42 U.S.C. § 238n — Abortion-related discrimination in governmental activities regarding training and licensing of physicians

submitted 82 years ago by Pub. L. 104-134 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 461 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal government, and states or localities that get federal money, cannot punish a health care entity for refusing to train in, perform, or refer for abortions. Postgraduate physician training programs that refuse to require abortion training still count as accredited for government purposes.

(a) In general: The federal government, and any state or local government receiving federal financial assistance, cannot discriminate against a health care entity because it: (1) refuses to train in performing induced abortions, to require or offer such training, to perform abortions, or to refer patients for abortion training or abortions; (2) refuses to make arrangements for any of those things; or (3) attends or attended a training program that does not, or did not, perform induced abortions or require, provide, refer for, or arrange abortion training. (b) Accreditation of postgraduate physician training programs: When deciding whether to license, certify, or fund a health care entity, the government must treat as accredited any postgraduate physician training program that would be accredited except that the accrediting agency relies on a standard requiring abortion performance or training - no matter whether that standard has exceptions. The government involved must write rules or make agreements with accrediting agencies as needed to follow this rule. This does not change the separate rules in section 292d(a)(2)(B)(i) about insured training loans. It also does not stop any health care entity from voluntarily choosing to train in, perform, or refer for abortions, and does not stop an accrediting agency or government from setting medical-competency standards that apply only to people who voluntarily chose to perform abortions. (c) Definitions: "Financial assistance" includes government payments provided as reimbursement for health-related activities. "Health care entity" includes an individual physician, a postgraduate physician training program, and a participant in a health-profession training program. "Postgraduate physician training program" includes a residency training program.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Federal Government, and any State or local government that receives Federal financial assistance, may not subject any health care entity to discrimination on the basis that—

(1)

the entity refuses to undergo training in the performance of induced abortions, to require or provide such training, to perform such abortions, or to provide referrals for such training or such abortions;

(2)

the entity refuses to make arrangements for any of the activities specified in paragraph (1); or

(3)

the entity attends (or attended) a post-graduate physician training program, or any other program of training in the health professions, that does not (or did not) perform induced abortions or require, provide or refer for training in the performance of induced abortions, or make arrangements for the provision of such training.

(b) Accreditation of postgraduate physician training programs

(1) In general

In determining whether to grant a legal status to a health care entity (including a license or certificate), or to provide such entity with financial assistance, services or other benefits, the Federal Government, or any State or local government that receives Federal financial assistance, shall deem accredited any postgraduate physician training program that would be accredited but for the accrediting agency’s reliance upon an accreditation standards 1 that requires an entity to perform an induced abortion or require, provide, or refer for training in the performance of induced abortions, or make arrangements for such training, regardless of whether such standard provides exceptions or exemptions. The government involved shall formulate such regulations or other mechanisms, or enter into such agreements with accrediting agencies, as are necessary to comply with this subsection.

(2) Rules of construction

(A) In general

With respect to subclauses (I) and (II) of section 292d(a)(2)(B)(i) of this title (relating to a program of insured loans for training in the health professions), the requirements in such subclauses regarding accredited internship or residency programs are subject to paragraph (1) of this subsection.

(B) Exceptions

This section shall not—

(i)

prevent any health care entity from voluntarily electing to be trained, to train, or to arrange for training in the performance of, to perform, or to make referrals for induced abortions; or

(ii)

prevent an accrediting agency or a Federal, State or local government from establishing standards of medical competency applicable only to those individuals who have voluntarily elected to perform abortions.

For purposes of this section:

(1)

The term “financial assistance”, with respect to a government program, includes governmental payments provided as reimbursement for carrying out health-related activities.

(2)

The term “health care entity” includes an individual physician, a postgraduate physician training program, and a participant in a program of training in the health professions.

(3)

The term “postgraduate physician training program” includes a residency training program.

Source credit: (July 1, 1944, ch. 373, title II, § 245, as added Pub. L. 104–134, title I, § 101(d) [title V, § 515], Apr. 26, 1996, 110 Stat. 1321–211, 1321–245; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 104-134 · 110 Stat. 1321
1996Amended · Pub. L. 104-140 · 110 Stat. 1327

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-134 on 1944-07-01.

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