mobile, or virtual)) or individual (including any phy-
sician, certified nurse-midwife, nurse practitioner, 
advanced practice clinician, registered nurse, phar-
macist, or physician assistant) that— 
(A) is engaged or seeks to engage in the 
delivery of health care services, including abor-
tion services; and 
(B) if required by law or regulation to be 
licensed or certified to engage in the delivery of 
such services— 
(i) is so licensed or certified; or 
(ii) would be so licensed or certified 
but for their past, present, or potential 
provision of abortion services protected by 
section 5. 
(4) MEDICALLY COMPARABLE PROCEDURES.— 
The term ‘‘medically comparable procedures’’ means 
medical procedures that are similar, on the basis of 
the established clinical practice guidelines consistent 
with medical evidence, in terms of health and safety 
risks to the patient, complexity, or the clinical set-
ting that is indicated. 
(5) PREGNANCY.—The term ‘‘pregnancy’’ refers 
to the period of the human reproductive process be-
ginning with the implantation of a fertilized egg. 
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(6) STATE.—The term ‘‘State’’ includes the 
District of Columbia, the Commonwealth of Puerto 
Rico, and each territory and possession of the 
United States, and any subdivision of any of the 
foregoing, including any unit of local government, 
such as a county, city, town, village, or other general 
purpose political subdivision of a State. 
(7) VIABILITY.—The term ‘‘viability’’ means 
the point in a pregnancy at which, in the good-faith 
medical judgment of the treating health care pro-
vider, and based on the particular facts of the case 
before the health care provider, there is a reasonable 
likelihood of sustained fetal survival outside the 
uterus with or without artificial support. 
SEC. 5. PROTECTED ACTIVITIES AND SERVICES. 
(a) GENERAL RULES.— 
(1) PRE-VIABILITY.—A health care provider has 
a right under this Act to provide such abortion serv-
ices, and a patient has a corresponding right under 
this Act to terminate a pregnancy prior to viability, 
without being subject to any of the following limita-
tions or requirements: 
(A) A prohibition on abortion prior to via-
bility, including a prohibition or restriction on 
a particular abortion procedure or method, or a 
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prohibition on providing or obtaining such abor-
tions. 
(B) A limitation on a health care pro-
vider’s ability to prescribe or dispense drugs 
that could be used for reproductive health pur-
poses based on current evidence-based regimens 
or the provider’s good-faith medical judgment, 
or a limitation on a patient’s ability to receive 
or use such drugs, other than a limitation gen-
erally applicable to the prescription, dispensing, 
or distribution of drugs. 
(C) A limitation on a health care provider’s 
ability to provide, or a patient’s ability to re-
ceive, abortion services via telemedicine, other 
than a limitation generally applicable to the 
provision of medically comparable services via 
telemedicine. 
(D) A limitation or prohibition on a pa-
tient’s ability to receive, or a provider’s ability 
to provide, abortion services in a State based on 
the State of residency of the patient, or a prohi-
bition or limitation on the ability of any indi-
vidual to assist or support a patient seeking 
abortion. 
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(E) A requirement that a health care pro-
vider perform specific tests or medical proce-
dures in connection with the provision of abor-
tion services (including prior to or subsequent 
to the abortion), unless such tests or procedures 
are standard to established clinical practice 
guidelines consistent with medical evidence per-
taining to abortion services. 
(F) A requirement that a health care pro-
vider offer or provide a patient seeking abortion 
services medically inaccurate information that is 
not compatible with established clinical practice 
guidelines. 
(G) A limitation or requirement concerning 
the physical plant, equipment, staffing, or hos-
pital transfer arrangements of facilities where 
abortion services are provided, or the creden-
tials or hospital privileges or status of personnel 
at such facilities, that is not imposed on facili-
ties or the personnel of facilities where medi-
cally comparable procedures are performed. 
(H) A requirement that, prior to obtaining 
an abortion, a patient make one or more medi-
cally unnecessary in-person visits to the pro-
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vider of abortion services or to any individual or 
entity that does not provide abortion services. 
(I) A limitation on a health care provider’s 
ability to provide immediate abortion services 
when that health care provider believes, based 
on the good-faith medical judgment of the pro-
vider, that delay would pose a risk to the pa-
tient’s life or health. 
