Title 42 — The Public Health and WelfareRelease 119-73

§238n Abortion-related discrimination in governmental activities regarding training and licensing of physicians

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER I— - ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part Part B— - Miscellaneous Provisions › § 238n

Last updated Apr 6, 2026|Official source

Summary

Stops the federal government and any state or local government that gets federal money from treating health care providers or training programs badly because they refuse to take part in or offer training in how to do induced abortions, refuse to perform abortions, refuse to refer people for abortion training or services, or attended training that does not include abortions. If an accrediting group would deny a postgraduate physician training program only because it requires abortion-related training, the government must treat that program as accredited and make whatever rules or agreements are needed so that the program keeps its status. The same rule applies to rules about accredited internships or residency programs tied to certain federal loan programs. It does not stop a provider or program from choosing to be trained, to train others, to perform, or to refer for abortions. It also does not stop accrediting groups or governments from setting training or competency rules for people who voluntarily choose to perform abortions. Financial assistance: government payments for health activities. Health care entity: includes individual doctors, postgraduate training programs, and people in training. Postgraduate physician training program: includes residency programs.

Full Legal Text

Title 42, §238n

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(1)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 11 So in original. Probably should be “standard”. 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)(A)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)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.

(c)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 238n

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73