‘‘(2) ABORTION PROVIDER.—The term ‘abortion 
provider’ means any person legally qualified to per-
form an abortion under applicable Federal and State 
laws. 
‘‘(3) PAIN-CAPABLE UNBORN CHILD.— 
‘‘(A) IN GENERAL.—The term ‘pain-capa-
ble unborn child’ means an unborn child who 
has reached a probable stage of development of 
20 weeks or more after fertilization. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in subparagraph (A) shall be construed as a de-
termination or finding by Congress that pain 
may not in fact be experienced by an unborn 
child at stages of development prior to 20 weeks 
or more after fertilization. 
‘‘(4) PROBABLE AGE OF DEVELOPMENT.—The 
term ‘probable age of development’ means the dura-
tion of development after fertilization of the unborn 
child at the time an abortion is performed, as deter-
mined in the good faith judgment of the abortion 
provider using generally accepted medical criteria 
and information obtained by interviewing the preg-
nant woman. 
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‘‘(5) UNBORN CHILD.—The term ‘unborn child’ 
means a member of the species homo sapiens, at any 
stage of development. 
‘‘(6) WOMAN.—The term ‘woman’ means a fe-
male human being whether or not she has reached 
the age of majority. 
‘‘(7) 
UNEMANCIPATED
MINOR.—The 
term 
‘unemancipated minor’ means an individual who is 
not older than 18 years and who is not emancipated 
under State law. 
‘‘SEC. 2902. REQUIREMENT OF INFORMED CONSENT. 
‘‘(a) REQUIREMENT
OF
COMPLIANCE
BY
PRO-
VIDERS.—Any abortion provider in or affecting interstate 
or foreign commerce, who knowingly performs any abor-
tion of a pain-capable unborn child, shall comply with the 
requirements of this title. 
‘‘(b) PROVISION OF CONSENT.— 
‘‘(1) IN GENERAL.—Before any part of an abor-
tion involving a pain-capable unborn child begins, 
the abortion provider or his or her agent shall pro-
vide the pregnant woman involved, by telephone or 
in person, with the information described in para-
graph (2). It may not be provided by a tape record-
ing, but must be provided in a fashion that permits 
the woman to ask questions of and receive answers 
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from the abortion provider or his agent. (In the case 
of the Unborn Child Pain Awareness Brochure, it 
may be provided pursuant to subsection (c)(2) or 
(c)(3)). 
‘‘(2) REQUIRED INFORMATION.— 
‘‘(A) IN GENERAL.—An abortion provider 
or the provider’s agent to whom paragraph (1) 
applies shall provide the following information 
to the pregnant woman (or in the case of a deaf 
or non-English speaking woman, provide the 
statement in a manner that she can easily un-
derstand): 
‘‘(i) AGE
OF
UNBORN
BABY.—The 
probable age of development of the unborn 
baby based on the number of weeks since 
fertilization. 
‘‘(ii) UNBORN
CHILD
PAIN
AWARE-
NESS BROCHURE.—An abortion provider to 
whom paragraph (1) applies must provide 
the pregnant woman with the Unborn 
Child Pain Awareness Brochure (referred 
to in this section as the ‘Brochure’) to be 
developed by the Department of Health 
and Human Services under subsection (c) 
or with the information described in sub-
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section (c)(2) relating to accessing such 
Brochure. 
‘‘(iii) 
USE
OF
PAIN-PREVENTING 
DRUGS.—Drugs administered to the moth-
er may not prevent the unborn child from 
feeling pain, but in some cases, anesthesia 
or other pain-reducing drug or drugs can 
be administered directly to the unborn 
child. 
‘‘(iv) DESCRIPTION OF RISKS.—After 
providing the information required under 
clauses (i), (ii), and (iii) the abortion pro-
vider shall provide the woman involved 
with his or her best medical judgment on 
the risks, if any, of administering such an-
esthesia or analgesic, and the costs associ-
ated therewith. 
‘‘(v) 
ADMINISTRATION
OF
ANES-
THESIA.—If the abortion provider is not 
qualified or willing to administer the anes-
thesia or other pain-reducing drug to an 
unborn child in response to a request from 
a pregnant women, the provider shall— 
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