Sponsors (42)
The bill shields pregnant women from criminal prosecution and allows a narrow life‑saving exception, but pairs those protections with strict procedural requirements, criminal penalties, reporting and recordkeeping mandates that are likely to reduce access to abortion, burden providers, and raise privacy and administrative concerns.
Pregnant women are explicitly protected from criminal prosecution under this bill (and related conspiracy/complicity provisions).
Women facing life‑threatening conditions can receive abortions because physicians are permitted to perform life‑saving abortions based on reasonable medical judgment.
Women and their care teams may get more complete medical records because the bill requires documentation of fetal‑heartbeat checks and notifications, which can improve continuity of care.
Women—especially those in rural areas and those who rely on telehealth—will face substantially reduced access to abortion care because physicians face federal criminal liability for failing to perform mandated fetal‑heartbeat checks, the bill criminalizes prescribing/chemical abortions, and it restricts counseling/medical services at abortion‑performing facilities.
Rape survivors and minors will encounter practical barriers and delays: adult‑rape exceptions require counseling/medical treatment at least 48 hours before an abortion and such services are banned at many abortion clinics, while minors must be reported before qualifying for exceptions—deterring timely, time‑sensitive care.
Patients face increased privacy and confidentiality risks because HIPAA parity and expanded medical‑record retention mean more sensitive abortion‑related data will be recorded and retained in health records.
Based on analysis of 2 sections of legislative text.
Makes it a federal crime for physicians to perform abortions after a detectable fetal heartbeat is found or to fail to determine/notify, with narrow exceptions and required documentation.
Creates a federal crime for physicians who knowingly perform an abortion without first determining whether the unborn child has a detectable fetal heartbeat, or who perform an abortion after determining a detectable fetal heartbeat, with narrow exceptions for life‑saving care and certain rape/incest circumstances. Requires specific documentation in the patient medical record, aligns retention of that documentation with HIPAA rules, allows certain procedural delays to obtain State Medical Board review of life‑saving defense claims, and protects the pregnant person from criminal liability under the new provision.
Official title: To amend title 18, United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable.
Introduced January 23, 2025 by Mike Kelly · Last progress January 23, 2025