The Massachusetts Senate adopted the Prioritizing Patients' Access to Care Act on Friday, sending the legislation to Governor Maura Healey. The bill would allow physicians to decide if abortions after 24 weeks of pregnancy are appropriate based on professional judgment.
Under current Massachusetts law, abortion is legal for the first 24 weeks of pregnancy, with exceptions permitted for a woman's life, physical or mental health, lethal fetal anomaly, or if the fetus is unlikely to survive outside the uterus. The Massachusetts legislative session is scheduled to end on July 31.
The vote count in the Massachusetts House for the Prioritizing Patients' Access to Care Act.
Arguments and opposition
Kelsey Pritchard, Communications Director for Susan B. Anthony Pro-Life America, stated that the new bill would allow abortion throughout the second and third trimesters if a physician signs off on it. Pritchard claimed the bill would essentially open the door to elective abortion at any point in pregnancy.
Opponents argue the new legislation would allow abortion until birth, including on healthy fetuses, viewing the removal of the prescriptive list of reasons as a move toward unrestricted abortion. Myrna Maloney Flynn, president of Massachusetts Citizens for Life, stated, “While this legislation prioritizes access, it does not prioritize a woman’s safety.”
Claire Teylouni, interim co-executive director of Reproductive Equity Now, cited a 2021 case where a woman had to leave Massachusetts for an abortion after her fetus suffered a stroke at 33 weeks because providers did not believe the case fit existing legal exceptions.
Broader legal landscape
The legislative move occurs amid varying abortion laws across the United States. Currently, 13 US states are enforcing bans on abortion at all stages of pregnancy, with some exceptions, while four US states bar abortion after approximately six weeks of pregnancy.
In Massachusetts, a shield law applies to those prescribing abortion pills via telehealth to women in states where abortion is banned. Other regional developments include a new Colorado law requiring colleges with student health centers to provide abortion pills starting in August 2027, with exemptions for private schools citing religious beliefs, and a new Oklahoma law making it a felony to buy or sell abortion pills for the purpose of an unlawful abortion for someone else.