Start talking Contraception instead of Abortion, Trudeau.
Beware the fools of politics. Canada has unwittingly forced teens to use Abortion in lieu of Contraception
Warning: No matter what you read here you are urged to consult your own personal physician for all medical advice relating to your health case.
- Using digoxin to stop a beating heart, medically speaking is ending the life of a living creature.
- Crushing a small baby’s skull the size of a small lemon, using a sopher clamp, medically speaking is ending the life of a living creature in a painful manner.
- Start talking Contraception instead of Abortion if pregnancy is not desired.
- Coitus outside marriage is a possible death sentence from microbial pathogens.
- Coitus without contraception is only for people who want to have a baby.
- Induced abortion is a medical procedure used in emergencies. It’s a tough triage call.
- Elected members of government are not in office to act like exalted members of the community expecting adulation for their lies, and obedience to those of their edicts that are absurd and self-serving. They are in office to serve at the will of and for the good of the people not exploit induced abortions as a political ploy. This also applies to politicrats like Katie Telford and their Butts.
“What many governments are doing today,” says Jessica Williams of the global civil society women’s group RINJ, “is enjoying their power, lavishing in its benefits and focusing more on getting reelected than forming good public policy”.
“Government creates a self-serving narrative,” she adds.
“Then, your government controls the message, and uses your money from your pockets to deliver their political message to the payer of that message’s cost.”
Few Governments have been earning respect lately.
In response to an FPMag editorial Why do Canadian Government Politicians seem so eager to kill babies? , respondents have commended the view that contraception should be more protective and be more reliable. Actually, both wishes are fulfilled by some of the latest options, in some cases in combination of two.
Williams, a nurse practitioner working in the Middle East says that the current government of the Liberal leader Justin Trudeau and the Office of the Prime Ministers Office seen from afar is launching attacks against the medical profession using terminology that goes back before most new doctors and nurses were born.
Is that a social media mirage?
Looking at statistics, it is easy to see that hospitals in Canada prefer not to perform induced abortions. Some doctors we have spoken to have done one dismemberment abortion, a late term procedure, and that was their last. Others did hundreds for the money to pay back their school loans and then quit.
- It is time to make contraception good, available to everyone, and well understood.
- Teens must have access to excellent and age-appropriate contraception.
- Governments must stop blocking the research into male contraception.
- Coitus outside of partnerships is dangerous. Academia needs to get on the ball.
Intrinsic in the attacks are threats that some kind of ‘NeoCon’ phenomenon in the United States will sweep over Canada.
The author of that needs to talk to her boss about cow-towing to Trump’s Chinese Princess Kidnap dreams.
The only way the United States will make public policy in Canada is if the Canadian government permits that to happen.
Photo credit: Screen capture @Twitter of Trudeau’s Chief of Staff muck-raking in the rabble rousing of Maryam Monsef
The photo and its story: Sounding like the AntiVaxxers spreading false medical information the Canadian Federal Government story line ignores the real problems and exploits 1960s boogymen to rabble rouse Canadian women:
“In Canada, women – and women alone –have the right to make decision about their own bodies. And while some Conservatives are trying to reopen the debate, Liberals will always defend a woman’s right to choose.” – Maryam Monsef
Read if you wish -> Why do Canadian Government Politicians seem so eager to kill babies? [Editorial]
Really. So does this mean that the Liberal government advances leaving the medical profession out of this, it’s about Liberal and Conservative hacks deciding if a 20-week fetus feels pain? Should not the Canadian government provide proper health care including high quality, high availability contraception and solid education on the value of contraception and the perils of induced abortion?
Why Contraception Plus Prophylaxis is a government Education Responsibility greater than politically abusing the induced abortion procedure.
Here is why public policy should focus on Contraception availability and education.
- Today, statistically, coitus outside of marriage frequently leads to disease or infection.
- Every day in Canada there are 7 new HIV infections.
- Babies born with HIV to mothers with HIV do not have a good outcome.
- In Canada induced abortion is being abused as a selective tool for choosing gender.
- In Canada induced abortion procedures are being abused as a method of birth control.
- Canadian abuse of the induced abortion goes unreported but youth and their babies are the victims.
Where does the Trudeau PMO see a need for more Abortions or starting a fight with Tories and with America over abortion rights?
According to the Conference Board of Canada, by 2034, immigration will account for 100 per cent of population growth as the number of deaths in Canada is expected to exceed births. Canada’s potential economic growth would slow from 1.9 per cent to an average of 1.3 per cent annually without immigration. It is absurd to suggest that Canada needs more abortions. One out of five Canadian babies are terminated with induced abortion.
