American Academy of Nursing’s Response to Supreme Court Dismissal in EMTALA Ruling

Washington, DC (June 27, 2024) - The American Academy of Nursing (Academy) stands in support of equitable access to the full spectrum of sexual and reproductive health care under evidence-based clinical guidelines, including abortion care.¹ Today, the United States Supreme Court dismissed Moyle v. United States and Idaho v. United States. This action will allow women to continue to obtain abortions in medical emergencies in the state of Idaho. However, the Academy is concerned that the dismissal continues to create confusion and uncertainty regarding access to abortion care in medical emergencies and does not impact cases in other states. Moyle v. United States and Idaho v. United States centered around whether the Emergency Medical Treatment and Active Labor Act (EMTALA, codified in Section 1867 of the Social Security Act, 42 U.S.C. § 1395dd) requirement that clinicians provide stabilizing treatment to patients experiencing medical emergencies preempts Idaho state law, which prohibits abortion at all stages of pregnancy with exceptions to prevent death of the pregnant person or in cases of rape and incest reported to law enforcement (Idaho Code § 18-622). Idaho state law does not permit an exception to preserve the health of the pregnant person.

Enacted as federal law in 1986, EMTALA plays a critical role in ensuring that patients across the country have access to essential care during medical emergencies, including abortion if required as a stabilizing intervention for patients experiencing pregnancy complications.² Unfortunately, today’s dismissal allows litigation to continue related to whether abortion care, provided under EMTALA, is permitted in the face of conflicting state laws with strict abortion prohibitions. State laws such as those in Idaho not only severely limit access to abortion care, but also places clinicians in a challenging position as they must risk criminal investigations potentially resulting in imprisonment and loss of their license to provide essential care during medical emergencies.

The Academy is on record calling for protected access to sexual and reproductive health care services.¹ These services are essential and decisions regarding care are private and personal. All individuals should have the ability to make educated decisions in partnership with their health care providers. Health care providers should also be able to make evidence-based care decisions without fear of prosecution and loss of their license. The Academy firmly stands in support of the enforcement of EMTALA and protecting the availability of abortion care as stabilizing treatment as well as calling for the prohibition of policies and legislation that interfere with the patient-provider relationship.¹ The Academy resolves to continue to support strong protections for the full spectrum of sexual and reproductive health services as well as protect the patient-provider relationship in the wake of this decision.
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1. American Academy of Nursing. (2024). American Academy of Nursing Statement: Access to Sexual and Reproductive Health Care. https://aannet.org/page/sexual-reproductive-health-position-statement-2024.

2. Overview of the Emergency Medical Treatment and Active Labor Act (EMTALA) and Emergency Abortion Services. (2023, March 21). Congressional Research Service. https://crsreports.congress.gov/product/pdf/IF/IF12355.

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About the American Academy of Nursing
The American Academy of Nursing serves the public by advancing health policy through the generation, synthesis, and dissemination of nursing knowledge. Academy Fellows are inducted into the organization for their extraordinary contributions to improve health locally and globally. With more than 3,000 Fellows, the Academy represents nursing’s most accomplished leaders in policy, research, administration, practice, and academia.

Contact:
Caroline Kane | 202-777-1173 | ckane@AANnet.org