Democratic lawmakers have introduced a pair of bills, one which mandates hospitals’ emergency departments to provide abortion services in case of an emergency.

Under Senate Bill 130, the emergency departments must treat a patient and conduct an abortion if the latter is “necessary to stabilize the patient.” 

In addition, emergency services, including abortion, must be provided, regardless of a patient’s ability to pay. In fact, the bill says a hospital may not inquire about the patient’s ability to pay before the emergency services have been provided. 

The bill also says an emergency department must ensure that a provider is available “at all times” to provide services, including an abortion. It carves out an exemption for healthcare workers who refuse to conduct an abortion by citing their sincerely-held religion beliefs.   

The federal Emergency Medical Treatment and Active Labor Act (EMTALA) already requires emergency departments to provide emergency medical care to all patients, regardless of citizenship, legal status, or ability to pay. 

Following the reversal of Roe v. Wade in 2022, the Department of Health and Human Services had issued guidance to healthcare providers stating that EMTALA supersedes state laws banning abortions, meaning doctors who provide emergency abortions are protected by the act. 

President Donald Trump’s nominee for HHS secretary, Robert F. Kennedy Jr., said he doesn’t know what role he would have as head of the department when it comes to enforcing the act.  

“States with the most restrictive abortion bans have challenged and disrupted our federal Emergency Medical Treatment and Labor Act, which has resulted in devastating loss of life,” said Sen. Mike Weissman of Aurora. “As a part of our efforts to protect Coloradans’ fundamental freedoms in volatile times, it is imperative that we clarify to patients and providers alike that emergency care in Colorado will remain comprehensive and accessible.”

The second proposal extends the “shield law” for abortion providers to telehealth providers. 

Senate Bill 129, sponsored by Democratic Sens. Lisa Cutter of Littleton and Faith Winter of Broomfield and Reps. Karen McCormick of Longmont and Junie Joseph of Boulder, would prohibit attorneys, Colorado residents and entities, as well as local agencies, from complying with out-of-state investigations into providers believed to have prescribed abortion pills to out-of-state residents. 

Earlier this month, New York doctor Margaret Carpenter was indicted in Louisiana for allegedly sending abortion pills to a teen in the state. A civil suit was filed in Texas against Carpenter last year for allegedly prescribing abortion pills to a woman in Dallas. 

“Colorado is a beacon for reproductive freedom and access to abortion in our region,” said Winter. “Strengthening our shield law would expand protections for patients, providers, and helpers against interstate criminal and civil threats. These measures, like prescription label privacy, telehealth protections, and robust legal safeguards, will ensure that Colorado remains a national leader for reproductive justice and freedom.”