In 2016 according to Statistics Canada there were 383,579 births and according to the Canadian Institute for Health information, there were 97,764 induced abortions in 2016. That’s one out of every five pregnancies ending in abortion.
Killing Canadian babies as a form of birth control where healthy mothers have changed their minds doesn’t seem like it has the colour of right in the context of the real world.
Starting with 2019 Birth Rate Predictions
Birth Rates – 2019 Estimates
|·||Gross Reproduction Rate||0.78 Per 1,000|
|·||Ratio at Birth – Male to Female is weighted toward Males||1.06 Ratio|
|·||Total Fertility Rate||1.61 Births Per Woman|
|·||15-19||13.80 Per 1,000 Women|
|·||20-24||53.60 Per 1,000 Women|
|·||25-29||102.50 Per 1,000 Women|
|·||30-34||102.00 Per 1,000 Women|
|·||35-39||41.90 Per 1,000 Women|
|·||40-44||7.20 Per 1,000 Women|
|·||45-49||0.30 Per 1,000 Women|
Growth Rates – 2019
|·||Growth Rate||0.70 Percent|
|·||Natural Growth||0.13 Percent|
|·||Births Per 1000||10.18 Per 1,000|
|·||Net Migrants per 1000||5.71 Per 1,000|
The photo and its story: Contraception would have been a better choice than abortion for these 305 thousand teens 15-19 who had 164 thousand abortions in this ten year period. Source: The Canadian Journal of Human Sexuality.
As the birth rate drops in Canada from 2.2 Total Fertility Rate to 1.61 Total Fertility Rate, abortion rate increases and the largest population group having abortions are 15-24 with the group between 20 and 24 remaining high. The highest percentage of pregnancies leading to abortion is among teens 15 to 19.
These are the known statistics but reporting is understated according to nurses working in abortion clinics. Year to year, it would appear that under reporting is consistent hence it has no bearing on the argument that Canada does not have a problem of available induced abortion but that contraception availability to young persons is a serious problem.
|Number of induced abortions reported in Canada in 2016, by province/territory of hospital or clinic|
|Province/territory||Number of induced abortions reported
|Number of induced abortions reported
|Newfoundland and Labrador||138||840||978|
|Prince Edward Island||0||0||0|
|Age||2016 Number of induced abortions reported
|2016 Number of induced abortions reported
|Totals by age|
Sources: (above two charts)
- Discharge Database Canadian Institute for Health Information. and
- National Ambulatory Care Reporting System, Canadian Institute for Health Information.
91,310 in 2006 Canadian abortions climbed to 97,764 in 2016 while birth rates plummeted. Abortion availability is not an issue but contraception is an issue especially among the young.
|15 to 19||19,007||17,656||16,938||16,065||15,217|
|15 to 17||6,381||5,785||5,974||5,588||5,608|
|18 to 19||12,626||11,871||10,964||10,477||9,609|
|20 to 24||32,371||32,662||31,467||30,359||28,358|
|25 to 29||22,189||22,236||21,662||21,419||20,315|
|30 to 34||15,981||15,734||15,089||14,450||13,615|
|35 to 39||11,022||10,821||10,206||9,973||9,444|
|40 and up||4,230||4,343||4,368||4,263||3,938|
Source: above chart and all data prior to 2006: Statistics Canada
The trend for decreasing abortion rates continued through the 1990s until about 2007 and then began the climb anew.
Teen pregnancy outcomes
|Total, teen pregnancies||41,588||40,370||38,600|
Source: above chart and all data prior to 2006: Statistics Canada
- Even though the number of pregnancies is down the number of abortions is up in Canada in the past ten years.
- Canadian teens who don’t want to be pregnant are indeed becoming pregnant and having abortions in very large numbers.
- The number of abortions should be dropping owing to the threat of AIDS and better contraception. But contraception is not available to all groups becoming pregnant.
- The way ahead is to make contraception more available and to increase awareness of its importance among younger Canadians.
- Conclude that the availability of induced abortion in Canada is less of a problem than the need for improved availability of contraception for young persons.
- The threats of HIV/AIDs and other morbid sexually transmitted infections such as Hepatitis are very real.
The case against promiscuous coitus. Morbid illness that is highly contagious.
Click image to download: Ending the HIV Epidemic in Canada in 5 Yrs – It’s Time to Act
The Recent Week of Politicising the Induced Abortion Procedure by the Staff and Cabinet of Justin Trudeau is not good for anyone.
