Women’s Health Protection Act of 2023

What it does

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.

Summary by the Congressional Research Service, Mar 8, 2023 (Introduced in Senate). CRS summarizes bills impartially; it does not take positions.