Unborn Child Pain Awareness Act of 2010 - Amends the Public Health Service Act to require an abortion provider who knowingly performs an abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks or more after fertilization), to first: (1) inform the woman of the probable age of the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt); (3) provide information that pain medicine administered to the mother may not prevent pain in the child, but in some cases anesthesia or pain-reducing drugs can be administered directly to the child; (4) give the woman the provider's best medical judgment of the risks and costs of such anesthesia or analgesic; and (5) obtain the woman's signature on the Unborn Child Pain Awareness Decision Form and her explicit request for or refusal of the administration of drugs to the child. Requires the Secretary of Health and Human Services (HHS) to develop the Unborn Child Pain Awareness Brochure that includes a statement that there is substantial evidence that the process of being killed in an abortion will cause the unborn child pain and that the mother has the option of having pain-reducing drugs administered directly to the child. Creates an exception to save the life of the mother.
Establishes civil penalties for willfully failing to comply with this Act. Authorizes: (1) the U.S. Attorney General to bring a civil action under this Act; and (2) private rights of action for violations of this Act.
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