DOVER, De – The Delaware House of Representatives passed legislation Tuesday that would protect patients and providers from facing legal action under other states' abortion laws.
Sponsored by Rep. Melissa Minor-Brown, Majority Leader Valerie Longhurst, and Sen. Kyle Evans Gay, House Bill 455 comes as the U.S. Supreme Court is expected to issue a ruling that could overturn Roe v. Wade.
“As a nurse, I have friends who have decided to have children – and friends who decided not to have children,” said Rep. Minor-Brown, (D) New Castle. “I believe we should have the option to do what we want with our bodies and have the privacy to make our own medical decisions while always receiving quality care from providers. We have come a long way to get to a place where women have access to safe, reproductive healthcare, and we refuse to move backward.”
Last month Rep. Tim Dukes (R) Laurel said he'll oppose legislation like this.
"I think this is just a matter of will we protect the most the vulnerable and innocent people in society?" he said.
HB 455 includes legal protections for providers, organizations, and patients, including out-of-state residents receiving abortion care in Delaware:
- Protects medical privacy. HB 455 would protect communications and records concerning reproductive health services, unless those records are needed to investigate claims of abuse against a provider.
- Limits extradition. The legislation would protect individuals from extradition to other states for criminal charges related to terminating a pregnancy.
- Shields individuals from civil actions. Under HB 455, those who seek, obtain, provide, or assist others in obtaining legal reproductive healthcare would be protected from civil actions in another state.
- Provides a cause of action. HB 455 would provide a cause of action where someone sued in another state for allegedly receiving or providing abortion services that are legal in Delaware can recover related costs, damages, or attorney fees.
- Protects professional licensees. The bill clarifies that medical professionals who perform, recommend, or provide legal reproductive health services in Delaware are not subject to other states’ abortion provider regulations.
- Binds insurance companies. The legislation would also prohibit insurers from increasing premiums or taking adverse actions against providers and organizations for providing legal reproductive health care services. This protection would extend to medical professionals who prescribe abortion medication via telehealth.
HB 455 now heads to the Senate for consideration.