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Federal · H.R. 26 · 118th Congress

Passed · U.S. House vote · Jan 11, 2023

Born-Alive Abortion Survivors Protection Act

This 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.

First two sentences of the Congressional Research Service's summary · Congress.gov ↗

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Latest final vote: Passed · U.S. House · Jan 11, 2023

Official record ↗
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All votes2 recorded

U.S. House · Jan 11, 2023 · Final passage

On Passage · Passed

Official record ↗

By party

PartyYesNoPresentNot voting
Republican183003
Democratic117410
Democrat0600
Independent1000
By state (48)
StateYesNoPresentNot voting
AL5100
AR4000
AZ5200
CA124000
CO1400
CT0500
DE0100
FL16701
GA7400
HI0200
IA4000
ID2000
IL31400
IN5200
KS2100
KY5100
LA4100
MA0900
MD1400
ME0200
MI6600
MN4300
MO5100
MS3100
MT1000
NC5400
NE3000
NH0100
NJ3600
NM0300
NV1300
NY71300
OH8500
OK5000
OR1300
PA8700
RI0100
SC5100
SD1000
TN7100
TX21912
UT3000
VA4200
VT0100
WA1700
WI5200
WV1000
WY1000

The breakdown counts the 369 members whose positions are loaded; the totals above are the official record's.

Party is as each member's record lists it. Counts are of recorded positions, nothing more.

Every member's vote

369 members, by last name.

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HistoryJan 11, 2023
  1. Jan 11, 2023U.S. House: On Passage · Passed ↗
  2. Jan 11, 2023U.S. House: On Motion to Recommit · Failed ↗

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Full text
Full text on Congress.gov ↗ Official bill page ↗

Official summary (Congressional Research Service)

Born-Alive Abortion Survivors Protection Act This 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.

Source ↗