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Oregon ‘Born-Alive Infants Protection Act’ (SB 1042)

This law was last updated on Aug 30, 2019

This law is Anti–Choice Model Bill




SB 1042


Failed to Pass


Apr 1, 2019


Later Abortion

Full Bill Text

SB 1042 would require a health-care practitioner to provide the same degree of care to a child born alive during an abortion or attempted abortion as they would render to any other child born alive at the same gestational age.

Requirements for Health-Care Practitioners

If an attempted abortion results in a child born alive, any health-care practitioner present at the time would be required to do all of the following:

  • Exercise the same degree of care to preserve the life and health of the child as a reasonably diligent and conscientious health-care practitioner would render to any other child born alive at the same gestational age; and
  • If the child was not born alive in a hospital, ensure that the child born alive is immediately transported and admitted to a hospital.

A person who violates this provision would be guilty of a Class C felony.

Reporting Requirements

A health-care practitioner who has knowledge of a failure to comply with these requirements would be required to report the failure to a state law enforcement agency.

Related Legislation

Companion bill to HB 3423.

Based on model legislation drafted by Americans United for Life (AUL).

Latest Action

4/1/19 – Introduced; referred to Senate Rules Committee.