S. 2466 (108th): Unborn Child Pain Awareness Act of 2004

May 20, 2004 (108th Congress, 2003–2004)
Died (Referred to Committee)
Samuel “Sam” Brownback
Senator from Kansas
Read Text »
Last Updated
May 20, 2004
21 pages
Related Bills
S. 51 (109th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Jan 24, 2005

H.R. 4420 (Related)
Unborn Child Pain Awareness Act of 2004

Referred to Committee
Last Action: May 20, 2004


This bill was introduced on May 20, 2004, in a previous session of Congress, but was not enacted.

Introduced May 20, 2004
Referred to Committee May 20, 2004
Primary Source

THOMAS.gov (The Library of Congress)

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S. stands for Senate bill.

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The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

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

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.
(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.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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