fore the health care provider, there is a reasonable 
likelihood of sustained fetal survival outside the 
uterus with or without artificial support. 
SEC. 4. PERMITTED SERVICES. 
(a) GENERAL RULE.—A health care provider has a 
statutory right under this Act to provide abortion services, 
and may provide abortion services, and that provider’s pa-
tient has a corresponding right to receive such services, 
without any of the following limitations or requirements: 
(1) A requirement that a health care provider 
perform specific tests or medical procedures in con-
nection with the provision of abortion services, un-
less generally required for the provision of medically 
comparable procedures. 
(2) A requirement that the same health care 
provider who provides abortion services also perform 
specified tests, services, or procedures prior to or 
subsequent to the abortion. 
(3) A requirement that a health care provider 
offer or provide the patient seeking abortion services 
medically inaccurate information in advance of or 
during abortion services. 
(4) A limitation on a health care provider’s abil-
ity to prescribe or dispense drugs based on current 
evidence-based regimens or the provider’s good-faith 
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medical judgment, other than a limitation generally 
applicable to the medical profession. 
(5) A limitation on a health care provider’s abil-
ity to provide abortion services via telemedicine, 
other than a limitation generally applicable to the 
provision of medical services via telemedicine. 
(6) A requirement or limitation concerning the 
physical plant, equipment, staffing, or hospital 
transfer arrangements of facilities where abortion 
services are provided, or the credentials or hospital 
privileges or status of personnel at such facilities, 
that is not imposed on facilities or the personnel of 
facilities where medically comparable procedures are 
performed. 
(7) 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. 
(8) A prohibition on abortion at any point or 
points in time prior to fetal viability, including a 
prohibition or restriction on a particular abortion 
procedure. 
(9) A prohibition on abortion after fetal viabil-
ity when, in the good-faith medical judgment of the 
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treating health care provider, continuation of the 
pregnancy would pose a risk to the pregnant pa-
tient’s life or health. 
(10) 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 provider, that 
delay would pose a risk to the patient’s health. 
(11) A requirement that a patient seeking abor-
tion services at any point or points in time prior to 
fetal viability disclose the patient’s reason or reasons 
for seeking abortion services, or a limitation on the 
provision or obtaining of abortion services at any 
point or points in time prior to fetal viability based 
on any actual, perceived, or potential reason or rea-
sons of the patient for obtaining abortion services, 
regardless of whether the limitation is based on a 
health care provider’s degree of actual or construc-
tive knowledge of such reason or reasons. 
(b) OTHER LIMITATIONS
OR REQUIREMENTS.—A 
health care provider has a statutory right to provide abor-
tion services, and may provide abortion services, and that 
provider’s patient has a corresponding right to receive 
such services, without a limitation or requirement that— 
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(1) is the same as or similar to one or more of 
the limitations or requirements described in sub-
section (a); or 
(2) both— 
(A) expressly, effectively, implicitly, or as 
implemented singles out the provision of abor-
tion services, health care providers who provide 
abortion services, or facilities in which abortion 
services are provided; and 
(B) impedes access to abortion services. 
(c) FACTORS FOR CONSIDERATION.—Factors a court 
may consider in determining whether a limitation or re-
quirement impedes access to abortion services for purposes 
of subsection (b)(2)(B) include the following: 
(1) Whether the limitation or requirement, in a 
provider’s good-faith medical judgment, interferes 
with a health care provider’s ability to provide care 
and render services, or poses a risk to the patient’s 
health or safety. 
(2) Whether the limitation or requirement is 
reasonably likely to delay or deter some patients in 
accessing abortion services. 
(3) Whether the limitation or requirement is 
reasonably likely to directly or indirectly increase the 
cost of providing abortion services or the cost for ob-
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taining abortion services (including costs associated 
with travel, childcare, or time off work). 
(4) Whether the limitation or requirement is 
reasonably likely to have the effect of necessitating 
a trip to the offices of a health care provider that 
would not otherwise be required. 
(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 new or existing 
limitations or requirements. 
(d) EXCEPTION.—To defend against a claim that a 
limitation or requirement violates a health care provider’s 
or patient’s statutory rights under subsection (b), a party 
must establish, by clear and convincing evidence, that— 
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(1) the limitation or requirement significantly 
advances the safety of abortion services or the health 
of patients; and 
(2) the safety of abortion services or the health 
of patients cannot be advanced by a less restrictive 
alternative measure or action. 
SEC. 5. APPLICABILITY AND PREEMPTION. 
(a) IN GENERAL.— 
(1) Except as stated under subsection (b), this 
Act supersedes and applies to the law of the Federal 
Government and each State government, and the im-
plementation of such law, whether statutory, com-
mon law, or otherwise, and whether adopted before 
or after the date of enactment of this Act, and nei-
ther the Federal Government nor any State govern-
ment shall enact or enforce any law, rule, regulation, 
standard, or other provision having the force and ef-
fect of law that conflicts with any provision of this 
Act, notwithstanding any other provision of Federal 
law, including the Religious Freedom Restoration 
Act of 1993 (42 U.S.C. 2000bb et seq.). 
(2) Federal statutory law adopted after the 
date of the enactment of this Act is subject to this 
Act unless such law explicitly excludes such applica-
tion by reference to this Act. 
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