(J) A requirement that a patient seeking 
abortion services at any point or points in time 
prior to viability disclose the patient’s reason or 
reasons for seeking abortion services, or a limi-
tation on providing or obtaining abortion serv-
ices at any point or points in time prior to via-
bility based on any actual, perceived, or poten-
tial reason or reasons of the patient for obtain-
ing abortion services, regardless of whether the 
limitation is based on a health care provider’s 
actual or constructive knowledge of such reason 
or reasons. 
(2) POST-VIABILITY.— 
(A) IN GENERAL.—A health care provider 
has a right under this Act to provide abortion 
services and a patient has a corresponding right 
under this Act to terminate a pregnancy after 
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viability when, in the good-faith medical judge-
ment of the treating health care provider, it is 
necessary to protect the life or health of the pa-
tient. This subparagraph shall not otherwise 
apply after viability. 
(B) 
ADDITIONAL
CIRCUMSTANCES.—A 
State may provide additional circumstances 
under which post-viability abortions are per-
mitted. 
(C) LIMITATION.—In the case where a ter-
mination of a pregnancy after viability, in the 
good-faith medical judgement of the treating 
health care provider, is necessary to protect the 
life or health of the patient, none of the limita-
tions or requirements described in paragraph 
(1) shall be imposed by law. 
(b) OTHER LIMITATIONS OR REQUIREMENTS.—The 
rights described in subsection (a) shall not be limited or 
otherwise infringed through any other limitation or re-
quirement that— 
(1) expressly, effectively, implicitly, or as imple-
mented, targets abortion, the provision of abortion 
services, individuals who seek abortion services or 
who provide assistance and support to those seeking 
abortion services, health care providers who provide 
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(5) Whether the limitation or requirement is 
reasonably likely to result in a decrease in the avail-
ability of abortion services in a given State or geo-
graphic region. 
(6) Whether the limitation or requirement im-
poses penalties that are not imposed on other health 
care providers for comparable conduct or failure to 
act, or that are more severe than penalties imposed 
on other health care providers for comparable con-
duct or failure to act. 
(7) The cumulative impact of the limitation or 
requirement combined with other limitations or re-
quirements. 
(d) EXCEPTION.—To defend against a claim that a 
limitation or requirement violates a health care provider’s 
or patient’s rights under subsection (b) a party must es-
tablish, by clear and convincing evidence, that the limita-
tion or requirement is essential to significantly advance 
the safety of abortion services or the health of patients 
and that the safety or health objective cannot be accom-
plished by a different means that does not interfere with 
the right protected under subsection (b). 
SEC. 6. PROTECTION OF THE RIGHT TO TRAVEL. 
A person has a fundamental right under the Con-
stitution of the United States and this Act to travel to 
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a State other than the person’s State of residence, includ-
ing to obtain reproductive health services such as prenatal, 
childbirth, fertility, and abortion services, and a person 
has a right under this Act to assist another person to ob-
tain such services or otherwise exercise the right described 
in this section. 
SEC. 7. APPLICABILITY AND PREEMPTION. 
(a) IN GENERAL.— 
(1) SUPERSEDING
INCONSISTENT
LAWS.—Ex-
cept as provided under subsection (b), this Act shall 
supersede any inconsistent Federal or State law, and 
the implementation of such law, whether statutory, 
common law, or otherwise, and whether adopted 
prior to or after the date of enactment of this Act. 
A Federal or State government official shall not ad-
minister, implement, or enforce any law, rule, regu-
lation, standard, or other provision having the force 
and effect of law that conflicts with any provision of 
this Act, notwithstanding any other provision of 
Federal law, including the Religious Freedom Res-
toration Act of 1993 (42 U.S.C. 2000bb et seq.). 
(2) LAWS AFTER DATE OF ENACTMENT.—Fed-
eral law enacted after the date of the enactment of 
this Act shall be subject to this Act unless such law 
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explicitly excludes such application by reference to 
this Act. 
(b) LIMITATIONS.—The provisions of this Act shall 
not supersede or apply to— 
(1) laws regulating physical access to clinic en-
trances, such as the Freedom of Access to Clinic En-
trances Act of 1994 (18 U.S.C. 248); 
(2) laws regulating insurance or medical assist-
ance coverage of abortion services; 
(3) 
the 
procedure 
described 
in 
section 
1531(b)(1) of title 18, United States Code; or 
(4) generally applicable State contract law. 
