HB2398 Abortion; born alive infant, treatment and care, penalty.

↓Restricts abortion access model confidence 80%

Imposes a legal duty on providers to treat and transfer any infant born alive after an abortion attempt, with a felony penalty for noncompliance, which deters abortions that risk a live birth and thereby reduces legal access to abortion at later gestations where survival is possible.

Every health care provider licensed by the Board of Medicine who attempts or assists in the attempt to perform an abortion or cause a miscarriage for the purpose of terminating a pregnancy and who is present at the time such abortion is attempted or such miscarriage is attempted to be caused shall, in the case of a human infant who has been born alive, as defined in § 18.2-71.1, following performance of such attempted abortion or causing of such miscarriage, (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the human infant who has been

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↓Restricts abortion access model confidence 70%

Adds specific requirements for hospitals and providers performing abortions regarding treatment of born-alive infants, plus makes noncompliance unprofessional conduct subject to license discipline, increasing regulation of abortion providers.

Undertaking in any manner or by any means whatsoever to procure or perform or aid or abet in procuring or performing a criminal abortion;

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