II

104TH CONGRESS

1ST SESSION S. 971

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 SENATE OF THE UNITED STATES

JUNE 27 (legislative day, JUNE 19), 1995

Mr. COATS (for himself, Mr. HELMS, Mr. GREGG, and Mr. ASHCROFT) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

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, provide or arrange for

25 training in the performance of induced abortions, or
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1 make arrangements for the provision of such

2 training.

3 ‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN

4 TRAINING PROGRAMS.—

5 ‘‘(1) IN GENERAL.—With respect to the State

6 government involved, or the Federal Government, re7 strictions under subsection (a) include the restriction

8 that, in granting a legal status to a health care en9 tity (including a license or certificate), or in provid10 ing to the entity financial assistance, a service, or

11 another benefit, the government may not require

12 that the entity be an accredited postgraduate physi13 cian training program, or that the entity have com14 pleted or be attending such a program, if the appli15 cable standards for accreditation of the program in16 clude the standard that the program must require,

17 provide or arrange for training in the performance

18 of induced abortions, or make arrangements for the

19 provision of such training.

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

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

22 (relating to a program of insured loans for training

23 in the health professions), the requirements in such

24 subclauses regarding accredited internship or resi-
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1 dency programs are subject to paragraph (1) of this

2 subsection.

3 ‘‘(c) DEFINITIONS.—For purposes of this section:

4 ‘‘(1) The term ‘financial assistance’, with re5 spect to a government program, includes govern6 mental payments provided as reimbursement for car7 rying out health-related activities.

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

9 individual physician, a postgraduate physician train10 ing program, and a participant in a program of

11 training in the health professions.

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

13 program’ includes a residency training program.’’.

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