US Department Of Health Says Doctors Can Offer Abortion If Mother's Life Is Threatened, Federal Law Protects

Illustration of abortion demonstrations in the US. (Wikimedia Commons/Conatw95)

JAKARTA - The administration of United States President Joe Biden said on Monday that health care providers should offer abortion services if a mother's life is at risk, a procedure performed under such circumstances would be protected under federal law, despite state restrictions.

The guidelines come days after President Joe Biden signed an executive order that eases access to services for terminating pregnancies following a US top court decision last month to overturn the Roe v. Wade, revoke the legalization of abortion.

The Department of Health & Human Services said on Monday doctors should provide that treatment if they believe a pregnant patient has an emergency medical condition, as defined by the Emergency Medical Care and Active Labor Act (EMTALA), and if abortion is a stabilizing treatment.

EMTALA requires medical facilities to determine, whether a person seeking treatment may be in labor or whether they are facing a health emergency situation and also protects providers, when offering legally required abortion services in such situations.

The department said emergencies included "ectopic pregnancy, complications of miscarriage, or an emerging hypertensive disorder, such as preeclampsia with severe features."

The guidelines do not reflect the new policy, but merely remind doctors and providers of their existing obligations under federal law, the health department said.

On Sunday, President Biden said he had asked his administration to consider whether he had the authority to declare a public health emergency over abortion.

Meanwhile, White House press secretary Karine Jean-Pierre yesterday said declaring a public health emergency does not necessarily free up resources, citing the experience of large federal spending on the government's response to COVID-19 and monkeypox.

"It also doesn't relinquish a significant amount of legal authority. So, that's why we haven't taken that action yet," Jean-Pierre told reporters.

However, he added: "Everything is on the table."

In a separate letter to providers, HHS Secretary Xavier Becerra said EMTALA protects healthcare providers' clinical judgment regardless of restrictions in the state in which they practice.