It is disingenuous to use pre-science arguments that many tried to use against and in favour of Henry Morgentaler Abortion Clinics. The man died in Toronto in 2013 at 90 after depriving thousands of babies their lives. He did this so that he could make a lot of money. It was easy because overactive teens needed a fall back option if they became pregnant. Many have had more than one abortion using the procedure as a method of birth control.
Wouldn’t contraception have been better?
Young people are big users of abortion clinics and as statistics plainly show, hospitals tend not to perform induced abortions as a method of birth control. Such induced abortions are done in licensed out-of-hospital facilities, a very lucrative business in all but three provinces and three Canadian territories where the retail chain of abortion clinics is banned.
2016 Canadian Hospital Statistics on Gestation Period. Clinics will not provide complete data perhaps because it would shock anyone’s sensibilities.
The arguments of 30 years ago are pointless today. Medical science knows of the wrongfulness of dismemberment abortion which is an abortion late in a pregnancy.
The willfulness in taking children’s lives may have a lot to do with the willfulness in taking any lives. The West has been involved in too much killing of innocent civilians in the past decade or more. Lives matter less. Even Canada’s murder rate has climbed substantially in the past five years.
Why do most doctors and hospitals prefer not to get involved in Induced Abortion for a healthy mother?
Because that feels like murder, many say.
Perhaps you have not been involved in a late term abortion. Would you like to watch a video of a dismemberment abortion where the baby is screaming from inside the womb? Some doctors have said they heard this. FPMag will not be involved in showing such a thing but below is a good video explaining the dilate and extract abortion procedure by a doctor who has done hundreds.
Medical science knows of the wrongfulness of abusing the induced abortion procedure as a method of birth control; as a device of political rabble rousing; and a way of hiding a nation’s pregnant youth.
Morgentaler clinics for example are accused of performing frequent abortions for teens (even under 16) without parental consent or even their knowledge. Despite their repeated visits to abortion clinics they are not being given effective long-term contraceptives.
Do I need my parent’s or my partner’s permission?
No, you do not need parental and partner permission to book an appointment or to have an abortion. Your visit to our clinic is completely private and confidential. — Morgentaler.ca FAQ
The extraordinary number of teen abortions in Canada is because of an abject failure of government.
Alabama in the United States had the same problem and consequently passed a draconian law that in the final moments of its approval had every mitigation factor removed from the content.
Had that Alabama government instituted an education policy; created a process for medically channeling contraceptive solutions to any patient regardless of calendar age, those being patients who medically qualified upon examination of a medical doctor, would have prevented the dire problems that have arisen.
Any Female upon Examination and on Approval of her Doctor must be allowed Contraception.
The draconian attitude in Canada and in many countries is the problem. It’s not abortion that’s such a problem for females. Canada does relatively few late-term abortions in hospitals. Most hospitals in Canada refuse to do abortions which are then done in specialty clinics. Far too many patients are very young.
To be a doctor one must swear an oath to zealously work to save lives, not take lives.
Induced abortions are mostly done for consenting or non-consenting teens.
Politicians living in the horn of plenty among the obese and the privileged, even though it is the 21st century, seem to believe their target group on the abortion topic are suffragettes, maybe free-love hippies of the fifties or sex objects of the 60s’ patriarch. These groups maybe the voices but the patients are teens. Kids. Why are they not allowed free, long-term contraceptives?
- rape in Canada is a bigger problem than abortion. Again, the people most impacted are the youth.
- Canadian Courts do not punish rapists and Canadian cops are very often the rapists.
- Rural law enforcement that is only 5% female on the streets is a reprehensible oversight in Canada that could be solved.
Canada has no laws on abortion. It shouldn’t. Let medical decisions remain a matter for doctors and their patients to decide. But Canada needs better policy on Contraception and on maintaining the reproductive health of the young. Canada has forced kids to use Abortion in lieu of Birth Control
But Canada should be prosecuting late term abortions as murder.
The RINJ Foundation, according to Katie Alsop, has lobbied governments around the world to provide their populations with free contraception. Anyone, for example, should be able to walk into any public health office and help themselves to a handful of free good quality condoms. Women coming out of the delivery room should be offered free of charge a licensed, good quality intra-uterine device for contraception unless contraindicated by her medical indications and in that event, an alternative contraceptive or a free follow up consultation with a doctor should be in order.
There are some countries with a particularly high TFR whose health departments are testing these new policy ideas with good outcomes.
Good Doctors Do Not Kill Babies
Canada decriminalized abortion over 30 years ago when its highest court struck down a section in the Canada Criminal Code that criminalized abortion.
Regardless of this Jan. 28, 1988 decision, the vast majority of hospitals in Canada do not perform abortions on demand and some provinces do not have standalone abortion clinics.
