
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC238n]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 238n. Abortion-related discrimination in governmental 
        activities regarding training and licensing of physicians
        

(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 \1\ 
    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.
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    \1\ So in original. Probably should be ``standard''.
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                      (2) Rules of construction

        (A) In general

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

        (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.

(July 1, 1944, ch. 373, title II, Sec. 245, as added Pub. L. 104-134, 
title I, Sec. 101(d) [title V, Sec. 515], Apr. 26, 1996, 110 Stat. 1321-
211, 1321-245; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 
1996, 110 Stat. 1327.)
