The proposed changes in HB1143 could dramatically alter the landscape of abortion rights at the federal level. By prohibiting the declaration of a federal emergency concerning abortion, the bill effectively limits the federal government's ability to intervene in state matters relating to abortion access. This could lead to a scenario where states with more restrictive abortion laws could operate without the fear of federal enforcement aimed at protecting abortion rights. As such, the bill underscores the ongoing debate around reproductive rights and the balance of power between state and federal governments.
Summary
House Bill 1143, titled the 'Prohibiting Federal Emergencies for Abortion Act,' seeks to amend the National Emergencies Act and the Public Health Service Act to prevent the declaration of a federal emergency related to abortion. Specifically, the bill states that the President cannot declare a national emergency for the purpose of promoting or expanding access to abortion or taking legal actions against states that choose to restrict abortion rights. This legislative measure is significant as it redefines the circumstances under which federal emergencies can be declared, focusing on the contentious issue of abortion.
Contention
The bill is likely to incite considerable debate within legislative circles and the public. Proponents argue that it protects states' rights to govern their own laws concerning abortion, thereby allowing local sentiment to dictate legal standards without federal interference. Conversely, opponents of HB1143 contend that it could reinforce barriers to abortion access, particularly in states where abortion laws are already severe. This discussion points to broader themes of individual rights versus governmental control, reflecting deep societal divides over the issue of reproductive healthcare.
Teleabortion Prevention Act of 2023 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit for the patient. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.
Protecting Life from Chemical Abortions Act This bill nullifies certain changes made by the Food and Drug Administration (FDA) to dispensing requirements for mifepristone. (Mifepristone is a drug that is approved to end pregnancies through 10 weeks gestation when used in conjunction with the drug misoprostol. The procedure is often referred to as medication abortion or the abortion pill.) The FDA regulates the use of mifepristone through the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) program. The program requires health care providers to comply with certain requirements in order to prescribe or dispense mifepristone to end a pregnancy; the program previously included an in-person dispensing requirement that required mifepristone to be directly dispensed to patients in clinics, medical offices, or hospitals. During the COVID-19 public health emergency, the FDA temporarily stopped enforcing the in-person dispensing requirement, which allowed mail-order pharmacies to fill and dispense mifepristone prescriptions. In January 2023, the FDA modified program requirements so as to (1) remove the in-person dispensing requirement, and (2) require pharmacies to be certified in the program in order to dispense mifepristone. The modifications allow retail pharmacies, after receiving certification, to dispense mifepristone pursuant to prescriptions that are written by program-certified prescribers. The bill nullifies the January 2023 changes and prohibits the FDA from (1) exercising any enforcement discretion with respect to program requirements, or (2) reducing program protections until every state submits certain data regarding abortions to the Centers for Disease Control and Prevention. The bill also generally prohibits the declaration of a public health emergency with respect to abortions.