PolicyBrief
H.R. 78
119th CongressJan 3rd 2025
Pregnant Women Health and Safety Act of 2025
IN COMMITTEE

The "Pregnant Women Health and Safety Act of 2025" mandates that physicians performing abortions have admitting privileges at a nearby hospital and that abortion clinics meet specific health and safety standards to receive federal funding.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

New Abortion Restrictions Set to Take Effect: Physicians Face Jail Time, Clinics Risk Losing Federal Funding

This new law, going by the name "Pregnant Women Health and Safety Act of 2025," brings some serious changes to abortion access and how it's regulated. It boils down to two major things: tighter rules for doctors and stricter standards for clinics that could impact where and how women can access these services.

Doctor's Orders: New Hurdles for Physicians

This law puts a new requirement on doctors performing abortions: they must have admitting privileges at a hospital within 15 miles of both their main office and where the abortion is performed (SEC. 2). Think of it like this: if you're a carpenter, you need a specific license to operate certain machinery. This is similar, but instead of machinery, it's about where a doctor can practice based on their hospital connections.

They also have to tell the patient, up front, which hospital that is, so the patient knows where to go if there are any complications. If a doctor doesn't follow these rules, they could face fines, up to 2 years in prison, or both (SEC. 2). The law is clear, though: the woman having the abortion cannot be prosecuted under this section.

Clinic Check: New Standards, Potential Closures

This is where things get even more complicated. To get any federal funding, abortion clinics now have to meet a bunch of new standards (SEC. 3). They need to be state-licensed and follow the same rules as ambulatory surgery centers (places that do outpatient surgeries). This could mean major renovations or changes for some clinics. Imagine your local bakery suddenly having to meet the same building codes as a major food processing plant – it's a big, and potentially expensive, shift. The state board of health can waive some of the structural requirements, but it's not a guarantee (SEC. 3).

The bill defines an "abortion clinic" very specifically: any facility (except hospitals and those already-defined surgery centers) where abortions are performed at any point during pregnancy within a 12-month period (SEC. 3). This broad definition could pull in a lot of facilities that weren't previously considered "abortion clinics."

Real-World Ripple Effects

  • Rural Access: For folks in rural areas, this could be a major problem. If a doctor can't get admitting privileges at a nearby hospital (which might be further than 15 miles away), they might not be able to perform abortions in that area at all. This could mean longer travel times and higher costs for patients.
  • Clinic Shutdowns: Some clinics, especially smaller ones or those in underserved areas, might not be able to afford the upgrades required to meet the new standards. This could lead to closures, further limiting access.
  • Increased Costs: Even if clinics can stay open, the added regulatory burden could drive up the cost of abortions, making them less affordable for many.
  • Physician Shortages: If doctors find it to be more of hassle to get admitting privileges, some doctors may stop providing abortions altogether.

Essentially, this law adds layers of regulation that could make it harder for women to access abortion services, particularly in certain areas, and could put doctors in a tough spot legally if they don't comply with every detail.