text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Women's Health Protection Act of 
  2015''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--Congress finds the following:
              (1) Access to safe, legal abortion services is essential to 
          women's health and central to women's ability to participate 
          equally in the economic and social life of the United States.
              (2) Access to safe, legal abortion services has been 
          hindered in the United States in various ways, including 
          blockades of health care facilities and associated violence; 
          restrictions on insurance coverage; restrictions on minors' 
          ability to obtain services; and requirements and restrictions 
          that single out abortion providers and those seeking their 
          services, and which do not further women's health or the safety 
          of abortion, but harm women by reducing the availability of 
          services.
              (3) In the early 1990s, protests and blockades at health 
          care facilities where abortions were performed, and associated 
          violence, increased dramatically and reached crisis level, 
          requiring Congressional action. Congress passed the Freedom of 
          Access to Clinic Entrances Act (Public Law 103-259) to address 
          that situation and ensure that women could physically access 
          abortion services.
              (4) Since 2010, there has been an equally dramatic increase 
          in the number of laws and regulations singling out abortion 
          that threaten women's health and their ability to access safe 
          abortion services by interfering with health care 
          professionals' ability to provide such services. Congressional 
          action is now necessary to put an end to these restrictions. In 
          addition, there has been a dramatic increase in the passage of 
          laws that blatantly violate the constitutional protections 
          afforded women, such as bans on abortion prior to viability.
              (5) Legal abortion is one of the safest medical procedures 
          in the United States. That safety is furthered by regulations 
          that are based on science and are generally applicable to the 
          medical profession or to medically comparable procedures.
              (6) Many State and local governments are imposing 
          restrictions on the provision of abortion that are neither 
          science-based nor generally applicable to the medical 
          profession or to medically comparable procedures. Though 
          described by their proponents as health and safety regulations, 
          many of these abortion-specific restrictions do not advance the 
          safety of abortion services and do nothing to protect women's 
          health. Also, these restrictions interfere with women's 
          personal and private medical decisions, make access to abortion 
          more difficult and costly, and even make it impossible for some 
          women to obtain those services.
              (7) These restrictions harm women's health by reducing 
          access not only to abortion services but also to the other 
          essential health care services offered by the providers 
          targeted by the restrictions, including contraceptive services, 
          which reduce unintended pregnancies and thus abortions, and 
          screenings for cervical cancer and sexually transmitted 
          infections. These harms fall especially heavily on low-income 
          women, women of color, and women living in rural and other 
          medically underserved areas.
              (8) The cumulative effect of these numerous restrictions 
          has been widely varying access to abortion services such that a 
          woman's ability to exercise her constitutional rights is 
          dependent on the State in which she lives. Federal legislation 
          putting a stop to harmful restrictions throughout the United 
          States is necessary to ensure that women in all States have 
          access to safe abortion services, an essential constitutional 
          right repeatedly affirmed by the United States Supreme Court.
              (9) Congress has the authority to protect women's ability 
          to access abortion services pursuant to its powers under the 
          Commerce Clause and its powers under section 5 of the 
          Fourteenth Amendment to the Constitution to enforce the 
          provisions of section 1 of the Fourteenth Amendment.
      (b) Purpose.--It is the purpose of this Act to protect women's 
  health by ensuring that abortion services will continue to be available 
  and that abortion providers are not singled out for medically 
  unwarranted restrictions that harm women by preventing them from 
  accessing safe abortion services. It is not the purpose of this Act to 
  address all threats to access to abortion (for example, this Act does 
  not apply to clinic violence, restrictions on insurance or medical 
  assistance coverage of abortion, or requirements for parental consent 
  or notification before a minor may obtain an abortion) which Congress 
  should address through separate legislation as appropriate.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Abortion.--The term ``abortion'' means any medical 
          treatment, including the prescription of medication, intended 
          to cause the termination of a pregnancy except for the purpose 
          of increasing the probability of a live birth, to remove an 
          ectopic pregnancy, or to remove a dead fetus.
              (2) Abortion provider.--The term ``abortion provider'' 
          means a health care professional who performs abortions.
              (3) Government.--The term ``government'' includes a branch, 
          department, agency, instrumentality, or individual acting under 
          color of law of the United States, a State, or a subdivision of 
          a State.
              (4) Health care professional.--The term ``health care 
          professional'' means a licensed medical professional (including 
          physicians, certified nurse-midwives, nurse practitioners, and 
          physician assistants) who is competent to perform abortions 
          based on clinical training.
              (5) Medically comparable procedures.--The term ``medically 
          comparable procedures'' means medical procedures that are 
          similar in terms of risk, complexity, duration, or the degree 
          of sterile precaution that is indicated.
              (6) Pregnancy.--The term ``pregnancy'' refers to the period 
          of the human reproductive process beginning with the 
          implantation of a fertilized egg.
              (7) State.--The term ``State'' includes each of the 50 
          States, the District of Columbia, the Commonwealth of Puerto 
          Rico, and each territory or possession of the United States.
              (8) Viability.--the term ``viability'' means the point in a 
          pregnancy at which, in the good-faith medical judgment of the 
          treating health care professional, based on the particular 
          facts of the case before her or him, there is a reasonable 
          likelihood of sustained fetal survival outside the uterus with 
          or without artificial support.
  
