HONOLULU – November 16, 2022 – Physician and medical student leaders from all corners of medicine adopted policies critical to ensuring access to reproductive health care and preventing government interference in the practice of medicine in the post-Dobbs world.
Delegates to the Interim Meeting of the American Medical Association (AMA) House of Delegates adopted policies opposing the criminalization of pregnancy loss resulting from medically necessary care, supporting expanded access to abortion care, and more.
“Since the Dobbs decision, health care in the United States has been thrown into chaos, with life-or-death decisions deferred to hospital lawyers, patients needing care driven across state lines, and uncertainty over the future of access to reproductive health care,” said AMA President Jack Resneck Jr., M.D. “The AMA is steadfastly opposed to governmental interference in the practice of medicine, especially for well-established, medically necessary treatments. Patients and physicians need assurances that they won’t be accused of crimes for medically necessary treatment. Unfortunately, this is the post-Dobbs world we now face. The fact that medically necessary treatment can be criminalized speaks volumes about these misguided abortion laws. Physicians and other health care professionals must attempt to comply with vague, restrictive, complex, and conflicting state laws that interfere in the practice of medicine. These new policies will help the AMA to continue our advocacy and defend physicians in legislatures and the courts.”
The policies adopted by the House of Delegates include:
Opposing Criminalization for Pregnancy Loss Resulting from Medically Necessary Care
The AMA will oppose criminal charges against patients or physicians when pregnancy loss results from medically necessary treatment for cancer and other illnesses. The AMA also will advocate that physicians and patients should not be held civilly or criminally liable in cases when pregnancy loss results from medically necessary care.
Recent changes in abortion laws have sown confusion that has prompted insurance providers, pharmacies, and medical offices to restrict the use of medically necessary treatments — even in states where abortion is legal. Pharmacists have resisted filling needed medications on the basis that they could be used off-label for pregnancy termination, and they could face criminal charges. Pregnant patients have faced criminal prosecution in the face of medically necessary care.
AMA Clarifies Ethical Guidance Regarding Abortion Bans
The AMA’s Principles of Medical Ethics have long acknowledged that when the letter of the law would foreclose urgently needed care, physicians must have latitude to act in accord with their best professional judgment. The newly amended ethical guidance clarifies this principle in the context of abortion, expressly permitting physicians to perform abortions in keeping with good medical practice.
“Caught between good medicine and bad law, physicians struggle to meet their ethical duties to patients’ health and well-being, while attempting to comply with reckless government interference in the practice of medicine that is dangerous to the health of our patients,” Dr. Resneck said. “Under extraordinary circumstances, the ethical guidelines of the profession support physician conduct that sides with their patient’s safety and health, acknowledging that this may conflict with legal constraints that limit access to abortion or reproductive care.”
Today’s action clarifies AMA’s ethical guidance on abortion and aligns with established AMA policies opposing government intrusion into patient-physician relationships as contrary to the appropriate exercise of professional judgment and physicians’ fiduciary obligation to protect patients’ well-being.
Physicians and medical students also directed the AMA to provide support, including legal support, as appropriate, and develop policies, strategies, and resources to assist physicians in navigating between ethical duties and legal requirements.
Expanding Support for Access to Abortion Care
To ensure broad and equitable access to abortion services called for by newly adopted policy, the AMA will advocate for public health programs and private insurers to cover those services. The AMA also will urge lawmakers to codify legal protections for physicians who provide abortion services.
“Reproductive care is health care. It’s that simple,” Dr. Resneck said. “Expecting patients, especially those covered by Medicaid, to shoulder the cost of abortion services is unrealistic. Our new policy is a roadmap for improving access and equity to ensure patients get the health care that they need.”
Preserving Access to Abortion Training for Physicians-in-Training
Although the Accreditation Council for Graduate Medical Education requires access to abortion training for all obstetrics and gynecology residents, nearly 45% of accredited programs are in states that have or are likely to ban abortion. New policy directs the AMA to ensure medical students and residents retain access to abortion training. Specifically, the AMA will advocate for the availability of abortion education and clinical exposure to medication and procedural abortion. The AMA will also advocate for funding for institutions that provide clinical training on reproductive health services, including medication and procedural abortion, to medical students and resident and fellow physicians from other programs, so that they can expand their capacity to accept out-of-state physicians-in-training who are seeking this training.
Under the new policy, the AMA will support pathways for medical students, residents and fellow physicians to receive medication and procedural abortion training at another location in the event that this training is limited or illegal in a home institution.
The American Medical Association is the physician’s powerful ally in patient care. As the only medical association that convenes 190+ state and specialty medical societies and other critical stakeholders, the AMA represents physicians with a unified voice to all key players in health care. The AMA leverages its strength by removing the obstacles that interfere with patient care, leading the charge to prevent chronic disease and confront public health crises, and, driving the future of medicine to tackle the biggest challenges in health care. For more information, visit ama-assn.org.
