‘(a) In General- A physician who, in or affecting interstate or foreign commerce, knowingly performs an abortion and, in doing so, fails to comply with subsection (b), shall be fined under this title or imprisoned not more than 2 years, or both. This subsection shall not apply to an abortion that is necessary to save the life of a mother 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.
‘(b) Requirements- A physician who performs an abortion shall--
‘(1) have admitting privileges at a hospital to which the physician can travel in one hour or less (determined on the basis of starting at the principal medical office of the physician and traveling to the hospital) and under the average conditions of travel for the physician; and
‘(2) at the time of the abortion, notify the patient involved of the hospital location where the patient can receive follow-up care by the physician if complications resulting from the abortion arise.
‘(c) Definition- As used in this section, the term ‘physician’ means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion, shall be subject to the provisions of this section.
‘(d) Limitation- A woman upon whom a procedure described in subsection (a) is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.’.
U.S. Congress - Text of S.98 as Introduced in Senate Pregnant Women Health and Safety Act
