What This Bill Does
This bill makes it a federal crime for healthcare providers to perform medication abortions (using drugs to end pregnancy) without physically examining the patient, being physically present during the procedure, and scheduling a follow-up appointment within 14 days. Healthcare providers who violate this rule can be fined up to $1,000 or imprisoned for up to 2 years, or both. The bill does not apply if the abortion is necessary to save the mother's life.
Who It Affects
Healthcare providers licensed to prescribe prescription drugs under federal and state laws are directly affected by this bill. Patients receiving medication abortions are not subject to criminal prosecution under this law.
Key Provisions
• Healthcare providers cannot provide medication abortions without physically examining the patient first (Sec. 2(a))
• Healthcare providers cannot provide medication abortions unless they are physically present at the location where the abortion happens (Sec. 2(a))
• Healthcare providers must schedule a follow-up visit for patients no more than 14 days after the medication is given to check the patient's physical condition (Sec. 2(a))
• This law does not apply to medication abortions needed to save a mother's life when her life is endangered by a physical disorder, physical illness, physical injury, or life-endangering physical condition caused by the pregnancy itself (Sec. 2(a))
• Patients cannot be prosecuted for receiving a medication abortion under this law (Sec. 2(b))
What Changes
Federal law would add new criminal penalties for healthcare providers who perform medication abortions without meeting three requirements: physically examining the patient, being physically present at the location, and scheduling a follow-up visit within 14 days. The bill also defines key terms like "healthcare provider," "chemical abortion," and "unborn child" for purposes of federal law.
Important Definitions
• Healthcare provider: A person licensed to prescribe prescription drugs under federal and state laws
• Chemical abortion: Use of a medication to intentionally kill an unborn child or end pregnancy (with intent other than producing a live birth or removing a dead unborn child)
• Abortion drug: Any medicine, drug, substance, or combination that is used to intentionally kill an unborn child or end pregnancy (with intent other than producing a live birth or removing a dead unborn child)
• Unborn child: An individual organism of the species homo sapiens, beginning at fertilization, until being born alive
• Attempts to provide: Conduct that, under the circumstances as the person believes them to be, constitutes a substantial step toward providing a chemical abortion
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 421
To prohibit chemical abortions performed without the presence of a healthcare
provider, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 2023
Mr. GOOD of Virginia (for himself, Mr. ROSENDALE, Mr. ADERHOLT, Mr.
BISHOP of North Carolina, Mrs. MILLER of Illinois, Mr. WITTMAN, Mr.
LAMBORN, Mr. DUNCAN, Mr. KELLY of Mississippi, Mr. JOHNSON of
Louisiana, Mr. CLOUD, Mr. WEBER of Texas, Mr. BANKS, Mr. JACKSON
of Texas, Mr. WILLIAMS of Texas, Mr. SELF, Mr. BIGGS, Mr. CLYDE,
Mr. BABIN, Mrs. BOEBERT, Mr. GOSAR, Mr. BURLISON, Mr. DAVIDSON,
Mr. SESSIONS, Mr. MOONEY, Mr. ARRINGTON, Mr. GUEST, and Ms.
HAGEMAN) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To prohibit chemical abortions performed without the
presence of a healthcare provider, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Teleabortion Preven-
4
tion Act of 2023’’.
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•HR 421 IH
SEC. 2. CHEMICAL ABORTIONS PROHIBITED WITHOUT A
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HEALTHCARE PROVIDER PRESENT.
