By Diane Haven and Salli Swartz

 

THERE ARE A  NUMBER OF STATES WHICH ARE WORKING ON BILLS THAT PROTECT ABORTION PROVIDER PHYSICIANS

2025

ILLINOIS HB3163 – went to Committee on April 11, 2025 and still in Committee

This bill amends the Freedom of Information Act and the Reproductive Health Act to provide enhanced privacy protection for healthcare professionals who provide abortion-related care. The bill allows healthcare professionals to submit a written request to governmental agencies, businesses, or associations to prevent the disclosure of their personal information, which includes home addresses, phone numbers, email addresses, social security numbers, and other identifying details. If such a request is received, the agency or entity must remove and refrain from publicly posting the healthcare professional's personal information within a specified timeframe (5 business days for governmental agencies, 72 hours for other entities). The bill makes it unlawful to solicit, sell, or trade a healthcare professional's personal information with the intent to pose a threat to their health and safety. Furthermore, it establishes legal recourse for healthcare professionals, allowing them to seek injunctive or declaratory relief if their personal information is improperly disclosed. Notably, the bill creates a Class 3 felony offense for knowingly posting a healthcare professional's personal information online if such posting poses an imminent and serious threat and results in bodily injury or death. The legislation aims to protect abortion providers from potential harassment or targeting by ensuring the confidentiality of their personal information.

MARYLAND  H2370 – went to Committee on October 9 and still in Committee

This bill proposes significant changes to Massachusetts law regarding abortion access, particularly for pregnancies existing for 24 weeks or more. The bill aims to expand physician discretion in performing abortions by removing existing restrictive language that previously limited abortions to specific medical circumstances, such as preserving the patient's life, health, or addressing lethal fetal anomalies. Instead, the legislation would allow physicians to perform abortions based solely on their "professional judgment," effectively giving medical professionals broader decision-making authority. The bill eliminates several existing provisions that required independent review of abortion circumstances and removes subsections that previously mandated specific evaluative processes for later-term pregnancies. By striking out these detailed restrictions, the proposed legislation significantly simplifies the legal framework around abortion, placing more trust in physicians' medical expertise to make individualized healthcare decisions. These changes represent a substantial relaxation of existing abortion regulations in Massachusetts, potentially making access to abortion services more straightforward for patients, especially in cases of pregnancies beyond 24 weeks.

 

2026

GEORGIA B1313 – Introduced in Committee on February 12, 2026

This bill provides legal protections for healthcare professionals in Georgia who administer medical treatment to pregnant women, particularly concerning actions related to pregnancy outcomes. It amends existing laws to clarify that law enforcement agencies cannot arrest individuals for performing or aiding in abortions that comply with state law, or for administering treatment that may lead to an abortion, especially when necessary to avert the mother's death or prevent serious, irreversible harm. Furthermore, the bill states that individuals cannot be investigated or penalized for actions or omissions related to a pregnancy outcome, including miscarriage, stillbirth, ectopic pregnancy, abortion, or perinatal death. It also clarifies that a licensed physician providing medical treatment to a pregnant woman that results in accidental or unintentional injury to or death of an unborn child or performing an abortion to avert the mother's death or prevent serious bodily harm, will not be considered a criminal abortion under certain circumstances. Finally, it amends provisions related to medical licensing to ensure that disciplinary actions for "criminal abortion" are only applied when the actions violate the specific exceptions outlined in the bill.

GEORGIA HCR 6, HR 5, SCR 7, SR 7 – Introduced on January 23, 2026 

This bill and the one above basically cover the same scope– went to Committee February 13, 2026

This bill affirms and supports the legal requirement for hospitals to provide life-saving emergency care to pregnant individuals, including reproductive and abortion services when medically necessary to stabilize their condition, as mandated by the Emergency Medical Treatment and Active Labor Act (EMTALA). EMTALA, a federal law enacted in 1986, requires hospitals that receive Medicare funding to offer medical screening and stabilizing treatment to anyone with an emergency medical condition, regardless of their ability to pay. The resolution acknowledges that EMTALA has historically been interpreted to include abortion care as a necessary stabilizing treatment for life- or health-threatening conditions like severe bleeding or ectopic pregnancies, and it expresses concern over recent federal policy shifts that have created confusion and led to delays or denials of care in some states, particularly in areas with abortion bans. It also notes that EMTALA does not permit religious exemptions for providing this essential emergency care and emphasizes that failing to provide timely treatment can result in severe harm or death. The resolution commends Hawaii's hospitals for their existing commitment to providing such care and aims to reinforce public confidence and clarify the state's policy direction by formally supporting these established standards of care.

MARYLAND HB1131 – In Committee February 11, 2026

This bill, titled the Pregnancy Outcome Protection Act, aims to shield individuals who experience a pregnancy loss, defined as the unintentional or intentional death of a fetus or embryo during pregnancy or labor (including miscarriages, stillbirths, and self-managed abortions), from being investigated, facing civil lawsuits, or criminal charges, unless there is independent evidence of unrelated criminal conduct or consent is given to investigate another person's suspected criminal conduct related to the pregnancy. It also establishes a right for individuals to sue investigating entities that violate these protections and clarifies that a pregnancy loss alone cannot be used as probable cause for a search warrant, again with exceptions for independent evidence of unrelated criminal conduct or consent. Furthermore, healthcare providers, referred to as "providers" and including licensed professionals and facilities, are protected from investigation, criminal penalties, or civil liability for supporting a patient experiencing a pregnancy loss, and they cannot report or disclose medical records related to a pregnancy loss without specific exceptions like clear evidence of external abuse, independent evidence of unrelated criminal conduct, or the patient's consent. Violations of these provisions by providers, investigating entities (which include law enforcement and social services agencies), or any other person can result in misdemeanor charges with fines and potential imprisonment, with penalties increasing significantly for violations involving deception or false pretenses.

