(1) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any entity, employee 
of such entity, or individual (including any physi-
cian, certified nurse-midwife, nurse practitioner, 
physician assistant, and pharmacist) that— 
(A) is engaged or seeks to engage in the 
delivery of reproductive health care services; 
and 
(B) if required by State law to be licensed, 
certified, or otherwise authorized to engage in 
the delivery of such services— 
(i) is so licensed, certified, or other-
wise authorized; or 
(ii) would be so licensed, certified, or 
otherwise authorized, but for their past, 
present, or potential provision of abortion 
services. 
(2) REPRODUCTIVE HEALTH CARE SERVICES.— 
The term ‘‘reproductive health care services’’ means 
abortion services, contraception services, in vitro fer-
tilization, or other reproductive care, education, and 
counseling that— 
(A) is provided in a hospital, clinic, physi-
cian’s office, pharmacy, or other service site, or 
provided via telehealth, intended to provide 
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medical, surgical, counseling, or referral serv-
ices; 
(B) is provided in a medically accurate 
manner; and 
(C) in any way affects commerce over 
which the United States has jurisdiction. 
(3) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
each territory and possession of the United States, 
and any subdivision of a State, including any unit 
of local government, such as a county, city, town, 
village, or other general purpose political subdivision 
of a State. 
SEC. 3. RIGHT TO PROVIDE REPRODUCTIVE HEALTH CARE 
SERVICES. 
(a) PROHIBITION.—No individual, entity, or State 
may prevent, restrict, impede, or disadvantage— 
(1) a health care provider from providing or as-
sisting with reproductive health care services lawful 
in the State in which the services are to be provided; 
(2) any individual or entity from assisting a 
health care provider in providing or assisting with 
reproductive health care services lawful in the State 
in which services are to be provided; or 
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(3) a health care provider or any individual or 
entity from providing or assisting a health care pro-
vider with reproductive health care services for an 
individual who does not reside in the State in which 
the services are to be provided. 
(b) ENFORCEMENT.— 
(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may commence a civil action on behalf of the 
United States against any State, or against any gov-
ernment official, individual, or entity that enacts, 
implements, or enforces a limitation or requirement 
that violates subsection (a). The court shall hold un-
lawful and set aside the limitation or requirement if 
it is in violation of subsection (a). 
(2) PRIVATE
RIGHT
OF
ACTION.—Any indi-
vidual or entity adversely affected by an alleged vio-
lation of subsection (a) may commence a civil action 
against any State that violates this section or 
against any government official that enacts, imple-
ments, or enforces a limitation or requirement that 
violates subsection (a). The court shall hold unlawful 
and enjoin the limitation or requirement if it is in 
violation of subsection (a). 
(3) HEALTH CARE PROVIDER.—A health care 
provider may commence an action for relief on its 
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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 sub-
section (a). 
(4) EQUITABLE RELIEF.—In any action under 
this section, the court may award appropriate equi-
table relief, including temporary, preliminary, or per-
manent injunctive relief. 
(5) COSTS.—In any action under this section, 
the court shall award costs of litigation, as well as 
reasonable attorney’s fees, to any prevailing plain-
tiff. A plaintiff shall not be liable to a defendant for 
costs or attorney’s fees in any non-frivolous action 
under this section. 
(6) JURISDICTION.—The district courts of the 
United States shall have jurisdiction over pro-
ceedings under this section and shall exercise the 
same without regard to whether the party aggrieved 
shall have exhausted any administrative or other 
remedies that may be provided for by law. 
(7) ABROGATION OF STATE IMMUNITY.—Nei-
ther a State that enforces or maintains, nor a gov-
ernment official who is permitted to implement or 
enforce, any limitation or requirement that violates 
subsection (a) shall be immune under the Tenth 
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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 com-
petent jurisdiction challenging that limitation or re-
quirement. 
(8) RIGHT TO REMOVE.—Any party shall have 
a right to remove an action brought under this sub-
section to the district court of the United States for 
the district and division embracing the place where 
such action is pending. An order remanding the case 
to the State court from which it was removed under 
this paragraph may be immediately reviewable by 
appeal or otherwise. 
(c) RULES OF CONSTRUCTION.— 
(1) IN GENERAL.—Nothing in this section shall 
be construed to modify, supersede, or otherwise af-
fect the authority of any executive branch agency to 
promulgate regulations or otherwise implement laws. 
(2) OTHER INDIVIDUALS CONSIDERED AS GOV-
ERNMENT
OFFICIALS.—Any person who, by oper-
ation of a provision of Federal or State law, is per-
mitted to implement or enforce a limitation or re-
quirement that violates this section shall be consid-
ered a government official for purposes of this Act. 
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