Abortion; born alive human infant, failure to provide treatment and care, penalty. (HB304)

Introduced By

Del. Nick Freitas (R-Culpeper) with support from co-patrons Del. Dave LaRock (R-Loudoun), Del. Marie March (R-Floyd), and Del. Wendell Walker (R-Lynchburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of an infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of an infant who has been born alive following performance of an abortion and for the immediate reporting to law enforcement of any failure to provide such required treatment and care. Read the Bill »


Bill Has Failed


01/11/2022Prefiled and ordered printed; offered 01/12/22 22103215D
01/11/2022Referred to Committee for Courts of Justice
01/19/2022Impact statement from DPB (HB304)
01/20/2022Impact statement from VCSC (HB304)
01/24/2022Impact statement from VCSC (HB304H1)
02/03/2022Assigned Courts sub: Subcommittee #4
02/04/2022House subcommittee amendments and substitutes offered
02/04/2022Subcommittee recommends reporting with substitute (5-Y 3-N)
02/11/2022Reported from Courts of Justice with substitute (10-Y 8-N) (see vote tally)
02/11/2022Committee substitute printed 22106090D-H1
02/13/2022Read first time
02/14/2022Impact statement from VCSC (HB304H1)
02/14/2022Impact statement from DPB (HB304H1)
02/14/2022Read second time
02/14/2022Committee substitute agreed to 22106090D-H1
02/14/2022Engrossed by House - committee substitute HB304H1
02/15/2022Read third time and passed House (52-Y 48-N)
02/15/2022VOTE: Passage (52-Y 48-N) (see vote tally)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on Education and Health
02/23/2022Assigned Education sub: Health Professions
03/03/2022Rereferred from Education and Health (9-Y 6-N) (see vote tally)
03/03/2022Rereferred to Rules
03/04/2022Passed by indefinitely in Rules (11-Y 4-N) (see vote tally)