Pregnant Women Health and Safety Act of 2021
Bill: S.83 | Sponsor: Sen. Kennedy, John (R-LA)
Policy area: Crime and Law Enforcement

Summary:
Pregnant Women Health and Safety Act of 2021
This bill establishes requirements for physicians who perform abortions and abortion clinics.
Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise.
A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted.
The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers.

To amend title 18, United States Code, to prohibit certain abortion 
                  procedures, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pregnant Women Health and Safety Act 
of 2021''.

SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE PERFORMANCE OF 
              ABORTIONS.

    (a) In General.--Chapter 74 of title 18, United States Code, is 
amended--
            (1) in the chapter heading by striking ``PARTIAL-BIRTH''; 
        and
            (2) by inserting after section 1531 the following:
``Sec. 1532. Prohibition on certain procedures
    ``(a) Definition.--In this section, the term `physician' means a 
doctor of medicine or osteopathy legally authorized to practice 
medicine and surgery by the State in which the doctor performs such 
activity, or any other individual legally authorized by the State to 
perform abortions.
    ``(b) Requirements.--A physician who performs an abortion shall--
            ``(1) have admitting privileges at a hospital located 
        within 15 miles from the principal medical office of the 
        physician and the location in which the abortion is being 
        performed; and
            ``(2) at the time of the abortion, notify the patient 
        involved of the hospital location where the patient can receive 
        follow-up care by the physician if complications resulting from 
        the abortion arise.
    ``(c) Offense.--It shall be unlawful for a physician, in or 
affecting interstate or foreign commerce, to knowingly perform an 
abortion and, in doing so, fail to comply with subsection (b).
    ``(d) Penalty.--Any physician who violates subsection (c) shall be 
fined under this title, imprisoned not more than 2 years, or both.
    ``(e) Limitation.--A woman upon whom a procedure described in 
subsection (c) is performed may not be prosecuted under this section, 
for a conspiracy to violate this section, or for an offense under 
section 2, 3, or 4 of this title based on a violation of this 
section.''.
    (b) Technical and Conforming Amendments.--
            (1) Chapter 74.--The table of sections for such chapter is 
        amended by inserting after the item relating to section 1531 
        the following:

``1532. Prohibition on certain procedures.''.
            (2) Part i.--The table of chapters for part I of title 18, 
        United States Code, is amended by striking the item relating to 
        chapter 74 and inserting the following:

``74. Abortions.............................................    1531''.

SEC. 3. REQUIREMENT OF ABORTION CLINICS.

    (a) In General.--Subject to subsection (b), as a condition for 
receiving any Federal funds or assistance, an abortion clinic shall--
            (1) be licensed by the State in which it is located; and
            (2) be in compliance with the requirements for ambulatory 
        surgery centers under title XVIII of the Social Security Act 
        (42 U.S.C. 1395 et seq.), except for any requirement relating 
        to a certificate of public need for State licensing purposes.
    (b) Waiver.--For purposes of complying with subsection (a)(2) with 
respect to an abortion clinic, a State board of health may waive the 
application of certain structural requirements (as the Secretary of 
Health and Human Services determines appropriate).
    (c) Definition.--In this section, the term ``abortion clinic'' 
means a facility, other than a hospital or ambulatory surgery center, 
in which first, second, or third trimester abortions are performed 
during any 12-month period.
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