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By the authority vested in me as President by the Structure and the legal guidelines of america of America, it is hereby ordered as follows:
Part 1. Coverage. Practically 50 years in the past, Roe v. Wade, 410 U.S. 113 (1973), articulated america Structure’s safety of ladies’s elementary proper to make reproductive healthcare choices. These deeply personal choices shouldn’t be topic to authorities interference. But right now, elementary rights — to privateness, autonomy, freedom, and equality — have been denied to hundreds of thousands of ladies throughout the nation.
Eliminating the correct acknowledged in Roe has already had and can proceed to have devastating implications for ladies’s well being and public well being extra broadly. Entry to reproductive healthcare providers is now threatened for hundreds of thousands of Individuals, and particularly for many who dwell in States which might be banning or severely proscribing abortion care. Girls’s well being clinics are being pressured to shut — together with clinics that supply different preventive healthcare providers resembling contraception — leaving many communities with out entry to important reproductive healthcare providers. Girls searching for abortion care — particularly these in low-income, rural, and different underserved communities — now should journey to jurisdictions the place providers stay authorized however the price or dangers.
Within the face of this well being disaster, the Federal Authorities is taking motion to guard healthcare service supply and promote entry to important reproductive healthcare providers, together with abortion. It stays the coverage of my Administration to assist girls’s proper to decide on and to guard and defend reproductive rights. Doing so is important to justice, equality, and our well being, security, and progress as a Nation.
Sec. 2. Definitions. (a) The time period “company” means any authority of america that’s an “company” below 44 U.S.C. 3502(1), aside from one thought-about to be an impartial regulatory company, as outlined in 44 U.S.C. 3502(5).
(b) The time period “reproductive healthcare providers” means medical, surgical, counseling, or referral providers regarding the human reproductive system, together with providers regarding being pregnant or the termination of a being pregnant.
Sec. 3. Defending Entry to Reproductive Healthcare Providers. (a) Inside 30 days of the date of this order, the Secretary of Well being and Human Providers shall submit a report back to the President:
(i) figuring out potential actions:
(A) to guard and broaden entry to abortion care, together with treatment abortion; and
(B) to in any other case defend and broaden entry to the complete vary of reproductive healthcare providers, together with actions to reinforce household planning providers resembling entry to emergency contraception;
(ii) figuring out methods to extend outreach and schooling about entry to reproductive healthcare providers, together with by launching a public consciousness initiative to supply well timed and correct details about such entry, which shall:
(A) share details about the right way to receive free or diminished value reproductive healthcare providers by means of Well being Assets and Providers Administration-Funded Well being Facilities, Title X clinics, and different suppliers; and
(B) embody selling consciousness of and entry to the complete vary of contraceptive providers, in addition to know-your-rights data for these searching for or offering reproductive healthcare providers; and
(iii) figuring out steps to make sure that all sufferers ‑- together with pregnant girls and people experiencing being pregnant loss, resembling miscarriages and ectopic pregnancies — obtain the complete protections for emergency medical care afforded below the legislation, together with by contemplating updates to present steerage on obligations particular to emergency situations and stabilizing care below the Emergency Medical Therapy and Labor Act, 42 U.S.C. 1395dd, and offering knowledge from the Division of Well being and Human Providers regarding implementation of those efforts.
(b) To advertise entry to reproductive healthcare providers, the Legal professional Basic and the Counsel to the President shall convene a gathering of personal professional bono attorneys, bar associations, and public curiosity organizations as a way to encourage legal professionals to signify and help sufferers, suppliers, and third events lawfully searching for these providers all through the nation.
Sec. 4. Defending Privateness, Security, and Safety. (a) To handle potential heightened security and safety dangers associated to the availability of reproductive healthcare providers, the Legal professional Basic and the Secretary of Homeland Safety shall take into account actions, as applicable and in step with relevant legislation, to make sure the protection of sufferers, suppliers, and third events, and to guard the safety of clinics (together with cell clinics), pharmacies, and different entities offering, meting out, or delivering reproductive and associated healthcare providers.
(b) To handle the potential risk to affected person privateness attributable to the switch and sale of delicate health-related knowledge and by digital surveillance associated to reproductive healthcare providers, and to guard folks searching for reproductive well being providers from fraudulent schemes or misleading practices:
(i) The Chair of the Federal Commerce Fee (FTC) is inspired to think about actions, as applicable and in step with relevant legislation (together with the Federal Commerce Fee Act, 15 U.S.C. 41 et seq.), to guard shoppers’ privateness when searching for details about and provision of reproductive healthcare providers.
(ii) The Secretary of Well being and Human Providers shall take into account actions, together with offering steerage below the Well being Insurance coverage Portability and Accountability Act, Public Regulation 104-191, 110 Stat. 1936 (1996) as amended by Public Regulation 111-5, 123 Stat. 115 (2009), and every other statutes as applicable, to strengthen the safety of delicate data associated to reproductive healthcare providers and bolster patient-provider confidentiality.
(iii) The Secretary of Well being and Human Providers shall, in session with the Legal professional Basic, take into account actions to teach shoppers on how greatest to guard their well being privateness and restrict the gathering and sharing of their delicate health-related data.
(iv) The Secretary of Well being and Human Providers shall, in session with the Legal professional Basic and the Chair of the FTC, take into account choices to handle misleading or fraudulent practices associated to reproductive healthcare providers, together with on-line, and to guard entry to correct data.
Sec. 5. Coordinating Implementation Efforts. (a) The Secretary of Well being and Human Providers and the Director of the Gender Coverage Council shall set up and co-chair an Interagency Job Drive on Reproductive Healthcare Entry (Job Drive). Extra members shall embody the Legal professional Basic and the heads of different companies as decided by the Secretary of Well being and Human Providers and the Director of the Gender Coverage Council. The Job Drive shall work to establish and coordinate actions to guard and strengthen entry to important reproductive healthcare providers. As well as, the Job Drive shall coordinate Federal interagency policymaking, program growth, and outreach efforts to handle boundaries that people and entities might face in searching for and offering reproductive healthcare providers. The Division of Well being and Human Providers shall present funding and administrative assist as could also be vital for the efficiency and capabilities of the Job Drive.
(b) The Legal professional Basic shall present technical help, as applicable and in step with relevant legislation, regarding Federal constitutional protections to States searching for to afford authorized safety to out-of-State sufferers and suppliers who provide authorized reproductive healthcare.
Sec. 6. Basic Provisions. (a) Nothing on this order shall be construed to impair or in any other case have an effect on:
(i) the authority granted by legislation to an government division or company, or the top thereof; or
(ii) the capabilities of the Director of the Workplace of Administration and Finances regarding budgetary, administrative, or legislative proposals.
(b) This order shall be carried out in step with relevant legislation and topic to the provision of appropriations.
(c) This order isn’t supposed to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at legislation or in fairness by any social gathering towards america, its departments, companies, or entities, its officers, workers, or brokers, or every other particular person.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
July 8, 2022.
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