E) Whether the measure or action is rea-
sonably likely to result in a decrease in the 
availability of abortion services in the State. 
(F) Whether the measure or action im-
poses criminal or civil penalties that are not im-
posed on other health care professionals for 
comparable conduct or failure to act or that are 
harsher than penalties imposed on other health 
care professionals for comparable conduct or 
failure to act. 
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(G) The cumulative impact of the measure 
or action combined with other new or existing 
requirements or restrictions. 
(4) DEFENSE.—A measure or action shall be 
unlawful under this subsection upon making a prima 
facie case (as provided for under paragraph (2)), un-
less the defendant establishes, by clear and con-
vincing evidence, that— 
(A) the measure or action significantly ad-
vances the safety of abortion services or the 
health of women; and 
(B) the safety of abortion services or the 
health of women cannot be advanced by a less 
restrictive alternative measure or action. 
(c) OTHER PROHIBITIONS.—The following restric-
tions on the performance of abortion are unlawful and 
shall not be imposed or applied by any government: 
(1) A prohibition or ban on abortion prior to 
fetal viability, including a prohibition, ban, or re-
striction on a particular abortion procedure, subject 
to subsection (d). 
(2) A prohibition on abortion after fetal viabil-
ity when, in the good-faith medical judgment of the 
treating physician, continuation of the pregnancy 
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would pose a risk to the pregnant woman’s life or 
health. 
(3) A restriction that limits a pregnant wom-
an’s ability to obtain an immediate abortion when a 
health care professional believes, based on her or his 
good-faith medical judgment, that delay would pose 
a risk to the woman’s health. 
(4) A measure or action that prohibits or re-
stricts a woman from obtaining an abortion prior to 
fetal viability based on her reasons or perceived rea-
sons or that requires a woman to state her reasons 
before obtaining an abortion prior to fetal viability. 
(d) LIMITATION.—The provisions of this Act shall 
not apply to laws regulating physical access to clinic en-
trances, requirements for parental consent or notification 
before a minor may obtain an abortion, insurance or med-
ical assistance coverage of abortion, or the procedure de-
scribed in section 1531(b)(1) of title 18, United States 
Code. 
(e) EFFECTIVE DATE.—This Act shall apply to gov-
ernment restrictions on the provision of abortion services, 
whether statutory or otherwise, whether they are enacted 
or imposed prior to or after the date of enactment of this 
Act. 
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SEC. 5. LIBERAL CONSTRUCTION. 
(a) LIBERAL CONSTRUCTION.—In interpreting the 
provisions of this Act, a court shall liberally construe such 
provisions to effectuate the purposes of the Act. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to authorize any government to inter-
fere with a woman’s ability to terminate her pregnancy, 
to diminish or in any way negatively affect a woman’s con-
stitutional right to terminate her pregnancy, or to displace 
any other remedy for violations of the constitutional right 
to terminate a pregnancy. 
SEC. 6. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may commence a civil action for prospective injunctive re-
lief on behalf of the United States against any government 
official that is charged with implementing or enforcing any 
restriction that is challenged as unlawful under this Act. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—Any individual or entity ag-
grieved by an alleged violation of this Act may com-
mence a civil action for prospective injunctive relief 
against the government official that is charged with 
implementing or enforcing the restriction that is 
challenged as unlawful under this Act. 
(2) FACILITY
OR
PROFESSIONAL.—A health 
care facility or medical professional may commence 
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an action for prospective injunctive relief on behalf 
of the facility’s or professional’s patients who are or 
may be adversely affected by an alleged violation of 
this Act. 
(c) EQUITABLE RELIEF.—In any action under this 
section, the court may award appropriate equitable relief, 
including temporary, preliminary, or permanent injunctive 
relief. 
(d) COSTS.—In any action under this section, the 
court shall award costs of litigation, as well as reasonable 
attorney fees, to any prevailing plaintiff. A plaintiff shall 
not be liable to a defendant for costs in an action under 
this section. 
(e) JURISDICTION.—The district courts of the United 
States shall have jurisdiction over proceedings commenced 
pursuant to this section and shall exercise the same with-
out regard to whether the party aggrieved shall have ex-
hausted any administrative or other remedies that may be 
provided for by law. 
SEC. 7. PREEMPTION. 
No State or subdivision thereof shall enact or enforce 
any law, rule, regulation, standard, or other provision hav-
ing the force and effect of law that conflicts with any pro-
vision of this Act. 
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SEC. 8. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held to be un-
constitutional, the remainder of this Act, or the applica-
tion of such provision to all other persons or cir-
cumstances, shall not be affected thereby. 
Æ 
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