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U.S. Code/Title 42/§ 238n

Title 42

42

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42 U.S.C. § 238n.Chapter 6A

§ 238n

Abortion-related discrimination in governmental activities regarding training and licensing of physicians

Title 42
4 min read
Subchapter: ADMINISTRATION AND MISCELLANEOUS PROVISIONS

Need the full chapter outline? Open Chapter 6A to browse every section without loading the entire chapter explorer on this page.

Back to Chapter 6APrevious: § 238mNext: § 238o

((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.1

((2)) ** Rules of construction**

((A)) ** In general** With respect to subclauses (I) and (II) of (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.section 292d(a)(2)(B)(i) of this title

((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)) The term “financial assistance”, with respect to a government program, includes governmental payments provided as reimbursement for carrying out health-related activities.

((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.

Related Legislation

(4 bills)

Bills that would modify or reference this section of law.

HR-3411

Conscience Protection Act of 2025

August Pfluger

Texas representative

  1. house
  2. senate
  3. president
5/14/2025
HR-5304

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2026

Robert Aderholt

Alabama representative

9/11/2025
HR-9260

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2027

Robert Aderholt

Alabama representative

6/11/2026
S-1756

Conscience Protection Act of 2025

James Lankford

Oklahoma senator

  1. senate
  2. house
  3. president
5/14/2025
§ 238m

Release: pl-119-111 (2026-09-18)

§ 238o

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