In Canada, the induced abortion procedure is regulated by medical policies, codes of ethics and protocols.
Most scrupulous doctors honour the rights of the unborn child in a healthy mother. Those that don’t should be prosecuted.
Yes, some of the abuses of this 1988 decision are not prosecuted and should be. For example, people go to Canada to do “female infanticide”–kill the unwanted child because of its gender. The Morgentaler Clinics, a quasi-abortion-retail-chain created by Doctor Henry Morgentaler who found the loophole in the Canadian Criminal Code and convinced the Supreme Court to toss the law, have slaughtered countless children as a method of birth control on demand.
The truth about Pending Legislation in the USA Acknowledges that the Fetus Feels Pain. Read it yourself if you wish. It is not what Canadian Politicians are warning folks about.
Late term abortions are unpopular among doctors in Canada. Apparently that is also true in the United States.
At the federal level in the United States, abortion is legal up to nine months of pregnancy. While some states have enacted prohibitions on abortion — including restricting the procedure after a certain point in pregnancy — other states permit abortions without exception.
Medical science has brought a significant quantum of evidence to suggest that a fetus at some point is feeling pain. That argument ois reflected in the following pending legislation.
The Act to protect pain-capable unborn children.
|Shown Here: Referred in Senate (10/04/2017)115th CONGRESS
1st SessionH. R. 36
IN THE SENATE OF THE UNITED STATES
October 4, 2017Received; read twice and referred to the Committee on the JudiciaryAN ACT To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. Short title.This Act may be cited as the “Pain-Capable Unborn Child Protection Act”.SEC. 2. Legislative findings and declaration of constitutional authority for enactment.Congress finds and declares the following:(1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks after fertilization.
(2) By 8 weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.
(3) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.
(4) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life.
(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia. In the United States, surgery of this type is being performed by 20 weeks after fertilization and earlier in specialized units affiliated with children’s hospitals.
(6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.
(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.
(8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.
(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.
(10) The position, asserted by some commentators, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement in reaction to invasive surgery.
(11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier.
(12) It is the purpose of the Congress to assert a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
(13) The compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other.
(14) Congress has authority to extend protection to pain-capable unborn children under the Supreme Court’s Commerce Clause precedents and under the Constitution’s grants of powers to Congress under the Equal Protection, Due Process, and Enforcement Clauses of the Fourteenth Amendment.
SEC. 3. Pain-capable unborn child protection.
(a) In general. Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:
SEC. 1532. Pain-capable unborn child protection.
(a) Unlawful conduct. Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b).
(b) Requirements for Abortions.
(1) ASSESSMENT OF THE AGE OF THE UNBORN CHILD. The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age.
(2) PROHIBITION ON PERFORMANCE OF CERTAIN ABORTIONS.
(A) GENERALLY FOR UNBORN CHILDREN 20 WEEKS OR OLDER. Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 20 weeks or greater.
(B) EXCEPTIONS. Subparagraph (A) does not apply if
(i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions;
(ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion
(I) she has obtained counseling for the rape; or
(I) a government agency legally authorized to act on reports of child abuse; or
(II) a law enforcement agency.
(C) REQUIREMENT AS TO MANNER OF PROCEDURE PERFORMED. Notwithstanding the definitions of ‘abortion’ and ‘attempt an abortion’ in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive.
(D) REQUIREMENT THAT A PHYSICIAN TRAINED IN NEONATAL RESUSCITATION BE PRESENT. If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E).
(E) CHILDREN BORN ALIVE AFTER ATTEMPTED ABORTIONS. When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply:
(i) DEGREE OF CARE REQUIRED. Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth.
(ii) IMMEDIATE ADMISSION TO A HOSPITAL. Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital.
(iii) MANDATORY REPORTING OF VIOLATIONS. A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both.
(F) DOCUMENTATION REQUIREMENTS.
(i) DOCUMENTATION PERTAINING TO ADULTS. A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape.
(ii) DOCUMENTATION PERTAINING TO MINORS. A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion.
(G) INFORMED CONSENT.
(i) CONSENT FORM REQUIRED. The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph.
(ii) CONTENT OF CONSENT FORM. The Informed Consent Authorization form shall be presented in person by the physician and shall consist of
(I) a statement by the physician indicating the probable post-fertilization age of the pain-capable unborn child;
(II) a statement that Federal law allows abortion after 20 weeks fetal age only if the mother’s life is endangered by a physical disorder, physical illness, or physical injury, when the pregnancy was the result of rape, or an act of incest against a minor;
(III) a statement that the abortion must be performed by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother;
(IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital;
(V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and
(VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form.
