This bill sets rules for what doctors and medical staff must do if a baby is born alive during or after an abortion procedure. If a baby is born alive in this situation, medical professionals are required to provide the same level of care they would give to any other newborn at that stage of development, and they must immediately get the baby to a hospital. If a medical worker knows that someone didn't follow these care requirements, they have to report it to law enforcement right away.

The bill creates criminal penalties for breaking these rules. A doctor or medical staff member who fails to provide proper care, or who knows about such a failure and doesn't report it, can be fined and sentenced to up to five years in prison. If someone intentionally kills or tries to kill a baby born alive, they can be prosecuted for murder.

One important exception: the mother of the baby cannot be prosecuted under this law. However, she can sue a doctor or medical worker if they violate the care requirements and seek damages in civil court. The bill essentially treats a baby born alive during an abortion the same way the law treats any other newborn, requiring standard medical care and hospital admission.

Born-Alive Abortion Survivors Protection Act

Lankford, James

Born-Alive Abortion Survivors Protection ActThis bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.