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Improvements to the Pain-Capable Unborn Child Protection Act (H.R. 36)

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Born Alive Protections: The Pain-Capable bill requires a second physician to be present at any abortion after 20 weeks, so that the abortionist focuses on the woman and the other doctor can provide rigorous care to preserve the life and health of a baby born alive. It also requires that a baby born alive be transported and admitted to the hospital and given the same care that any other premature baby would receive.

Informed Consent: The informed consent must be signed by both the woman and the abortionist and must contain statements about the Pain-Capable law, about the abortionist doing an abortion in a manner most likely to allow the baby to be born alive, about the fact that if the baby is born alive it will be transported to the hospital for needed medical treatment, and informing the woman that she could bring a civil right of action against the abortionist, subjecting the abortionist to civil or criminal penalties, if the provisions of the law were not followed. Parents are also given a civil right of action if the law is not followed with respect to their minor daughter.

If the Abortion is the Result of Sexual Assault: If the woman has an abortion after 20 weeks, the abortionist must ensure that the woman has received medical treatment or counseling at least 48 hours before the abortion. The medical treatment or counseling cannot be tied to the abortion facility.

If a Minor Seeks Abortion Because of Rape/Incest: If the minor has an abortion after 20 weeks, the provider must notify either social services or law enforcement to ensure the safety of the child.

Mandatory Reporting of Violations: Any employee that has knowledge about a failure to comply with the Pain-Capable law must immediately report the failure to a state or federal law enforcement agency.

Annual Statistical Report: The National Center for Health Statistics will provide statistical information about all abortions after 20 gestational weeks.