[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5731 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5731
To prohibit Federal assistance for telemedicine abortions and to ban
interstate abortions using telemedicine technology.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2012
Mr. King of Iowa (for himself, Mr. Smith of New Jersey, Mr. Pitts, Mr.
Jones, Mr. Hultgren, Mr. Huizenga of Michigan, Mr. Murphy of
Pennsylvania, Mr. Lankford, Mr. Gohmert, Mr. Canseco, Mr. Ross of
Florida, Mr. Landry, Mr. Lipinski, Mrs. Myrick, Mrs. Schmidt, Mr.
Benishek, Mrs. Hartzler, Mr. Johnson of Ohio, Mr. McHenry, Mr.
Southerland, Mr. Duncan of South Carolina, Mr. Huelskamp, Mr. Pearce,
Mr. Manzullo, Mr. Cole, Mr. Fleischmann, Mr. DesJarlais, Mr. Roe of
Tennessee, Mr. Neugebauer, Mr. Schweikert, Mrs. Ellmers, Mr. Garrett,
Mr. Flores, Mr. Harris, Mrs. Black, Mr. Jordan, Mr. Marchant, Mrs.
Blackburn, Mr. Bartlett, Mr. Scott of South Carolina, Mr. Brady of
Texas, Mrs. Bachmann, Mr. Fleming, Mr. Miller of Florida, Mr. Kelly,
Mr. McCotter, Mr. Lamborn, and Mr. Broun of Georgia) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Agriculture, Energy and Commerce,
and Natural Resources, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit Federal assistance for telemedicine abortions and to ban
interstate abortions using telemedicine technology.
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 ``Telemedicine Safety Act''.
SEC. 2. PROHIBITION OF FEDERAL ASSISTANCE FOR TELEMEDICINE ABORTIONS.
Title 1, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITION ON PROVISION OF FUNDS TO PROVIDERS OF
TELEMEDICINE SERVICES WHO PROVIDE TELEMEDICINE ABORTIONS
``301. Prohibition on funds provided to providers of telemedicine
services who provide telemedicine
abortions.
``Sec. 301. Prohibition on funds to facilitate telemedicine abortions
``(a) No funds made available under a telemedicine law (as defined
in subsection (c)) may be used for telemedicine abortions or for
assistance to facilities that offer telemedicine abortions.
``(b) No equipment, infrastructure, or other items purchased using
funds made available under a telemedicine law may be used for
telemedicine abortions.
``(c) In this section:
``(1) The term `telemedicine abortion' has the meaning
given such term in section 1842(a) of title 18, United States
Code.
``(2) The term `telemedicine law' means any of the
following provisions of law insofar as each relates to
telemedicine services (as defined in such section 1842(a)):
``(A) Chapter 1 of subtitle D of title XXIII of the
Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 950aaa et seq.).
``(B) Section 254(h)(1)(A) of the Communications
Act of 1934 (47 U.S.C. 254(h)(1)(A)).
``(C) Sections 201 and 518 of the Indian Health
Care Improvement Act (25 U.S.C. 1621, 1660h).
``(D) Sections 3011 and 3012 of the Public Health
Service Act (42 U.S.C. 300jj-31, 300jj-32).
``(E) Sections 330A-1, 330D, 330F, 330G, 330H,
330I, 330K, and 330L of the Public Health Service Act
(42 U.S.C. 254c-1a, 254c-4, 254c-6, 254c-7, 254c-8,
254c-9, 254c-16, 254c-18).''.
SEC. 3. PROHIBITION OF INTERSTATE TELEMEDICINE ABORTIONS.
(a) In General.--Chapter 90 of title 18, United States Code, is
amended by inserting after section 1841 the following:
``SEC. 1842. PROHIBITION OF INTERSTATE TELEMEDICINE ABORTIONS.
``(a) Definitions.--For purposes of this section:
``(1) Telemedicine abortion.--The term `telemedicine
abortion' means the use by a health professional of
telemedicine services to prescribe, dispense, procure,
administer, or otherwise provide any instrument, medicine,
drug, or any other substance, device, or method to terminate
the life of an unborn child, or to terminate the pregnancy of a
woman who is pregnant, without such health professional
conducting an in-person medical examination of such woman
during her current pregnancy, with an intention other than--
``(A) to produce a live birth and preserve the life
and health of the child after live birth; or
``(B) to remove an ectopic pregnancy, or to remove
a dead unborn child who died as the result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
``(2) Telemedicine services.--The term `telemedicine
services' means a telecommunications link to an end user
through the use of equipment that electronically links patients
and health professionals at separate sites in order to exchange
health care information in audio, video, graphic, or other
format for the purpose of providing health care services.
``(3) In-person.--The term `in-person' in the same room and
in the physical presence of the woman.
``(b) Ban on Interstate Abortions Using Telemedicine Technology.--
Whoever knowingly provides a telemedicine abortion across State lines
shall be fined under this title or imprisoned not more than 1 year, or
both.''.
(b) Technical Amendment.--The table of sections for chapter 90 of
title 18, United States Code, is amended by inserting after the item
relating to section 1841 the following:
``1842. Prohibition of interstate telemedicine abortions.''.
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