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Virginia · 2026 Regular Session
SB548Abortion; born alive infant, treatment and care, penalty.
Direction
Abortionbans gestational limitsAI label
↓Restricts abortion accessmodel confidence 80%
Imposes a legal duty on providers performing abortions to provide full life-preserving care to any infant born alive after the procedure, with felony penalties for noncompliance, so less legal access to abortion without regard to infant survival.
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
⚠ Quote could not be matched to the bill text: treat this label with caution
AbortionexceptionsAI label
=No change to abortion accessmodel confidence 70%
Explicitly exempts the mother of an infant born alive from any criminal prosecution under the new failure-to-treat provision.
The mother of a human infant who has been born alive shall not be subject to prosecution for any criminal offense pursuant to this section.
✓ Quote verified word for word in the bill text
Abortionprovider clinic regulationAI label
↓Restricts abortion accessmodel confidence 80%
Adds specific requirements and felony penalties for health care providers performing abortions regarding treatment of infants born alive, and amends hospital and licensing regulations accordingly.
Any health care provider licensed by the Board of Medicine who fails to comply with the provisions of subsection A is guilty of a Class 4 felony.
✓ Quote verified word for word in the bill text
Filed (completed)
Committee
Passed one chamber
Passed both
Governor
Law
Status: Died (session ended)
Last action
2026-02-12: Passed by indefinitely in Education and Health (9-Y 6-N)
Why the model tagged it this way: The bill creates a new criminal offense specifically tied to abortion and miscarriage procedures, requiring providers to treat any born-alive infant with the same care as any other child of the same gestational age and to transfer to a hospital, with Class 4 felony penalties for noncompliance. This directly addresses abortion by imposing post-procedure obligations and penalties on providers. It also amends related hospital licensing and medical board unprofessional-conduct provisions. The mother's exemption is noted but does not alter the overall restrictive effect on abortion access. No other
Related bills
HB1398Fetal and Infant Mortality Review Team; established, definitions, penalty, report.↑Expands abortion access Passed one chamber
SB137Obstructing health care facility; penalties.↓Restricts abortion access Law
HB1398Fetal and Infant Mortality Review Team; established, definitions, penalty, report.↓Restricts abortion access↓Restricts abortion access Died (session ended)
HB542Abortion; informed written consent, newborn safety devices.↓Restricts abortion access Died (session ended)
Hearings and calendar
2026-02-06 08:30 · Hearing · Senate Education and Health-Health Professions Hearing Senate Subcommittee Room, Room 300, General Assembly Building
2026-02-12 08:30 · Hearing · Senate Education and Health Hearing Senate Room A, Room 305, General Assembly Building
Votes
Date
Chamber
Motion
Yea-Nay
2026-02-12
S
Passed by indefinitely in Education and Health (9-Y 6-N)