S.2497 - Late-Term Abortion Limitation Act of 1998105th Congress (1997-1998)
|Sponsor:||Sen. Durbin, Richard [D-IL] (Introduced 09/18/1998)|
|Committees:||Senate - Judiciary|
|Latest Action:||09/18/1998 Read twice and referred to the Committee on Judiciary. (All Actions)|
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Summary: S.2497 — 105th Congress (1997-1998)All Information (Except Text)
Introduced in Senate (09/18/1998)
Late-Term Abortion Limitation Act of 1998 - Amends the Federal criminal code to prohibit a physician from intentionally aborting a viable fetus unless the physician, prior to performing the abortion, and an independent physician who will not perform nor be present at the abortion and who was not previously involved in the treatment of the mother certify in writing that continuation of the pregnancy would threaten the mother's life or risk grievous injury to her physical health.
Bars the prosecution of a woman who has had an abortion after fetal viability for conspiring to violate such prohibition or for specified offenses, such as being an accessory after the fact.
Makes the certification requirements of this Act inapplicable when, in the medical judgment of the physician performing the abortion based on the particular facts of the case, there exists a medical emergency. Requires such physician, after the abortion has been completed, to certify in writing the specific medical condition which formed the basis for determining that a medical emergency existed.
Authorizes the Attorney General, or specified other officials, to commence a civil action in U.S. district court to enforce this Act. Directs the court, upon a finding by the court that the respondent in such an action has knowingly violated this Act, to notify the appropriate State medical licensing authority to suspend the respondent's medical license, assess a civil penalty of up to $100,000, or both. Provides for license revocation, a civil penalty of up to $250,000, or both for subsequent offenses.
Sets forth provisions regarding: (1) hearings to determine penalties; and (2) certification requirements to the court regarding the provision of notice to State or local officials of alleged violations and the belief that action by the United States is in the public interest.
Directs the Secretary of Health and Human Services to: (1) publish proposed regulations for the filing of certifications by physicians under this Act; and (2) promulgate regulations to ensure confidentiality.
Requires a State and its medical licensing authority to develop regulations and procedures for the revocation or suspension of the medical license of a physician who violates this Act. Subjects States failing to implement such procedures to loss of funding under title XIX of the Social Security Act (Medicaid).
Specifies that the requirements of this Act shall not apply with respect to post-viability abortions in a State if there is a State law in effect that regulates, restricts, or prohibits such abortions to the extent permitted by the U.S. Constitution.