Inslee directs Department of Health to affirm availability of emergency abortion care at Washington state hospitals
Gov. Jay Inslee issued a directive today requiring the Department of Health to affirm that hospitals in Washington state have a legal requirement to provide emergency abortion services.
Inslee’s directive comes as the nation nears the two-year anniversary of the U.S. Supreme Court’s Dobbs ruling that overturned Roe v. Wade. Today, the U.S. Supreme Court is poised to rule on another extreme anti-choice case known as Idaho v. United States and Moyle v. United States. This case out of Idaho would allow politicians to jail emergency room doctors for providing emergency abortion care.
“Ideological politicians are relentlessly interfering with the most private and crucial health care decisions a doctor and their patient will ever make, and now they’re doing so even when the life of a mother hangs in the balance,” Inslee said. “Fortunately, we’ve taken numerous steps in Washington to make sure patients in Washington are not subject to these horrors. Hospitals and clinics in Washington have become a haven for patients seeking the abortion care they can no longer access in other states. We will meet every challenge to women’s right of choice with an unwavering affirmation that Washington is and will remain a pro-choice state.”
Emergency abortion care is sometimes necessary when a patient is experiencing a medical emergency. Horror stories abound of patients who were denied abortion care and suffered tremendous pain, were forced to deliver babies with fatal disorders, or experienced life-altering harm — and even death.
The ruling could undermine a long-standing federal law known as the Emergency Medical Treatment and Labor Act (EMTALA) which has required hospitals to provide necessary emergency treatment to all patients, including abortion care.
“While pregnancy is often a wonderful experience for people, it can also have great risks,” said Dr. Sarah Prager, a professor of obstetrics and gynecology at the University of Washington School of Medicine. “Someone is more likely to die from being pregnant than from skydiving. Abortion is always safer than continuing a pregnancy, and never more so than when there is an emergent concern about the life or health of a pregnant person. It is critical that all clinicians are able to treat pregnant patients with life-saving care, including abortion care, when that is required.”
Current state law requires hospitals within Washington state to provide necessary emergency health care to all patients based on nationally recognized standards of care, including emergency abortion care. Inslee’s directive requires DOH to issue policy guidance that clarifies hospitals’ legal obligations and affirms that state law remains unchanged regardless of the SCOTUS ruling.
These laws include:
- Chapter 70.400 RCW protects medical professionals providing care for emergency pregnancy complications, such as miscarriage management and treatment for ectopic pregnancies.
- Chapter 9.02 RCW protects the right of pregnant individuals to make their own reproductive decisions.
- RCW 70.170.060 protects access to hospital emergency care, including emergency reproductive care, regardless of ability to pay.
- Chapter 70.03 RCW protects medical professionals providing medically accurate and comprehensive information to patients.
Since SCOTUS overturned Roe v. Wade in 2022, Inslee, Attorney General Bob Ferguson and legislators have taken several significant actions strengthening access to abortion and gender-affirming care in Washington state. Recent actions include:
- Increased funding for reproductive care clinics to meet surging demand for services as patients seek care from states where abortion has essentially been banned.
- Purchased and created a distribution plan for a three-year supply of mifepristone, a safe and commonly used abortion medication. Ferguson is co-leading a multi-state lawsuit challenging new FDA restrictions of the medication.
- A shield law to counteract attempts from anti-choice states and vigilantes who try to interfere with or harass anyone attempting to receive or provide care in Washington state. HB 1469 bans extraditions related to abortion and gender-affirming care legally provided in Washington.
- The My Health, My Data Act to increase privacy protections around collecting, sharing and selling consumer data.
- Elimination of cost-sharing for abortion care so the service remains affordable for all patients.
A video of the press conference is available on TVW.
