This bill would add a new Title XXXIV to the Public Health Service Act called the "Chemical Abortion Risk Awareness" title. It defines "chemical abortion" as use or prescription of an abortion-inducing drug to cause the death of an unborn child, and it excludes life-saving separation of mother and embryo/fetus, treatment of ectopic or molar pregnancy, and treatment of miscarriage. It defines "chemical abortion provider," "unborn child," and defines "woman" as a human being with XX chromosomes.
The bill requires any chemical abortion provider who receives Federal funds, or who works in or for an entity that receives Federal funds, to follow new informed-consent steps. At least 24 hours before a chemical abortion, the provider must give the woman both electronic and paper copies of each Food and Drug Administration–approved product label for the drugs to be used, highlight the "Warnings and Precautions" and "Adverse Reactions" sections (or similar sections), read those highlighted sections aloud to the woman, and get written confirmation from the woman that these steps were completed. Providers (or their employing entities) must submit an implementation plan to the Secretary within 30 days after the bill becomes law.
If a covered provider does not comply, the Secretary may withhold Federal funding from the provider or the entity where the provider works. The bill also creates a private right of action: a woman, or a parent of a woman upon whom an abortion was performed or attempted in violation of the title, may sue the provider. A successful plaintiff may recover objectively verifiable money damages for injuries, statutory damages equal to three times the cost of the abortion, punitive damages, and reasonable attorney's fees. If a defendant prevails and the court finds the plaintiff’s suit frivolous, the court may award the defendant reasonable attorney's fees. The bill bars awards of damages or attorney's fees against the woman upon whom the abortion was performed or attempted. The bill says it does not preempt State laws that impose more extensive disclosure requirements or penalties and contains a severability clause.
No publicly available information on estimated government budget effects or administrative costs is included in the bill text. The bill does create private monetary liabilities in its text: it allows plaintiffs to recover objectively verifiable damages for injuries, statutory damages equal to three times the cost of the abortion, punitive damages, and attorney's fees for prevailing plaintiffs. The Secretary may withhold Federal funding from noncompliant providers or entities.
No publicly available information in the bill text about supporters' statements or arguments beyond the bill's stated purpose to ensure that a woman seeking a chemical abortion "is made aware of the risks involved."
No publicly available information in the bill text about opponents' statements, concerns, or arguments.