House File 656 H-1498 Amend House File 656 as follows: 1 1. Page 1, after line 11 by inserting: 2 < Sec. ___. NEW SECTION . 146A.1 Medical abortions 3 —— restrictions —— protocol —— penalties. 4 1. A person shall not knowingly give, sell, 5 dispense, administer, otherwise provide, or prescribe 6 any medication to another person for the purpose of 7 inducing a medical abortion in the person or enabling 8 the other person to induce a medical abortion in 9 another person, unless the person who gives, sells, 10 dispenses, administers, or otherwise provides or 11 prescribes the medication meets all of the following 12 requirements: 13 a. Is a licensed physician. 14 b. The physician satisfies all the criteria 15 established by federal law that a physician must 16 satisfy in order to provide such medication for 17 inducing medical abortions. 18 c. The physician provides the medication to the 19 other person for the purpose of inducing a medical 20 abortion in accordance with all provisions of federal 21 law that govern the use of such medication for inducing 22 medical abortions. 23 2. A person who gives, sells, dispenses, 24 administers, otherwise provides, or prescribes 25 medication to another person as described in subsection 26 1 shall not be prosecuted based on a violation of the 27 criteria contained in this section unless the person 28 knows that the person is not a licensed physician, that 29 the person did not satisfy all the specified criteria 30 established by federal law, or that the person did not 31 provide the medication in accordance with the specified 32 provisions of federal law, whichever is applicable. 33 3. A physician who provides medication to another 34 for the purpose of inducing a medical abortion as 35 authorized under subsection 1 shall not knowingly 36 fail to comply with the applicable requirements of any 37 federal law that pertain to follow-up examinations or 38 care for persons to whom or for whom such medication 39 is provided for the purpose of inducing a medical 40 abortion. 41 4. a. If a physician provides medication to 42 another person for the purpose of inducing a medical 43 abortion as authorized under subsection 1, and the 44 physician knows that the person who uses the medication 45 for the purpose of inducing a medical abortion 46 experiences during or after the use an incomplete 47 abortion, severe bleeding, or an adverse reaction 48 to the medication, or is hospitalized, receives a 49 transfusion, or experiences any other serious event, 50 -1- HF656.2194 (3) 84 pf/nh 1/ 3 #1.

the physician shall provide a written report of the 1 incomplete abortion, severe bleeding, adverse reaction, 2 hospitalization, transfusion, or serious event to 3 the department. The department shall compile and 4 retain all reports the department receives under 5 this section. Except as otherwise provided in this 6 section, all reports the department receives under this 7 section are public records. However, the department 8 shall not release to any person the name or any other 9 personal identifying information regarding a person 10 who uses medication for the purpose of inducing a 11 medical abortion and who is the subject of a report the 12 department receives under this section. 13 b. A physician who provides medication to another 14 for the purpose of inducing a medical abortion as 15 authorized under subsection 1 shall not knowingly fail 16 to file a report required under paragraph “a” . 17 5. A physician shall only diagnose and prescribe a 18 medical abortion in person, and shall not utilize other 19 means, such as an internet web camera, to do so. 20 6. A physician shall not give, sell, dispense, 21 administer, otherwise provide, or prescribe a 22 medication for the purpose of inducing a medical 23 abortion for a minor without first complying with 24 chapter 135L. 25 7. If a physician prescribes medication to induce 26 a medical abortion after the gestational limit of 27 forty-nine days recommended by the United States food 28 and drug administration, the physician shall ensure 29 that the woman has access to emergency care that is 30 available twenty-four hours per day, seven days per 31 week, and shall report any emergency care provided from 32 complications arising from such prescription to the 33 department. 34 8. a. A person who violates this section is guilty 35 of a class “D” felony. 36 b. If a person who violates this section is 37 professionally licensed in this state, in addition to 38 any other sanction imposed by law for the offense, the 39 person is subject to sanctioning as provided by law by 40 the regulatory or licensing board or agency that has 41 the administrative authority to suspend or revoke the 42 person’s professional license. 43 9. As used in this section, unless the context 44 otherwise requires: 45 a. “Department” means the department of public 46 health. 47 b. “Federal law” means any law, rule, or regulation 48 of the United States or any drug approval letter of the 49 food and drug administration of the United States that 50 -2- HF656.2194 (3) 84 pf/nh 2/ 3

governs or regulates the use of mifepristone for the 1 purpose of inducing abortions. 2 c. “Medical abortion” means the use of a medication 3 including but not limited to mifepristone or ulipristal 4 acetate to terminate a pregnancy. 5 d. “Minor” means a person under eighteen years of 6 age who has not been and is not married. > 7 2. Title page, line 1, after < to > by inserting 8 < abortions including medical abortions and the > 9 3. Title page, line 2, after < minors > by inserting 10 < , and providing penalties > 11 4. By renumbering as necessary. 12 ______________________________ SHAW of Pocahontas -3- HF656.2194 (3) 84 pf/nh 3/ 3 #2. #3. #4.