Second Chance at Life Act of 2021
Bill: H.R.552 | Sponsor: Rep. Lamborn, Doug (R-CO)
Policy area: Health

Summary:
Second Chance at Life Act of 2021
This bill requires abortion providers to disclose information about the possibility of reversing a medication abortion. This is a procedure that uses a medication regimen to terminate a pregnancy, typically with a two-drug protocol.
Providers must inform patients that it may be possible to reverse the effects of a medication abortion after taking the first drug. They must also let patients know that more information and assistance is available on the Department of Health and Human Services (HHS) website. At least 24 hours before the procedure, the provider must share this information with the patient in person or by telephone. The provider must also include the information in written discharge instructions after the first drug is dispensed.
The bill sets out an exception to these notification requirements when an abortion is necessary to resolve a physical injury or condition that threatens the life of the woman. The provider must document the circumstances giving rise to the exception in the patient's medical file.
Furthermore, providers must post signs with this information in their offices or facilities, and HHS must maintain information about reversing medication abortions on its website.

To ensure that a woman seeking a chemical abortion is informed that it 
may be possible to reverse the intended effects of the abortion if the 
            woman changes her mind, 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 ``Second Chance at Life Act of 2021''.

SEC. 2. ABORTION PILL REVERSAL INFORMED CONSENT.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

         ``TITLE XXXIV--ABORTION PILL REVERSAL INFORMED CONSENT

``SEC. 3401. DEFINITIONS.

    ``In this title:
            ``(1) Abortion provider.--The term `abortion provider' 
        means any person licensed to perform a chemical abortion under 
        applicable Federal and State laws.
            ``(2) Chemical abortion.--The term `chemical abortion' 
        means the use or prescription of an abortion-inducing drug 
        dispensed with the intent to cause the death of the unborn 
        child.
            ``(3) Unborn child.--The term `unborn child' means a member 
        of the species homo sapiens, at any stage of development prior 
        to birth.
            ``(4) Woman.--The term `woman' means a female human being 
        whether or not she has reached the age of majority.

``SEC. 3402. ABORTION PILL REVERSAL INFORMED CONSENT.

    ``(a) Requirement of Compliance by Providers.--Effective 30 days 
after the date of enactment of the Second Chance at Life Act of 2021, 
any abortion provider in or affecting interstate or foreign commerce, 
who knowingly performs any chemical abortion, shall comply with the 
requirements of this title.
    ``(b) Informed Consent.--Except in the case of a medical emergency 
described in section 3403, a chemical abortion involving the two drug 
process of dispensing mifepristone first and then misoprostol shall not 
be performed or induced or attempted to be performed or induced without 
the following:
            ``(1) The woman is informed, by telephone or in person, by 
        the physician who is to perform the chemical abortion, by a 
        referring physician, or by an agent of either physician at 
        least 24 hours before the chemical abortion, that--
                    ``(A) it may be possible to reverse the intended 
                effects of a mifepristone-induced chemical abortion if 
                the woman changes her mind but that time is of the 
                essence; and
                    ``(B) information on and assistance with reversing 
                the effects of a mifepristone-induced chemical abortion 
                is available on the website of the Department of Health 
                and Human Services required by section 3405(b).
            ``(2) After the first drug involved in the two drug process 
        is dispensed in a mifepristone-induced chemical abortion, the 
        physician shall provide written medical discharge instructions 
        to the pregnant woman which must include the statement:
    ```Recent developing research has indicated that mifepristone alone 
is not always effective in ending a pregnancy. It may be possible to 
avoid, cease, or even to reverse the intended effects of a 
mifepristone-induced chemical abortion if the second pill has not been 
taken. Please consult with a health care professional immediately.'.

``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES.

    ``(a) Exception.--The provisions of section 3402 shall not apply in 
the case where a woman suffers from a physical disorder, physical 
injury, or physical illness that would, as certified by a physician, 
place the woman in danger of death unless an abortion is performed, 
including a life-endangering physical condition caused by or arising 
from the pregnancy itself.
    ``(b) Certification.--Upon a determination by an abortion provider 
under subsection (a) that an abortion is necessary to save the life of 
a mother, such provider shall include in the medical file of the 
pregnant woman a truthful and accurate certification of the specific 
medical circumstances that support such determination.

``SEC. 3404. SIGN POSTING.