NEW JERSEY A2217 – in Committee January 13, 2026

This bill codifies and expands the authority of certain healthcare providers to perform abortions, while also clarifying operational requirements for abortion facilities. Specifically, it allows physician assistants (PAs), certified nurse midwives (CNMs), certified midwives (CMs), and advanced practice nurses (APNs) to perform aspiration abortions (procedures using suction to terminate a pregnancy) and administer medication abortions (using drugs to induce termination of pregnancy), consistent with their training and scope of practice. For PAs, this includes administering sedation and ordering, prescribing, dispensing, and administering medication abortions. CNMs authorized to prescribe can do the same for medication abortions, while others can provide them under a physician's standing order. APNs can also administer medication abortions. The bill also revises regulations for abortion facilities, stating they will not be required to be licensed as ambulatory surgical facilities or surgical practices if they perform procedures not requiring general anesthesia or an operating room, allowing these services to be conducted in procedure rooms. Additionally, entities seeking licensures such as ambulatory care facilities or surgical practices for early aspiration abortions will not face certain current limitations, provided they adhere to all applicable standards of care.

NEW JERSEY A2218 – in Committee January 13

This bill establishes protections for individuals seeking or providing reproductive and gender-affirming health care services, which are services related to reproductive health, managing infertility, and gender dysphoria or incongruence that are legal in this state. It creates a new crime called "interference with reproductive or gender-affirming health care services" for actions like inflicting bodily injury, obstructing access to facilities, intimidation, property damage, or unauthorized recording of individuals at these facilities, with penalties ranging from a disorderly persons offense to a second-degree crime depending on the severity of the interference. The bill also allows individuals to file civil lawsuits for such interference, with potential awards including damages and attorney fees, and authorizes the Attorney General to bring civil actions and impose penalties. Furthermore, it permits law enforcement to order the dispersal of gatherings that impede access to these facilities, making failure to comply a disorderly person’s offense. The bill prohibits licensing boards from penalizing healthcare providers solely for offering services legal in New Jersey but restricted elsewhere, and it declares that laws from other states attempting to prosecute or sanction such activities are against New Jersey's public policy and cannot be applied in state courts. It also strengthens protections for patient information related to these services and prevents individuals from being extradited to other states for providing or seeking care that is legal in New Jersey. Additionally, the bill affirms the fundamental right of individuals in New Jersey to choose assisted reproductive technology, including in vitro fertilization (IVF), and clarifies that fertilized eggs, embryos, or fetuses do not have independent rights under state law. Finally, it removes the requirement for a medical examiner to investigate fetal deaths occurring without medical attendance, aiming to prevent the criminalization of miscarriages or fetal complications.

NEW JERSEY S– in Committee January 13, 2026

This bill codifies and expands the authority of certain healthcare providers to offer abortion services, while also clarifying operational requirements for facilities providing these services. Specifically, it allows physician assistants (PAs), certified nurse midwives, certified midwives, and advanced practice nurses to perform aspiration abortions (procedures using suction to terminate a pregnancy) and administer medication abortions (using medication to induce termination of pregnancy), consistent with their training and scope of practice. For PAs, this includes administering sedation and ordering, prescribing, dispensing, and administering medication abortions. Certified nurse midwives and certified midwives can perform aspiration abortions with moderate sedation and provide medication abortions, either by prescribing them if authorized or under a physician's standing order if not. Advanced practice nurses can perform aspiration abortions with moderate sedation and administer medication abortions. The bill also clarifies that facilities primarily providing abortion procedures that do not require general anesthesia or an operating room will not be required to be licensed as ambulatory surgical facilities or surgical practices, and these services can be performed in procedure rooms; however, entities seeking licensure as ambulatory care facilities or surgical practices that perform early aspiration abortions will still need to adhere to all applicable regulations regarding the standard of care.

 

Updates on Shield Laws which Assist Women who use Medication Abortion

As of late 2025/early 2026, 18 US States have enacted "shield laws" to protect abortion providers, patients, those that assist providers and women and out-of-state investigations, subpoenas, and professional license penalties. These laws, primarily in Democratic-led states, aim to counter abortion bans in other states by prohibiting local authorities from cooperating with interstate investigations. 

Key Aspects of Protective Legislation

• Key States: California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, and Washington, D.C. have enacted these protections.
• Scope of Protections: Laws shield against out-of-state lawsuits, extradition, and professional licensure penalties for providing legal care in their home state.
• Telehealth Protections: Specific states—California, Colorado, Maine, Massachusetts, New York, Rhode Island, Vermont, and Washington—explicitly protect providers using telehealth to serve patients in restrictive states.
• Data Privacy: States like California have enacted legislation to prevent the sharing of medical or location data with out-of-state entities seeking to penalize providers.
• Executive Orders: Some states, including Pennsylvania, rely on executive orders to shield providers, while others have codified these protections into statute. 

Legal Context
These laws arose following the Dobbs decision, creating a legal conflict where states with "shield laws" refuse to comply with enforcement actions from states that have banned abortion.