I

104TH CONGRESS

1ST SESSION H. R. 1932

To amend the Public Health Service Act to prohibit governmental discrimination in the training and licensing of health professionals on the basis

of the refusal to undergo or provide training in the performance of

induced abortions, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1995

Mr. HOEKSTRA (for himself, Mr. COBURN, Mr. WELDON of Florida, Mr.

VOLKMER, Mr. LAFALCE, and Mr. CANADY of Florida) introduced the

following bill; which was referred to the Committee on Commerce

A BILL

To amend the Public Health Service Act to prohibit governmental discrimination in the training and licensing of

health professionals on the basis of the refusal to undergo or provide training in the performance of induced

abortions, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Medical Training Non5 discrimination Act of 1995’’.
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1 SEC. 2. ESTABLISHMENT OF PROHIBITION AGAINST ABOR2 TION-RELATED DISCRIMINATION IN TRAIN3 ING AND LICENSING OF PHYSICIANS.

4 Part B of title II of the Public Health Service Act

5 (42 U.S.C. 238 et seq.) is amended by adding at the end

6 the following section:

7 ‘‘ABORTION-RELATED DISCRIMINATION IN GOVERN8 MENTAL ACTIVITIES REGARDING TRAINING AND LI9 CENSING OF PHYSICIANS

10 ‘‘SEC. 245. (a) IN GENERAL.—The Federal Govern11 ment, and any State that receives Federal financial assist12 ance, may not subject any health care entity to discrimina13 tion on the basis that—

14 ‘‘(1) the entity refuses to undergo training in

15 the performance of induced abortions, to provide

16 such training, to perform such abortions, or to pro17 vide referrals for such abortions;

18 ‘‘(2) the entity refuses to make arrangements

19 for any of the activities specified in paragraph (1);

20 or

21 ‘‘(3) the entity attends (or attended) a post22 graduate physician training program, or any other

23 program of training in the health professions, that

24 does not (or did not) require or provide training in

25 the performance of induced abortions, or make ar26 rangements for the provision of such training.
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1 ‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN

2 TRAINING PROGRAMS.—

3 ‘‘(1) IN GENERAL.—With respect to the govern4 ment involved, restrictions under subsection (a) in5 clude the restriction that, in granting a legal status

6 to a health care entity (including a license or certifi7 cate), or in providing to the entity financial assist8 ance, a service, or another benefit, the government

9 may not require that the entity be an accredited

10 postgraduate physician training program, or that the

11 entity have completed or be attending such a pro12 gram, if the applicable standards for accreditation of

13 the program include the standard that the program

14 must require or provide training in the performance

15 of induced abortions, or make arrangements for the

16 provision of such training.

17 ‘‘(2) RULE OF CONSTRUCTION.—With respect

18 to subclauses (I) and (II) of section 705(a)(2)(B)(i)

19 (relating to a program of insured loans for training

20 in the health professions), the requirements in such

21 subclauses regarding accredited internship or resi22 dency programs are subject to paragraph (1) of this

23 subsection.

24 ‘‘(c) DEFINITIONS.—For purposes of this section:
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1 ‘‘(1) The term ‘financial assistance’, with re2 spect to a government program, includes govern3 mental payments provided as reimbursement for car4 rying out health-related activities.

5 ‘‘(2) The term ‘health care entity’ includes an

6 individual physician, a postgraduate physician train7 ing program, and a participant in a program of

8 training in the health professions.

9 ‘‘(3) The term ‘postgraduate physician training

10 program’ includes a residency training program.’’.

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