Pregnant Women Health and Safety Act of 2023 This bill establishes requirements for physicians who perform abortions and abortion clinics. Specifically, the bill requires a physician who performs an abortion (1) to have admitting privileges at a nearby hospital; and (2) at the time of the abortion, to notify the patient of the hospital location where the patient can receive follow-up care if complications arise. A physician who fails to comply is subject to criminal penalties—a fine, a prison term of up to two years, or both. A woman who undergoes an abortion may not be prosecuted. The bill also requires an abortion clinic, in order to receive federal funds or assistance, to (1) be licensed by the state in which it is located, and (2) be in compliance with federal standards for ambulatory surgical centers.
The bill imposes significant regulatory measures that, if enacted, would create additional hurdles for women seeking abortions as well as for clinics providing these services. Abortion clinics must be state-licensed and adhere to federal standards applicable to ambulatory surgery centers to qualify for federal funds or assistance. While proponents may argue that these measures are intended to enhance patient safety, critics contend that these regulations may disproportionately affect access to abortion services, particularly in underserved areas.
House Bill 116, entitled the 'Pregnant Women Health and Safety Act of 2023', aims to establish specific requirements for physicians and abortion clinics performing abortions across the United States. The legislation mandates that physicians must possess admitting privileges at a hospital within 15 miles of their primary medical office where the abortion is performed. Furthermore, physicians are required to inform patients about the location of the hospital for potential follow-up care in case of complications stemming from the abortion. Non-compliance with these requirements could result in severe penalties including fines and imprisonment up to two years for offending physicians.
The discussions surrounding HB 116 indicate a clear division among lawmakers and advocacy groups with strong opinions on both sides. Proponents of the bill claim that it prioritizes women's health by ensuring that qualified medical professionals oversee abortion procedures. In contrast, opponents argue that these restrictions represent an infringement on women's reproductive rights and could lead to the closure of clinics, thereby limiting access to necessary services. Moreover, the requirement for physicians to have admitting privileges could create practical challenges, particularly in regions with fewer hospital options.