< Back to H.R. 5731 (112th Congress, 2011–2013)

Text of the Telemedicine Safety Act

This bill was introduced on May 10, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 10, 2012 (Introduced).

Source: GPO

I

112th CONGRESS

2d Session

H. R. 5731

IN THE HOUSE OF REPRESENTATIVES

May 10, 2012

(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.

1.

Short title

This Act may be cited as the Telemedicine Safety Act.

2.

Prohibition of Federal assistance for telemedicine abortions

Title 1, United States Code, is amended by adding at the end the following new 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.

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).

.

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:

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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