- The guidance does not reflect new policy, but reminds providers of existing obligations.
- Joe Biden asked his administration to consider whether he has authority to declare an abortion-related public health emergency.
- The White House has been under pressure from Biden’s own party to take action after the Supreme Court decision.
The Biden administration said on Monday that healthcare professionals; must provide abortion services if a mother’s life is in danger and that any operations carried out; in such situations would be get protection by federal law regardless of any state laws.
The advice released only days after President Joe Biden issued an executive order; to make it easier for women to get abortion services following the Supreme Court of the United States’; decision to reverse Roe v. Wade last month.
The Emergency Medical Treatment and Active Labor Act (EMTALA) defines an emergency medical condition; as one that requires immediate medical attention, according to the Department of Health & Human Services; and abortion is a “stabilising treatment”; in which case doctors are to offer that treatment.
In addition to protecting clinicians while providing legally required abortion services in such circumstances; EMTALA mandates that medical institutions identify whether a patient seeking care; may be in labour or whether they are experiencing an emergency medical issue.
In a statement, the agency listed ectopic pregnancy, pregnancy loss complications, and emergent hypertensive illnesses; such preeclampsia with severe characteristics as examples of emergency circumstances.
The advice only serves to remind physicians and other providers of their ongoing legal responsibilities; according to the health department, and does not reflect new policy.
On Sunday, Biden stated that he had asked his administration to determine if he was authorised to issue a public health emergency relating to abortion.
Declaring a public health emergency would not necessarily free up resources; according to Karine Jean-Pierre, the White House press secretary, who cited the government’s costly responses; to COVID-19 and monkey pox.
According to Jean-Pierre, “It also doesn’t unleash a considerable amount of legal authority.” Therefore, it is the reason we haven’t done that yet.
But she went on to say, “Everything is on the table.”
More than 70% of Americans believe that a woman and her doctor should decide; whether or not to have an abortion, according to a Reuters survey; and protecting abortion rights is a top concern for Democratic women.
EMTALA safeguards medical professionals’ clinical judgement independent of any limitations; imposed by the state in which they practise, according to HHS Secretary Xavier Becerra; in a separate letter to healthcare providers.
The professional and legal obligation of a doctor or other competent medical staff; to “give stabilising medical care, preempts any directly conflicting state legislation; or regulation that may otherwise prevent such treatment,” according to Becerra.
[embedpost slug=”joe-biden-signs-order-to-protect-abortion-rights/”]
Read more
