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Women’s Health Protection Act of 2023
2/1/2024, 8:30 AM
Summary of Bill HR 12
The Women's Health Protection Act of 2023 prohibits states from imposing restrictions on abortion that are not medically necessary and do not promote women's health and safety. This includes restrictions such as mandatory waiting periods, ultrasounds, and counseling requirements. The bill also prohibits states from enacting laws that target abortion providers with unnecessary regulations that make it difficult for them to operate.
Additionally, the Women's Health Protection Act of 2023 prohibits states from banning abortion before fetal viability, which is typically around 24 weeks of pregnancy. It also prohibits states from banning abortion based on the reason for seeking the procedure, such as a fetal diagnosis or the health of the pregnant person. Overall, the Women's Health Protection Act of 2023 aims to ensure that women have access to safe and legal abortion care without unnecessary barriers or restrictions. The bill has garnered support from reproductive rights advocates and organizations, who argue that it is crucial to protect women's access to healthcare and reproductive autonomy.
Congressional Summary of HR 12
Women's Health Protection Act of 2023
This bill prohibits governmental restrictions on the provision of, and access to, abortion services.
Before fetal viability, governments may not restrict providers from
- using particular abortion procedures or drugs,
- offering abortion services via telemedicine, or
- immediately providing abortion services if delaying risks the patient's health.
Furthermore, governments may not require providers to
- perform unnecessary medical procedures,
- provide medically inaccurate information, or
- comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions.
Additionally, governments may not require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining services.
After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient's life and health. The same provisions that apply to abortions before viability also apply to necessary abortions after viability. Additionally, states may authorize post-viability abortions in circumstances beyond those that the bill considers necessary.
Further, the bill recognizes an individual's right to interstate travel, including for abortion services.
The bill also prohibits governments from implementing measures that are similar to those restricted by the bill or that otherwise single out and impede access to abortion services, unless the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means.
The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.
