Federal Bill Threatens 5 Years in Prison for Providers Over Medical Waste Disposal

The “Respectful Treatment of Unborn Remains Act of 2025” introduces a new federal rule targeting how abortion providers handle medical waste. Simply put, this bill makes it a federal crime—punishable by up to five years in prison, heavy fines, or both—for an abortion provider to dispose of fetal remains or associated medical waste into any publicly owned water system, like a drain or city sewer line (Sec. 2).

The New Criminal Risk for Providers

This is a significant change because it takes what is typically regulated as medical waste disposal—a complex area usually handled by state health and environmental agencies—and elevates a violation to a serious federal felony. The bill defines “Fetal Remains” broadly to include the remains themselves plus “any other medical waste connected to the abortion procedure.” This means providers must be hyper-vigilant about what goes down the drain, and the ambiguity of “any other medical waste” could create compliance nightmares. For the medical professional, this bill raises the stakes on procedural compliance from a regulatory fine to a potential prison sentence, which could lead to facilities closing or reducing services due to the risk.

Shielding the Patient, Chilling the Service

One clear provision is that the patient who undergoes the abortion is explicitly protected from any liability related to this specific disposal violation (Sec. 2). This is important: the criminal liability falls squarely on the “Abortion Provider,” defined as the person performing the procedure. However, while the patient is protected, the high criminal threat against providers could have a chilling effect on access. If a clinic faces the risk of federal felony charges for something as common as waste disposal, the operational overhead and risk exposure increase dramatically. For someone relying on a local clinic, this could mean that facility decides the risk is too high and closes its doors, forcing patients to travel farther for care.

What About Existing Rules?

The bill makes it clear that this new federal law doesn't override any existing state or local rules that are stricter regarding the disposal of fetal remains in public water systems (Sec. 2). This means providers operating in states with existing regulations now have to navigate two layers of law—the state’s rules and this new, harsh federal criminal statute. For the provider, this creates a complex, high-stakes regulatory landscape where a simple procedural mistake could end in a prison term, a scenario that is highly unusual for medical waste compliance.