    ``(a) Posting.--Any private office, freestanding surgical 
outpatient clinic or other facility, or clinic in which chemical 
abortions, other than abortions necessary in the case of a medical 
emergency described in section 3403, are performed shall conspicuously 
post a sign (in a location as described in subsection (c) so as to be 
clearly visible to patients) which reads:
    ```Research has indicated that mifepristone alone is not always 
effective in ending a pregnancy and that its effects can be blocked or 
reversed if the second pill has not yet been taken. If you change your 
mind prior to taking the second pill and desire to attempt to save your 
pregnancy, consult with a health care professional immediately.'.
    ``(b) Lettering; Size.--The sign required by subsection (a) shall 
be printed with lettering that is--
            ``(1) legible; and
            ``(2) at least three quarters of an inch boldfaced type.
    ``(c) Locations.--A facility in which chemical abortions are 
performed that is a private office or a freestanding surgical 
outpatient clinic shall post the sign required by subsection (a) in 
each patient waiting room and patient consultation room used by 
patients on whom chemical abortions are performed. A hospital or any 
other facility in which chemical abortions are performed that is not a 
private office or freestanding surgical outpatient clinic shall post 
the required sign in each patient admission area used by patients on 
whom chemical abortions are performed.

``SEC. 3405. PRINTED INFORMATION AND WEBSITE.

    ``(a) In General.--The Secretary shall publish, in English and in 
each language which is the primary language of 2 percent or more of the 
population of any State, and shall cause to be available on the website 
required by subsection (b), the following printed materials in such a 
way as to ensure that the information is easily comprehensible:
            ``(1) Materials designed to inform the woman of the 
        possibility of reversing the effects of a chemical abortion 
        utilizing mifepristone if she changes her mind.
            ``(2) Materials on the assistance and resources that may be 
        available to help reverse the effects of a chemical abortion.
    ``(b) Website.--Not later than 30 days after the date of enactment 
of the Second Chance at Life Act of 2021, the Secretary shall develop 
and maintain a website to provide the information described in 
subsection (a) in accordance with the following:
            ``(1) No information regarding who uses the website shall 
        be collected or maintained.
            ``(2) The Secretary shall monitor on a regular basis the 
        website to prevent and correct tampering.
            ``(3) The website shall be maintained at a minimum 
        resolution of 70 DPI (dots per inch).
            ``(4) All pictures appearing on the website shall be a 
        minimum of 200x300 pixels.
            ``(5) All letters on the website shall be a minimum of 12 
        point font.
            ``(6) All information and pictures on the website shall be 
        accessible with an industry standard browser, requiring no 
        additional plug-ins.

``SEC. 3406. CIVIL REMEDIES.

    ``(a) Civil Suits for Violation.--Except as provided in subsection 
(b), any of the following parties may bring a civil action before the 
appropriate Federal district court for actual and punitive damages 
against an abortion provider who knowingly or recklessly performed or 
attempted to perform a chemical abortion in violation of this title:
            ``(1) A person upon whom such a chemical abortion has been 
        performed or attempted.
            ``(2) A father of an unborn child who is the subject of 
        such a chemical abortion.
            ``(3) A parent of a person upon whom such a chemical 
        abortion has been performed or attempted if such person had not 
        attained 18 years of age at the time of such abortion or if 
        such person died as the result of such abortion.
    ``(b) Barring Suit.--A plaintiff may not bring a civil action under 
subsection (a) if a chemical abortion is performed or attempted with 
respect to a pregnancy that is the result of the plaintiff's criminal 
conduct.
    ``(c) Attorney's Fee.--If a party described in paragraph (1), (2), 
or (3) of subsection (a) is the prevailing party in an action under 
this section, the court shall award a reasonable attorney's fee to such 
party. If a defendant is the prevailing party in an action under this 
section, and the court finds that such action was frivolous or brought 
in bad faith, the court shall award a reasonable attorney's fee to the 
defendant.''.

SEC. 3. PREEMPTION.

    Nothing in this Act or the amendment made by this Act shall be 
construed to preempt any provision of State law to the extent that such 
State law establishes, implements, or continues in effect disclosure 
requirements regarding abortion or penalties for failure to comply with 
such requirements that are more extensive than those provided under the 
amendment made by this Act.

SEC. 4. SEVERABILITY.

    If any provision of this Act, or any application thereof, is found 
to be unconstitutional, the remainder of this Act and any application 
thereof shall not be affected by such finding.
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