The Biden administration said Monday that federal law on emergency treatment guidelines preempts state laws in jurisdictions that now ban abortion procedures without any exceptions.
File: An ultrasound machine sits next to an exam table in an examination room at Whole Woman's Health of South Bend on June 19, 2019 in South Bend, Indiana.
"If a physician believes that a pregnant patient presenting at an emergency department is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment," the agency's guidance states.
"It is critical that providers know that a physician or other qualified medical personnel’s professional and legal duty to provide stabilizing medical treatment to a patient who presents to the emergency department and is found to have an emergency medical condition preempts any directly conflicting state law or mandate that might otherwise prohibit such treatment," HHS Secretary Xavier Becerra wrote in a letter to health care providers.
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