2022 Regular SessionVirginia Legislature

HB304: Abortion; born alive human infant, failure to provide treatment and care, penalty.

Legislative Summary

Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of an infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of an infant who has been born alive following performance of an abortion and for the immediate reporting to law enforcement of any failure to provide such required treatment and care. Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of an infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of an infant who has been born alive following performance of an abortion and for the immediate reporting to law enforcement of any failure to provide such required treatment and care.

Bill History

1/11/2022
Prefiled and ordered printed; offered 01/12/22 22103215D
House of Delegates
1/11/2022
Referred to Committee for Courts of Justice
House of Delegates
2/3/2022
Assigned Courts sub: Subcommittee #4
House of Delegates
2/4/2022
Subcommittee recommends reporting with substitute (5-Y 3-N)
House of Delegates
2/11/2022
Reported from Courts of Justice with substitute (10-Y 8-N)
House of Delegates
2/11/2022
Committee substitute printed 22106090D-H1
House of Delegates
2/13/2022
Read first time
House of Delegates
2/14/2022
Read second time
House of Delegates
2/14/2022
Committee substitute agreed to 22106090D-H1
House of Delegates
2/14/2022
Engrossed by House - committee substitute HB304H1
House of Delegates
2/15/2022
Read third time and passed House (52-Y 48-N)
House of Delegates
2/15/2022
VOTE: Passage (52-Y 48-N)
House of Delegates
2/16/2022
Constitutional reading dispensed
Senate
2/16/2022
Referred to Committee on Education and Health
Senate
2/23/2022
Assigned Education sub: Health Professions
Senate
3/3/2022
Rereferred from Education and Health (9-Y 6-N)
Senate
3/3/2022
Rereferred to Rules
Senate
3/4/2022
Passed by indefinitely in Rules (11-Y 4-N)
Senate

Amendments

Substitute for HB304 Courts of Justice, Subcommittee #4

Substitute for HB304 Courts of Justice, Subcommittee #4

2/4/2022Not Adopted

Substitute for HB304 Courts of Justice, Subcommittee #4

Substitute for HB304 Courts of Justice, Subcommittee #4

2/4/2022Adopted

Roll Call Votes

Senate: Passed by indefinitely in Rules (11-Y 4-N)
3/4/2022
11
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Rereferred from Education and Health (9-Y 6-N)
3/3/2022
9
Yea
6
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (52-Y 48-N)
2/15/2022
52
Yea
48
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Reported from Courts of Justice with substitute (10-Y 8-N)
2/11/2022
10
Yea
8
Nay
0
Not Voting
2
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (5-Y 3-N)
2/4/2022
5
Yea
3
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Engrossed(2/14/2022)
Chamber
Senate
Sine DiePrior Session

Documents

Comm Sub
Bill Text2/11/202236.4 KB
Prefiled
Bill Text1/11/202237.7 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/14/202291.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/6/202238.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/20/202235.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/19/202291.5 KB