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(a) CHEMICAL ABORTIONS PROHIBITED WITHOUT A
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PHYSICIAN PRESENT.—Chapter 74 of title 18, United
4
States Code, is amended—
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(1) in the chapter heading by striking ‘‘PAR-
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TIAL-BIRTH’’; and
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(2) by inserting after section 1531 the fol-
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lowing:
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‘‘§ 1532. Chemical abortions prohibited without a
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healthcare provider physically present
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‘‘(a) OFFENSE.—Any healthcare provider who, in or
12
affecting interstate or foreign commerce, who knowingly
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provides or attempts to provide a chemical abortion—
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‘‘(1) without physically examining the patient;
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‘‘(2) without being physically present at the lo-
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cation of the chemical abortion; and
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‘‘(3) without scheduling a follow-up visit for the
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patient to occur not more than 14 days after the ad-
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ministration or use of the drug to assess the pa-
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tient’s physical condition,
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shall be fined not more than $1,000 or imprisoned not
22
more than 2 years, or both. This subsection does not apply
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to a chemical abortion that is necessary to save the life
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of a mother whose life is endangered by a physical dis-
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order, physical illness, or physical injury, including a life-
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•HR 421 IH
endangering physical condition caused by or arising from
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the pregnancy itself.
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‘‘(b) NO LIABILITY OF THE PATIENT.—A patient
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upon whom an abortion is performed may not be pros-
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ecuted under this section or for a conspiracy to violate
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this section.
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‘‘(c) DEFINITIONS.—In this section:
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‘‘(1) ABORTION
DRUG.—The term ‘abortion
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drug’ means any medicine, drug or any other sub-
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stance, or any combination of drugs, medicines or
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substances, when it is used—
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‘‘(A) to intentionally kill the unborn child
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of a woman known to be pregnant; or
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‘‘(B) to intentionally terminate the preg-
14
nancy of a woman known to be pregnant, with
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an intention other than—
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‘‘(i) to produce a live birth; or
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‘‘(ii) to remove a dead unborn child.
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‘‘(2) ATTEMPTS TO PROVIDE.—In this section,
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the term ‘attempts to provide’, means conduct that,
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under the circumstances as the actor believes them
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to be, constitutes a substantial step in a course of
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conduct planned to culminate in a chemical abortion.
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‘‘(3)
HEALTHCARE
PROVIDER.—The
term
24
‘healthcare provider’ means any person licensed to
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•HR 421 IH
prescribe prescription drugs under applicable Fed-
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eral and State laws.
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‘‘(4) PROVIDE.—In this section, the term ‘pro-
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vide’, means to dispense or prescribe an abortion
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drug, or to otherwise make an abortion drug avail-
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able to a patient.
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‘‘(5) CHEMICAL ABORTION.—The term ‘chem-
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ical abortion’ refers to the use of an abortion drug
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to—
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‘‘(A) intentionally kill the unborn child of
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a woman known to be pregnant; or
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‘‘(B) intentionally terminate the pregnancy
12
of a woman known to be pregnant, with an in-
13
tention other than—
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‘‘(i) to produce a live birth; or
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‘‘(ii) to remove a dead unborn child.
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‘‘(6) UNBORN CHILD.—The term ‘unborn child’
17
means an individual organism of the species homo
18
sapiens, beginning at fertilization, until the point of
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being born alive as defined in section 8(b).
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‘‘(d) RULE OF CONSTRUCTION REGARDING ECTOPIC
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PREGNANCY.—Nothing in this section shall be construed
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to have any impact on the treatment of a verified ectopic
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pregnancy.
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•HR 421 IH
‘‘(e) SEVERABILITY.—If any provision of this section
1
or the application of such provision to any person or cir-
2
cumstance is held to be invalid, the remainder of this sec-
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tion and the application of the provisions of the remainder
4
to any person or circumstance shall not be affected there-
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by.’’.
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(b) CLERICAL AMENDMENTS.—
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(1) CHAPTER
74.—The table of sections for
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such chapter is amended by inserting after the item
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relating to section 1531 the following:
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‘‘1532. Chemical abortions prohibited without a healthcare provider physically
present.’’.
(2) PART I.—The table of chapters for part I
11
of title 18, United States Code, is amended by strik-
12
ing the item relating to chapter 74, and inserting
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the following:
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‘‘74. Abortions .......................................................................................... 1531’’.
Æ
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