Title 42, The Public Health and WelfareRelease 119-110

§238n Abortion-related Discrimination in Governmental Activities Regarding Training and Licensing of Physicians

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

Last updated Sep 23, 2026|Official source

Summary

Stops the federal government and any state or local government that gets federal money from punishing a health care provider or training program because it refuses to be trained in, to teach, to perform, or to refer patients for abortions, or because it attended a training program that does not do or require abortion training. When giving licenses, certificates, money, or other benefits, those governments must treat a residency or other postgraduate program as accredited if it would be accredited except for a rule that forces abortion-related training. Governments must make rules or agreements with accreditors to make this happen. It does not stop anyone from choosing to provide or get abortion training, or from setting skill rules for people who choose to perform abortions. financial assistance: government payments to cover health activities. health care entity: includes an individual doctor, a postgraduate training program, and a trainee. postgraduate physician training program: includes residency programs.

Full Legal Text

Title 42, §238n

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

(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 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.

(c)Definitions

For purposes of this section: (1)

(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

Sep 23, 2026

Release point: 119-110