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H.R. 4420 (108th): Unborn Child Pain Awareness Act of 2004

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/20/2004--Introduced. Unborn Child Pain Awareness Act of 2004 - Amends the Public Health Service Act to require an abortion provider, before beginning any abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks after fertilization), to: (1) make a specified statement to the pregnant woman that Congress has determined that there is substantial evidence that the process will cause the unborn child pain, and that the mother has the option of having pain-reducing drugs administered directly to the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt) and an Unborn Child Pain Awareness Decision Form; and (3) obtain on the form the woman's signature and her explicit request for or refusal of the administration of drugs to the child. Directs the Secretary of Health and Human Services to develop the brochure and form.

Makes such provisions inapplicable to a provider in the case of a medical emergency. Requires the provider to certify that a medical emergency exists. Sets penalties for false statements.

Establishes penalties for willfully failing to comply with this Act, including civil penalties, medical license suspension, or both. Authorizes: (1) specified officials to bring suit in Federal court; and (2) private rights of action by a parent or guardian of a woman who is an unemancipated minor. Requires each State and State medical licensing authority to promulgate procedures for the revocation or suspension of a provider's license upon a court finding that the provider has violated this Act. Subjects a State that fails to implement such procedures to loss of Medicaid funding.