New Title X Regulations: Implications for Women and Family Planning Providers

Appendix: Federal Rules for Title X Projects on Abortion Services and Activities
(only in effect for one month due to litigation and subsequent change of Administration)
1993–Present 2019 Regulations
Counseling for Pregnancy Options Prohibited. Nondirective counseling required for pregnant people addressing: prenatal care & delivery, infant care, foster care, adoption,

pregnancy termination.

Only a doctor or advanced practice provider, though not required to do so, is permitted to provide nondirective counseling on abortion.
Referral for Abortion Services Prohibited. Must offer referral for abortion if asked but cannot:

  • promote abortion;
  • schedule an appointment;
  • negotiate a rate; or
  • arrange transportation.
All pregnant people must be referred to prenatal services regardless of their stated wishes. A medical doctor or advanced practice provider may provide a list of comprehensive health service providers, the majority of which do not also provide abortion.
Requirements For How Abortion Activities Supported By Non-Title X Funds Must Be Handled
Financial Separate accounting records. Separate accounting records. Separate accounting records, electronic and paper health records.
Facility Separate treatment, consultation, waiting rooms. Shared waiting room permissible as long as costs are properly pro-rated. Separate treatment, consultation, examination, and waiting rooms, office entrances and exits, workstations, signs, phone numbers, email addresses, educational services, and websites.
Staff Separate staff. Shared staff permissible as long as all abortion related activities are financed separately from the Title X project. Separate staff.
SOURCE: Kaiser Family Foundation analysis of federal regulations.
Issue Brief

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