Pregnant Women Health and Safety Act of 2025
The Pregnant Women Health and Safety Act of 2025 (H.R. 78) was introduced in the 119th Congress by Rep. Biggs (AZ) with Rep. Allen as a cosponsor. The bill seeks to implement new federal restrictions on abortion procedures and to impose heightened regulatory and funding conditions on abortion providers. It would restructure Chapter 74 of Title 18 to create a specific prohibition related to certain abortion procedures, define who counts as a physician for these purposes, and impose criminal penalties on physicians who perform abortions without meeting the new requirements. In addition, the bill conditions federal funding for abortion clinics on state licensing and compliance with ambulatory surgery center standards, with limited flexibility for state waivers. The overall effect would be to tighten professional and facility requirements for abortion providers and to criminalize noncompliance, while also shaping how clinics can access federal support. In practical terms, the bill would require abortion doctors to have hospital admitting privileges within 15 miles of their main office and the abortion location, and to inform patients at the time of the procedure where they can receive follow-up care for potential complications. It would criminalize knowingly performing an abortion without meeting these requirements, with penalties including a fine and/or up to two years in prison. It would also restrict federal funding for abortion clinics to those licensed by the state and in compliance with certain federal ambulatory surgery center standards, though states could obtain waivers for some structural requirements. The bill defines “abortion clinic” as a non-hospital, non-ASC facility where first, second, or third-trimester abortions are performed within any 12-month period.
Key Points
- 1Requires physicians performing abortions to have admitting privileges at a hospital within 15 miles of their main office and the abortion location, and to notify patients of the hospital for follow-up care if complications arise.
- 2Prohibits knowingly performing an abortion that fails to meet the admission-privilege and notification requirements, with penalties of fines and/or up to 2 years in prison; protects patients from prosecution under this section.
- 3Conditions federal funding for abortion clinics on state licensing and compliance with ambulatory surgery center requirements under the Social Security Act, with a possible waiver by a state health board for certain structural requirements.
- 4Expands or restructures criminal and regulatory provisions by creating a new section (1532) titled “Prohibition on certain procedures,” and adjusting the chapter and part headings to reflect the focus on abortions.
- 5Provides a defined scope for what constitutes an “abortion clinic” (a facility other than a hospital or ASC where abortions are performed within any 12-month period).