(c) PREEMPTION DEFENSE.—In any legal or admin-
istrative action against a person or entity who has exer-
cised or attempted to exercise a right protected by section 
5 or 6 or against any person or entity who has taken any 
step to assist any such person or entity in exercising such 
right, this Act shall also apply to, and may be raised as 
a defense by, such person or entity, in addition to the rem-
edies specified in section 9. 
SEC. 8. RULES OF CONSTRUCTION. 
(a) LIBERAL CONSTRUCTION BY COURTS.—In any 
action before a court under this Act, the court shall lib-
erally construe the provisions of this Act to effectuate the 
purposes of the Act. 
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(b) PROTECTION OF LIFE AND HEALTH.—Nothing 
in this Act shall be construed to authorize any government 
official to interfere with, diminish, or negatively affect a 
person’s ability to obtain or provide abortion services prior 
to viability, or after viability when, in the good-faith med-
ical judgment of the treating health care provider, continu-
ation of the pregnancy would pose a risk to the pregnant 
patient’s life or health. 
(c) GOVERNMENT OFFICIALS.—Any person who, by 
operation of a provision of Federal or State law, including 
through the grant of a private cause of action, is permitted 
to implement or enforce a limitation or requirement that 
violates section 5 or 6 shall be considered a government 
official for purposes of this Act. 
SEC. 9. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may commence a civil action on behalf of the United 
States in any district court of the United States against 
any State that violates, or against any government official 
(including a person described in section 8(c)) who imple-
ments or enforces a limitation or requirement that vio-
lates, section 5 or 6. The court shall declare unlawful the 
limitation or requirement if it is determined to be in viola-
tion of this Act. 
(b) PRIVATE RIGHT OF ACTION.— 
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(1) IN GENERAL.—Any individual or entity ad-
versely affected by an alleged violation of this Act, 
including any person or health care provider, may 
commence a civil action against any government offi-
cial (including a person described in section (c)) that 
implements or enforces a limitation or requirement 
that violates section 5 or 6. The court shall declare 
unlawful the limitation or requirement if it is deter-
mined to be in violation of this Act. 
(2) HEALTH CARE PROVIDER.—A health care 
provider may commence an action for relief on its 
own behalf, on behalf of the provider’s staff, and on 
behalf of the provider’s patients who are or may be 
adversely affected by an alleged violation of this Act. 
(c) 
PRE-ENFORCEMENT
CHALLENGES.—A 
suit 
under subsection (a) or (b) may be brought to prevent en-
forcement or implementation of a State limitation or re-
quirement that is inconsistent with section 5 or 6. 
(d) DECLARATORY
AND EQUITABLE RELIEF.—In 
any action under this section, the court may award appro-
priate declaratory and equitable relief, including tem-
porary, preliminary, or permanent injunctive relief. 
(e) COSTS.—In any action under this section, the 
court shall award costs of litigation, as well as reasonable 
attorney’s fees, to any prevailing plaintiff. A plaintiff shall 
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not be liable to a defendant for costs or attorney’s fees 
in any non-frivolous action under this section. 
(f) JURISDICTION.—The district courts of the United 
States shall have jurisdiction over proceedings under this 
Act and shall exercise the same without regard to whether 
the party aggrieved shall have exhausted any administra-
tive or other remedies that may be provided for by law. 
(g) ABROGATION OF STATE IMMUNITY.—Neither a 
State that enforces or maintains, nor a government official 
(including a person described in section 8(c)) who is per-
mitted to implement or enforce any limitation or require-
ment that violates section 5 or 6 shall be immune under 
the Tenth Amendment to the Constitution of the United 
States, the Eleventh Amendment to the Constitution of 
the United States, or any other source of law, from an 
action in a Federal or State court of competent jurisdic-
tion challenging that limitation or requirement, unless 
such immunity is required by clearly established Federal 
law, as determined by the Supreme Court of the United 
States. 
SEC. 10. EFFECTIVE DATE. 
This Act shall take effect upon the date of enactment 
of this Act. 
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SEC. 11. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person, entity, government, or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, or the application of such provision to all other 
persons, entities, governments, or circumstances, shall not 
be affected thereby. 
Æ 
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