S. 1975

Women's Health Protection Act of 2021

This bill prohibits governmental restrictions on the provision of, and access to, abortion services.

Specifically, governments may not limit a provider's ability to

• prescribe certain drugs,
• offer abortion services via telemedicine, or
• immediately provide abortion services when the provider determines a delay risks the patient's health.

Furthermore, governments may not require a provider to

• perform unnecessary medical procedures,
• provide medically inaccurate information,
• comply with credentialing or other conditions that do not apply to providers whose services are medically comparable to abortions, or
• carry out all services connected to an abortion.

In addition, governments may not (1) require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining such services, or (2) prohibit abortion services before fetal viability or after fetal viability when a provider determines the pregnancy risks the patient's life or health.

The bill also prohibits other governmental measures that are similar to the bill's specified restrictions or that otherwise single out and impede access to abortion services, unless a government demonstrates that the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means.

The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations.

The bill applies to restrictions imposed both prior and subsequent to the bill's enactment.