  SEC. 4. PROHIBITED MEASURES AND ACTIONS.
  
      (a) General Prohibitions.--The following limitations or 
  requirements are unlawful and shall not be imposed or applied by any 
  government because they single out the provision of abortion services 
  for restrictions that are more burdensome than those restrictions 
  imposed on medically comparable procedures, they do not significantly 
  advance women's health or the safety of abortion services, and they 
  make abortion services more difficult to access:
              (1) A requirement that a medical professional perform 
          specific tests or medical procedures in connection with the 
          provision of an abortion, unless generally required for the 
          provision of medically comparable procedures.
              (2) A requirement that the same clinician who performs a 
          patient's abortion also perform specified tests, services or 
          procedures prior, or subsequent, to the abortion.
              (3) A limitation on an abortion provider's ability to 
          prescribe or dispense drugs based on current evidence-based 
          regimens or her or his good-faith medical judgment, other than 
          a limitation generally applicable to the medical profession.
              (4) A limitation on an abortion provider's ability to 
          provide abortion services via telemedicine, other than a 
          limitation generally applicable to the provision of medical 
          services via telemedicine.
              (5) A requirement or limitation concerning the physical 
          plant, equipment, staffing, or hospital transfer arrangements 
          of facilities where abortions are performed, or the credentials 
          or hospital privileges or status of personnel at such 
          facilities, that is not imposed on facilities or the personnel 
          of facilities where medically comparable procedures are 
          performed.
              (6) A requirement that, prior to obtaining an abortion, a 
          patient make one or more medically unnecessary in-person visits 
          to the provider of abortion services or to any individual or 
          entity that does not provide abortion services.
              (7) A requirement or limitation that prohibits or restricts 
          medical training for abortion procedures, other than a 
          requirement or limitation generally applicable to medical 
          training for medically comparable procedures.
      (b) Other Prohibited Measures or Actions.--
              (1) In general.--A measure or action directed at 
          restricting the provision of abortion services or the 
          facilities that provide abortion services that is similar to 
          any of the prohibited limitations or requirements described in 
          subsection (a) shall be unlawful if such measure or action 
          singles out abortion services or makes abortion services more 
          difficult to access and does not significantly advance women's 
          health or the safety of abortion services.
              (2) Prima facie case.--To make a prima facie showing that a 
          measure or action is unlawful under paragraph (1) a plaintiff 
          shall demonstrate that the measure or action involved--
                      (A) singles out the provision of abortion services 
                  or facilities in which abortion services are performed; 
                  or
                      (B) impedes women's access to abortion services 
                  based on one or more of the factors described in 
                  paragraph (3).
              (3) Factors.--Factors for a court to consider in 
          determining whether a measure or action impedes access to 
          abortion services for purposes of paragraph (2)(B) include the 
          following:
                      (A) Whether the measure or action interferes with 
                  an abortion provider's ability to provide care and 
                  render services in accordance with her or his good-
                  faith medical judgment.
                      (B) Whether the measure or action is reasonably 
                  likely to delay some women in accessing abortion 
                  services.
                      (C) Whether the measure or action is reasonably 
                  likely to directly or indirectly increase the cost of 
                  providing abortion services or the cost for obtaining 
                  abortion services (including costs associated with 
                  travel, childcare, or time off work).
                      (D) Whether the measure or action requires, or is 
                  reasonably likely to have the effect of necessitating, 
                  a trip to the offices of the abortion provider that 
                  would not otherwise be required.
                      (E) Whether the measure or action is reasonably 
                  likely to result in a decrease in the availability of 
                  abortion services in the State.
                      (F) Whether the measure or action imposes criminal 
                  or civil penalties that are not imposed on other health 
                  care professionals for comparable conduct or failure to 
                  act or that are harsher than penalties imposed on other 
                  health care professionals for comparable conduct or 
                  failure to act.
                      (G) The cumulative impact of the measure or action 
                  combined with other new or existing requirements or 
                  restrictions.
              (4) Defense.--A measure or action shall be unlawful under 
          this subsection upon making a prima facie case (as provided for 
          under paragraph (2)), unless the defendant establishes, by 
          clear and convincing evidence, that--
                      (A) the measure or action significantly advances 
                  the safety of abortion services or the health of women; 
                  and
                      (B) the safety of abortion services or the health 
                  of women cannot be advanced by a less restrictive 
                  alternative measure or action.
      (c) Other Prohibitions.--The following restrictions on the 
  performance of abortion are unlawful and shall not be imposed or 
  applied by any government:
              (1) A prohibition or ban on abortion prior to fetal 
          viability.
              (2) A prohibition on abortion after fetal viability when, 
          in the good-faith medical judgment of the treating physician, 
          continuation of the pregnancy would pose a risk to the pregnant 
          woman's life or health.
              (3) A restriction that limits a pregnant woman's ability to 
          obtain an immediate abortion when a health care professional 
          believes, based on her or his good-faith medical judgment, that 
          delay would pose a risk to the woman's health.
              (4) A measure or action that prohibits or restricts a woman 
          from obtaining an abortion prior to fetal viability based on 
          her reasons or perceived reasons or that requires a woman to 
          state her reasons before obtaining an abortion prior to fetal 
          viability.
      (d) Limitation.--The provisions of this Act shall not apply to laws 
  regulating physical access to clinic entrances, requirements for 
  parental consent or notification before a minor may obtain an abortion, 
  insurance coverage or medical assistance of abortion, or the procedure 
  described in section 1531(b)(1) of title 18, United States Code.
      (e) Effective Date.--This Act shall apply to government 
  restrictions on the provision of abortion services, whether statutory 
  or otherwise, whether they are enacted or imposed prior to or after the 
  date of enactment of this Act.
  
