Pregnant Women Health and Safety Act of 2025
- Bill Number
- H.R. 78
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-02-05T15:34:54Z
AI-Generated Summary
Summary of H.R. 78: Pregnant Women Health and Safety Act of 2025
Purpose
The legislation aims to enhance the safety of pregnant women undergoing abortion procedures by imposing specific requirements on physicians and abortion clinics. It seeks to ensure access to hospital care and regulatory compliance for facilities performing abortions, while tying federal funding to these standards.
Key Provisions
- Physician Requirements (Section 2):
- Defines a "physician" as a doctor of medicine or osteopathy licensed by the state to practice, or any individual authorized by the state to perform abortions.
- Physicians performing abortions must:
- Hold admitting privileges (permission to admit patients) at a hospital within 15 miles of their main office and the abortion location.
- Inform the patient, at the time of the procedure, about the hospital where they can receive follow-up care if complications occur.
- It is illegal for a physician to perform an abortion without meeting these requirements if the procedure affects interstate or foreign commerce.
- Penalties for violations include fines, up to 2 years in prison, or both.
- Women receiving the procedure cannot be prosecuted under this law, nor for related conspiracy or aiding charges.
- Abortion Clinic Requirements (Section 3):
- Defines an "abortion clinic" as any facility (other than a hospital or ambulatory surgical center) that performs abortions in the first, second, or third trimester during a 12-month period.
- To receive federal funds or assistance, clinics must:
- Be licensed by the state where they operate.
- Meet the standards for ambulatory surgical centers (outpatient surgery facilities) under Medicare law (Title XVIII of the Social Security Act), excluding requirements for a "certificate of need" (a state approval for new facilities).
- States' health boards can request waivers from the U.S. Secretary of Health and Human Services for certain building-related (structural) requirements to ease compliance.
- Technical Changes:
- Amends Chapter 74 of Title 18 of the U.S. Code (criminal laws) by removing "Partial-Birth" from the chapter title, making it simply "Abortions," and adding a new section (1532) on prohibited procedures.
- Updates the table of contents in the U.S. Code to reflect these changes.
Significant Changes to Existing Law
- Expands federal criminal oversight of abortions beyond the prior focus on "partial-birth" abortions (previously covered in Section 1531) to include broader procedural safeguards.
- Introduces new federal mandates for physician privileges and patient notifications, which were not previously required under federal criminal law.
- Conditions federal funding for abortion clinics on state licensing and Medicare-like surgical center standards, potentially federalizing some aspects of clinic regulation that were previously state matters.
- Adds explicit protections against prosecuting women for abortions, aligning with but expanding existing federal precedents.
Potential Impacts
- On Government Agencies: The Department of Health and Human Services (HHS) would oversee waivers and enforcement of clinic standards, increasing administrative workload. Federal funding agencies (e.g., for public health programs) must verify clinic compliance before disbursing funds, potentially leading to audits or denials.
- On Citizens: Pregnant women may face improved safety through better access to follow-up care but could experience reduced access to abortions if clinics close due to compliance costs or physician privilege requirements. Physicians risk criminal penalties, which might deter some from performing procedures.
- On International Relations: Minimal direct impact, though the law's focus on interstate commerce could indirectly affect cross-border medical practices or aid programs involving reproductive health.
- Broader effects include potential clinic closures in underserved areas, higher costs for compliant facilities, and shifts in how states regulate abortions to align with or challenge federal rules.
Main Stakeholders Affected
- Physicians and Healthcare Providers: Directly regulated, with new obligations that could limit who can perform abortions.
- Abortion Clinics and Facilities: Must meet licensing and surgical standards to access federal funds, affecting operations and funding.
- Pregnant Women: Primary beneficiaries of safety measures but potentially impacted by changes in abortion availability.
- State Governments: Responsible for licensing and may seek waivers; could see shifts in regulatory authority.
- Federal Agencies (e.g., HHS, Department of Justice): Involved in enforcement, waivers, and prosecutions.
- Advocacy Groups: Pro-life and pro-choice organizations, as the bill touches on reproductive rights and healthcare access.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates new federal crimes under Title 18, enforceable via the interstate commerce clause, but may invite lawsuits over enforcement consistency across states. The waiver provision allows flexibility but could lead to uneven application.
- Constitutional: Post the 2022 Dobbs v. Jackson decision (which returned abortion regulation to states), this federal law could be challenged as overreach, potentially conflicting with state laws or raising "undue burden" claims under the 14th Amendment if it restricts access without sufficient health justification. The non-prosecution of women reinforces privacy protections but does not alter broader abortion rights debates.
- Political: Likely to spark partisan debate, with supporters viewing it as a safety measure and opponents as a restriction on reproductive healthcare. Referred to House Judiciary and Energy and Commerce Committees, indicating potential for amendments or gridlock in a divided Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-01-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Pregnant Women Health and Safety Act of 2025 — issued 2025-01-03 — PDF (4 pages)