Topic: Abortion

Clinic safety

Clinic safety policies protect patients and providers from harassment, violence, and obstruction to ensure access to care. Examples include buffer zone laws, enhanced criminal penalties for clinic interference, and state-level enforcement mechanisms modeled after the federal Freedom of Access to Clinic Entrances Act.

Data privacy

Health data privacy laws limit the collection, use, and disclosure of sensitive health and location data. They can be specific to reproductive health care or sensitive services in general and help reduce the risk of surveillance or prosecution related to seeking and providing reproductive health care.

Decriminalization

In this context, decriminalization denotes laws that have removed criminal penalties for patients, providers, and/or those assisting in abortion or pregnancy care and outcomes. State measures include repealing criminal statutes related to abortion and clarifying that individuals cannot be prosecuted for self-managed abortion and pregnancy outcomes.

EMTALA

State-level EMTALA protections reinforce, expand upon and, in some cases, replicate the federal Emergency Medical Treatment and Labor Act by explicitly requiring hospitals to provide stabilizing care, including abortion when medically necessary. These laws ensure that emergency care obligations are clear and enforceable.

Insurance coverage

Insurance coverage policies expand affordability by requiring public and/or private plans to cover abortion and related reproductive health services.

Medication abortion

Medication abortion policies relate to access to medications that can be used to provide abortions, including some policies that increase access by allowing providers to prescribe via telehealth, expanding provider eligibility, and protecting the mailing and dispensing of abortion pills.

Rights

These laws establish a statutory or constitutional right to make personal decisions about reproductive health care, including abortion, safeguarding that right against future restrictions and protect against government and, in some cases, private interference.

Scope of practice

Scope of practice laws allow a broader range of health care providers to provide abortion care, including advanced clinical practitioners (ACPs), advanced practice registered nurses (APRNs), and physician assistants. This expands the provider network and improves access.

Shield laws

Shield laws protect providers and patients from out-of-state investigations and legal actions related to lawful reproductive health care delivered within the state. Examples include protections from extradition, protections for patient and provider personal data and information, and protections from licensure penalties for providers serving out-of-state patients.

State funding

States can directly allocate public resources to support reproductive health services, clinics, and abortion access, particularly for low-income or underserved populations. Examples include state abortion funds, grants to safety-net providers, and budget appropriations that replace or supplement funding cuts or gaps.