  SEC. 5. LIBERAL CONSTRUCTION.
  
      (a) Liberal Construction.--In interpreting the provisions of this 
  Act, a court shall liberally construe such provisions to effectuate the 
  purposes of the Act.
      (b) Rule of Construction.--Nothing in this Act shall be construed 
  to authorize any government to interfere with a woman's ability to 
  terminate her pregnancy, to diminish or in any way negatively affect a 
  woman's constitutional right to terminate her pregnancy, or to displace 
  any other remedy for violations of the constitutional right to 
  terminate a pregnancy.
  
  SEC. 6. ENFORCEMENT.
  
      (a) Attorney General.--The Attorney General may commence a civil 
  action for prospective injunctive relief on behalf of the United States 
  against any government official that is charged with implementing or 
  enforcing any restriction that is challenged as unlawful under this 
  Act.
      (b) Private Right of Action.--
              (1) In general.--Any individual or entity aggrieved by an 
          alleged violation of this Act may commence a civil action for 
          prospective injunctive relief against the government official 
          that is charged with implementing or enforcing the restriction 
          that is challenged as unlawful under this Act.
              (2) Facility or professional.--A health care facility or 
          medical professional may commence an action for prospective 
          injunctive relief on behalf of the facility's or professional's 
          patients who are or may be adversely affected by an alleged 
          violation of this Act.
      (c) Equitable Relief.--In any action under this section, the court 
  may award appropriate equitable relief, including temporary, 
  preliminary, or permanent injunctive relief.
      (d) Costs.--In any action under this section, the court shall award 
  costs of litigation, as well as reasonable attorney fees, to any 
  prevailing plaintiff. A plaintiff shall not be liable to a defendant 
  for costs in an action under this section.
      (e) Jurisdiction.--The district courts of the United States shall 
  have jurisdiction over proceedings commenced pursuant to this section 
  and shall exercise the same without regard to whether the party 
  aggrieved shall have exhausted any administrative or other remedies 
  that may be provided for by law.
  
  SEC. 7. PREEMPTION.
  
      No State or subdivision thereof shall enact or enforce any law, 
  rule, regulation, standard, or other provision having the force and 
  effect of law that conflicts with any provision of this Act.
  
  SEC. 8. SEVERABILITY.
  
      If any provision of this Act, or the application of such provision 
  to any person or circumstance, is held to be unconstitutional, the 
  remainder of this Act, or the application of such provision to all 
  other persons or circumstances, shall not be affected thereby.
target: Women's Health Protection Act of 2015 This bill prohibits any government from imposing on abortion services:  a requirement that a medical professional perform specific tests or medical procedures; a requirement that the same clinician who performs a patient's abortion also perform additional tests, services or procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs or provide services via telemedicine; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at those facilities; a requirement that, prior to obtaining an abortion, a patient make medically unnecessary in-person visits to any individual or entity; a limitation on medical training for abortion procedures; a prohibition prior to fetal viability; a prohibition after fetal viability when continuation of the pregnancy would pose a risk to the woman's life or health; a restriction on a woman's ability to obtain an immediate abortion when a delay would pose a risk to the woman's health; or  a restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion.  A measure or action that is similar to a requirement or limitation listed above is prohibited if it singles out abortion services or makes abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services.
feat_title: Women's Health Protection Act of 2015