# Women's Health Protection Act of 2023

This bill would protect a woman's right to have an abortion at the federal level. Right now, abortion laws vary dramatically from state to state because the Supreme Court overturned the national right to abortion in 2022, sending the decision back to individual states. This bill would essentially restore that national protection by saying that women have a federal right to get an abortion before their pregnancy reaches viability (the point when a fetus could survive outside the womb, typically around 23-24 weeks). After viability, states could still restrict abortion, but only if the procedure isn't necessary to protect the woman's health or life.

The bill would prevent states from banning abortion entirely or imposing severe restrictions before viability. It would also block states from requiring waiting periods, parental consent for minors, or other obstacles that make it harder for women to access abortion services. Additionally, it would protect healthcare providers who perform abortions from being prosecuted or sued under state laws. This means doctors in states with strict abortion bans wouldn't face criminal charges or lawsuits if they provided abortion care to patients.

Who this affects depends largely on where you live. Women in states with current abortion bans or severe restrictions would gain access to abortion services if this bill passes. Healthcare providers in those states would no longer face legal consequences for providing abortion care. However, women in states that already protect abortion rights wouldn't see much change. The bill essentially creates a national floor of abortion access, preventing any state from going below it while still allowing states to maintain their own protections if they choose to be more permissive.

Women’s Health Protection Act of 2023

Baldwin, Tammy

Women's Health Protection Act of 2023 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Before fetal viability, governments may not restrict providers from <ul> <li>using particular abortion procedures or drugs,</li> <li>offering abortion services via telemedicine, or</li> <li>immediately providing abortion services if delaying risks the patient's health. </li> </ul> Furthermore, governments may not require providers to <ul> <li>perform unnecessary medical procedures,</li> <li>provide medically inaccurate information, or</li> <li>comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions. </li> </ul> 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.