The Women's Health Protection Act: Protecting the Patient-Provider Relationship

FACT SHEET
The Women’s Health Protection Act:
Protecting the Patient-Provider Relationship
JUNE 2016
Women’s access to abortion care is under attack in states across the country. From 2011 to 2016,
states enacted more than 300 abortion restrictions – more than in the entire previous decade.1
In 2015 alone, 17 states passed 57 abortion restrictions,2 making it increasingly difficult for
health care providers to offer abortion care and
for women to access this vital health care
“[L]awmakers increasingly intrude into
service. The Women’s Health Protection Act
the realm of medical practice, often to
(WHPA) (S. 217/H.R. 448), introduced by Sen.
Richard Blumenthal (D-Conn.) and Rep. Judy
satisfy political agendas without regard
Chu (D-Calif.), would begin to reverse the
to established, evidence-based
devastating impact of these attacks on women’s
guidelines for care.”— Leaders of the
access to abortion care. This important
American College of Physicians, American College of
legislation would ensure that women can make
Obstetricians and Gynecologists, American Academy
personal health care decisions for themselves
of Family Physicians, American Academy of Pediatrics
regardless of where they live while protecting
and American College of Surgeons, New England
the relationship between a woman and her
Journal of Medicine, Oct. 2012
health care provider.
The National Partnership for Women & Families urges members of Congress to pass this bill to
return health care decision making to women and their health care providers.
States are Passing Harmful Abortion Restrictions at a Record-Setting Pace
States have an important role to play in regulating the medical profession, but when those
regulations do not comport with medical standards or when they directly interfere in the
relationship between women and their health care providers, lawmakers have abused their
authority. Yet states across the country are increasingly enacting laws that mandate how
health care providers must practice medicine, regardless of the provider’s professional
judgment, ethical obligations and women’s needs.3 Legislatures pass these laws under the
guise of protecting women’s health, but in reality, they jeopardize it. These laws push abortion
care further out of reach and threaten the health, safety and well-being of women who are
unable to get the care they need.
WHPA Would Prohibit Restrictions That Target Abortion Care
States restrict access to abortion care by targeting clinics and health care providers as well as by
mandating interventions that are not based on medical evidence and that disregard the
individual woman’s needs and circumstances. WHPA would prohibit laws targeting abortion
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care that serve only to restrict access to abortion. In doing so, it would repair and protect the
patient-provider relationship by ensuring that women are able to get the care they need, and
that medical professionals – together with their patients – are able to make decisions based on
their best medical judgment and training. It would prohibit:
 Abortion-specific laws that impose stricter regulations than those imposed on comparable
medical care. Examples include:

Laws mandating unnecessary procedures, such as mandatory ultrasounds before
abortion care

Laws limiting a provider’s ability to administer medication based on the provider’s
medical training and judgment, such as requiring medication abortion be
administered in accordance with an outdated protocol

Laws prohibiting telemedicine in abortion care

Laws dictating unnecessary requirements for abortion clinics, such as mandating the
number of parking spaces or the square footage of a clinic

Laws requiring medically unnecessary hospital admitting privileges

Laws mandating medically unnecessary visits to an abortion clinic

Laws restricting a provider’s ability to delegate tasks related to abortion care to
another qualified provider

Laws that restrict or prohibit medical training for abortion procedures, unless the
limitation or prohibition applies equally to other comparable procedures
 Bans on pre-viability abortion care, including bans related to a woman’s reason for
obtaining an abortion
 Bans on post-viability abortion care that do not provide exceptions to preserve a woman’s
life or health
 Laws that mandate delays in care that could threaten a woman’s health
The growing trend of imposing ideology on medical care for political reasons must be stopped.
All women deserve accurate information, high-quality care and the treatment options that
best meet their needs. Health care providers should not be forced to choose between adhering
to their ethical and professional obligation to provide the best possible individualized care for
their patients and following laws enacted in pursuit of a political agenda.
The National Partnership urges you to pass the Women’s Health Protection Act to protect
women’s health and allow women and their health care providers, not politicians, to make
health care decisions.
1
Nash, E., Benson Gold, R., Rathbun, G. & Ansari-Thomas, Z. (2016, January 4). Laws Affecting Reproductive Health and Rights: 2015 State Policy Review. Retrieved 5 January 2015, from
http://www.guttmacher.org/statecenter/updates/2015/statetrends42015.html (stating that 288 abortion restrictions were enacted from 2011-2015); Guttmacher Institute (2016, June).
United States Abortion. Retrieved 7 June 2016, from https://www.guttmacher.org/united-states/abortion (stating that 29 abortion restrictions were enacted in the states in the first
four months of 2016).
2
Ibid.
3
National Partnership for Women & Families. (2016, February). Bad Medicine: How a Political Agenda is Undermining Women’s Health Care. Retrieved 7 June 2016, from
http://www.nationalpartnership.org/research-library/repro/bad-medicine-download.pdf
The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, access to quality health care and
policies that help women and men meet the dual demands of work and family. More information is available at www.NationalPartnership.org.
© 2016 National Partnership for Women & Families. All rights reserved.
NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | FACT SHEET | THE WOMEN’S HEALTH PROTECTION ACT
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