Sponsors (42)
The bill balances shielding patients from federal prosecution and allowing a narrow life‑saving exception against imposing fetal‑heartbeat mandates, criminal penalties and record‑keeping requirements that risk reducing provider availability, restricting medication abortion and telehealth, delaying care for survivors and minors, and increasing privacy concerns.
Women who obtain abortions are protected from federal criminal prosecution under this bill's provisions (including conspiracy/complicity protections).
Women and clinicians: creates a narrowly defined life‑saving exception allowing physicians to perform abortions when necessary to save a woman's life under reasonable medical judgment.
Women and health systems: requires fetal‑heartbeat checks plus documentation and notification, which can increase completeness of medical records and continuity of care.
Women and clinicians: physicians who perform abortions without the mandated fetal‑heartbeat check/notification face federal criminal liability, likely reducing provider willingness and access to abortion care.
Women, telehealth users and pharmacies: defining 'perform' to include prescribing effectively criminalizes prescription/chemical abortions, restricting telehealth provision of medication abortion and pharmacy access.
Rape survivors: the adult‑rape exception requires counseling or medical treatment at least 48 hours prior and bans such services at abortion clinics, creating practical barriers and delays for survivors seeking timely care.
Based on analysis of 2 sections of legislative text.
Creates a federal crime for physicians who perform abortions after detecting a fetal heartbeat or without determining/notifying whether a heartbeat exists, with narrow exceptions and documentation rules.
Introduced January 23, 2025 by Mike Kelly · Last progress January 23, 2025
Creates a federal criminal rule that bars physicians from performing an abortion after they determine an unborn child has a detectable fetal heartbeat, or from performing an abortion without first determining and notifying the patient of whether a detectable heartbeat exists. It requires physicians to document the heartbeat determination and patient notification in the medical record and treats the pregnant woman as immune from criminal liability for the abortion. Provides narrow exceptions for life‑saving medical care, for adult rape victims who receive counseling or medical treatment at least 48 hours before the abortion, and for rape/incest involving minors if the incident was reported to a child‑welfare or law enforcement agency before the abortion; sets documentation and data‑retention rules for those exceptions, restricts where required counseling/treatment for the adult‑rape exception may be provided, and creates a process allowing physicians to seek a State Medical Board hearing on the life‑saving necessity defense and delay trial up to 30 days. Includes definitions, severability, and language preserving more protective laws while stating it does not create an abortion right.