Proposed Changes to Title X: Implications for Women and Family Planning Providers
| Appendix 1: Federal Rules for Title X Projects on Abortion Services and Activities | |||
| 1988 (only in effect for one month due to litigation and subsequent change of Administration) |
1993-Present | 2018 Proposed Regulations | |
| Counseling | Prohibited. | Nondirective counseling required for pregnant women addressing:
prenatal care & delivery, infant care, foster care, adoption, pregnancy termination. |
The language of the proposed regulation: “A Title X project may not provide, promote, refer for, support, or present abortion as a method of family planning.”
The non-binding preamble to the proposed regulation states: “A doctor, though not required to do so, would be permitted to provide nondirective counseling on abortion.” |
| Referral | Prohibited. | Must offer referral for abortion if asked but cannot:
|
Prohibited, unless a woman has already decided to have an abortion, and requests a referral. A medical doctor may provide a list of comprehensive health service providers, some but not all of which 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. |
| Prohibition on activities that encourage, promote, or advocate for abortion | Lobbying, providing speakers or educators who promote abortion, paying dues to an abortion advocacy group, legal action to make abortion available, developing or disseminating materials advocating for abortion. | No prohibition on these activities. | Lobbying, providing speakers or educators, attending events or conferences during which the grantee or subrecipient engages in lobbying, paying dues to an abortion advocacy group, legal action, developing or disseminating materials. |
| SOURCE: Kaiser Family Foundation analysis of federal regulations. | |||