(iii) SIGNATORIES REQUIRED. The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness.
(iv) RETENTION OF CONSENT FORM. The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient’s medical file.
(H) REQUIREMENT FOR DATA RETENTION. Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section.
(I) ADDITIONAL EXCEPTIONS AND REQUIREMENTS.
(i) IN CASES OF RISK OF DEATH OR MAJOR INJURY TO THE MOTHER. Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of
(I) the death of the pregnant woman; or
(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.
(ii) EXCLUSION OF CERTAIN FACILITIES. Notwithstanding the definitions of the terms ‘medical treatment’ and ‘counseling’ in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital).
(iii) RULE OF CONSTRUCTION IN CASES OF REPORTS TO LAW ENFORCEMENT. The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel.
(iv) COMPLIANCE WITH CERTAIN STATE LAWS.
(I) STATE LAWS REGARDING REPORTING OF RAPE AND INCEST. The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State’s Attorney General may designate, regarding reporting requirements in cases of rape or incest.
(II) STATE LAWS REGARDING PARENTAL INVOLVEMENT. The physician who intends to perform an abortion on a minor under an exception provided by subparagraph (B) shall comply with any applicable State laws requiring parental involvement in a minor’s decision to have an abortion.
(c) Criminal penalty. Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.
(d) Bar to prosecution. A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation.
(e) Civil remedies.
(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS PERFORMED. A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief.
(2) CIVIL ACTION BY A PARENT OF A MINOR ON WHOM AN ABORTION IS PERFORMED. A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.
(3) APPROPRIATE RELIEF. Appropriate relief in a civil action under this subsection includes
(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;
(B) statutory damages equal to three times the cost of the abortion; and
(C) punitive damages.
(4) ATTORNEYS FEES FOR PLAINTIFF. The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection.
(5) ATTORNEYS FEES FOR DEFENDANT. If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.
(6) AWARDS AGAINST WOMAN. Except under paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.
(f) Data collection.
(1) DATA SUBMISSIONS. Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the ‘Center’) not later than 60 days after the end of the calendar year in which the abortion was performed or attempted.
(2) CONTENTS OF SUMMARY. The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B)
(A) the probable post-fertilization age of the unborn child;
(B) the method used to carry out the abortion;
(C) the location where the abortion was conducted;
(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and
(E) any incident of live birth resulting from the abortion.
(3) EXCLUSIONS FROM DATA SUBMISSIONS. A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
(4) PUBLIC REPORT. The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted.
(g) Definitions. In this section the following definitions apply:
(1) ABORTION. The term ‘abortion’ means the use or prescription of any instrument, medicine, drug, or any other substance or device
(A) to intentionally kill the unborn child of a woman known to be pregnant; or
(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than
(i) after viability to produce a live birth and preserve the life and health of the child born alive; or
(ii) to remove a dead unborn child.
(2) ATTEMPT. The term ‘attempt’, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.
(3) COUNSELING. The term ‘counseling’ means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency.
(4) FACILITY. The term ‘facility’ means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility.
(5) FERTILIZATION. The term ‘fertilization’ means the fusion of human spermatozoon with a human ovum.
(6) MEDICAL TREATMENT. The term ‘medical treatment’ means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State.
(7) MINOR. The term ‘minor’ means an individual who has not attained the age of 18 years.
(8) PERFORM. The term ‘perform’, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.
(9) PHYSICIAN. The term ‘physician’ means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion.
(10) POST-FERTILIZATION AGE. The term ‘post-fertilization age’ means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum.
(11) PROBABLE POST-FERTILIZATION AGE OF THE UNBORN CHILD. The term ‘probable post-fertilization age of the unborn child’ means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced.
(12) REASONABLE MEDICAL JUDGMENT. The term ‘reasonable medical judgment’ means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(13) UNBORN CHILD. The term ‘unborn child’ means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.
(14) WOMAN. The term ‘woman’ means a female human being whether or not she has reached the age of majority.”.
(b) Clerical amendment. The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item:
1532. Pain-capable unborn child protection.”.
(c) Chapter heading amendments.
(1) CHAPTER HEADING IN CHAPTER. The chapter heading for chapter 74 of title 18, United States Code, is amended by striking “Partial-Birth Abortions” and inserting “Abortions”.
(2) TABLE OF CHAPTERS FOR PART I. The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking “Partial-Birth Abortions” and inserting “Abortions”.
Passed the House of Representatives October 3, 2017.
Attest: karen l. haas,