11 Nursing Associations Issue Joint Statement on EMTALA Abortion Rule Change

Multiple state nurses' associations have issued a joint statement expressing concern following the Trump administration’s recent decision to rescind federal guidance that required hospitals to provide emergency abortion care under the Emergency Medical Treatment and Labor Act (EMTALA).

What Changed

On June 3, 2025, the Centers for Medicare and Medicaid Services (CMS) announced it was withdrawing a 2022 directive that instructed hospitals to provide abortions in medical emergencies, even in states where abortion is otherwise banned. The 2022 guidance, issued after the Supreme Court’s Dobbs decision, was intended to clarify that federal law required hospitals to offer emergency abortion care if necessary to stabilize a patient’s condition.

Nurses Associations’ Response

Nursing organizations from California, Washington, Oregon, Delaware, Montana, Colorado, Connecticut, Hawaii, Minnesota, Vermont, and Ohio released a joint statement expressing “profound concern” over the rollback. They argue that rescinding the guidance introduces uncertainty for healthcare providers and could put pregnant patients facing life-threatening emergencies, such as ectopic pregnancies or severe preeclampsia, at risk of not receiving necessary, stabilizing care, including abortion services.

The associations warn that the change could deter healthcare providers from delivering life-saving interventions due to fear of legal repercussions in states with restrictive abortion laws.

The joint statement was issued by the following organizations: 

• American Nurses Association\California
• Washington State Nurses Association
• Oregon Nurses Association
• Delaware Nurses Association
• Montana Nurses Association
• Colorado Nurses Association
• Connecticut Nurses Association
• Hawai’i American Nurses Association
• Minnesota Organization of Registered Nurses
• American Nurses Association Vermont
• American Nurses Association Ohio

The Joint Statement

The organizations released the following statement on June 10, 2025: 

"The American Nurses Association\California, Washington State Nurses Association, Oregon Nurses Association, Delaware Nurses Association, Montana Nurses Association, Colorado Nurses Association, Connecticut Nurses Association, Hawai’i American Nurses Association, Minnesota Organization of Registered Nurses, American Nurses Association Vermont, and American Nurses Association Ohio express profound concern over the Trump Administration’s recent rollback of federal guidance mandating hospitals to provide emergency abortion care under the Emergency Medical Treatment and Labor Act (EMTALA). As many states adopt restrictions on access to abortion, this action will undermine legal protections that ensure pregnant individuals facing life-threatening emergencies, such as ectopic pregnancies or severe preeclampsia, receive necessary, stabilizing care, including abortion services. By rescinding this guidance, the Administration introduces dangerous, life-threatening ambiguity into emergency care protocols. Rescinding this federal guidance will potentially prevent many healthcare providers from providing emergent, life-saving interventions due to fear of legal repercussions, thereby placing patients’ lives at increased risk.

We stand firmly against policies that compromise nurses' ethical and professional obligations to provide compassionate, evidence-based care, which can lead to life-threatening outcomes. We urge policymakers to prioritize the patients' lives, health, and autonomy by safeguarding access to comprehensive reproductive services and ensuring that healthcare providers can deliver care without fear of legal jeopardy."

Administration’s Position

The Trump administration stated that the Biden-era guidance did not align with its policy goals. CMS indicated that the 2022 directive created legal confusion and instability, and that the agency would continue to uphold EMTALA’s requirements in emergency situations, but without the explicit mandate for abortion care in all circumstances.

What Is EMTALA?

The Emergency Medical Treatment and Labor Act (EMTALA), enacted in 1986, requires hospitals that receive Medicare funding to assess and stabilize anyone who arrives at an emergency department, regardless of their ability to pay. Under the Biden administration, EMTALA was interpreted to mean that hospitals must provide abortion care if it is necessary to stabilize a pregnant patient in a medical emergency. The Trump administration’s withdrawal of this guidance has created uncertainty about how EMTALA will be enforced in states with abortion bans.

The revocation of federal guidance on emergency abortion care under EMTALA has prompted strong reactions from state nursing associations, who argue that the move could endanger patient safety and complicate emergency care protocols. The long-term impact on hospitals and patient care remains uncertain as providers await further clarification on how EMTALA will be enforced in emergency situations involving abortion care.

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