H.F. 2134 Section 1. NEW SECTION . 146A.1 Medically induced abortion 1 —— protocol —— penalties. 2 1. A person shall not knowingly give, sell, dispense, 3 administer, otherwise provide, or prescribe mifepristone to 4 another person for the purpose of inducing an abortion in the 5 person or enabling the other person to induce an abortion 6 in another person, unless the person who gives, sells, 7 dispenses, administers, or otherwise provides or prescribes the 8 mifepristone meets all of the following requirements: 9 a. Is a licensed physician. 10 b. The physician satisfies all the criteria established by 11 federal law that a physician must satisfy in order to provide 12 mifepristone for inducing abortions. 13 c. The physician provides the mifepristone to the other 14 person for the purpose of inducing an abortion in accordance 15 with all provisions of federal law that govern the use of 16 mifepristone for inducing abortions. 17 2. A person who gives, sells, dispenses, administers, 18 otherwise provides, or prescribes mifepristone to another 19 person as described in subsection 1 shall not be prosecuted 20 based on a violation of the criteria contained in this section 21 unless the person knows that the person is not a licensed 22 physician, that the person did not satisfy all the specified 23 criteria established by federal law, or that the person did 24 not provide the mifepristone in accordance with the specified 25 provisions of federal law, whichever is applicable. 26 3. A physician who provides mifepristone to another for 27 the purpose of inducing an abortion as authorized under 28 subsection 1 shall not knowingly fail to comply with the 29 applicable requirements of any federal law that pertain to 30 follow-up examinations or care for persons to whom or for 31 whom mifepristone is provided for the purpose of inducing an 32 abortion. 33 4. a. If a physician provides mifepristone to another 34 person for the purpose of inducing an abortion as authorized 35 -1- LSB 5693YH (2) 83 pf/nh 1/ 5

H.F. 2134 under subsection 1, and the physician knows that the person who 1 uses the mifepristone for the purpose of inducing an abortion 2 experiences during or after the use an incomplete abortion, 3 severe bleeding, or an adverse reaction to the mifepristone, 4 or is hospitalized, receives a transfusion, or experiences any 5 other serious event, the physician shall provide a written 6 report of the incomplete abortion, severe bleeding, adverse 7 reaction, hospitalization, transfusion, or serious event to 8 the department. The department shall compile and retain all 9 reports the department receives under this section. Except as 10 otherwise provided in this section, all reports the department 11 receives under this section are public records. However, the 12 department shall not release to any person the name or any 13 other personal identifying information regarding a person who 14 uses mifepristone for the purpose of inducing an abortion and 15 who is the subject of a report the department receives under 16 this section. 17 b. A physician who provides mifepristone to another for the 18 purpose of inducing an abortion as authorized under subsection 19 1 shall not knowingly fail to file a report required under 20 paragraph “a” . 21 5. A physician shall only diagnose and prescribe a medically 22 induced abortion in person, and shall not utilize other means, 23 such as an internet web camera, to do so. 24 6. If a physician prescribes mifepristone after the 25 gestational limit of forty-nine days recommended by the United 26 States food and drug administration, the physician shall ensure 27 that the woman has access to emergency care that is available 28 twenty-four hours per day, seven days per week, and shall 29 report any emergency care provided from complications arising 30 from such prescription to the department. 31 7. a. A person who violates this section is guilty of a 32 class “D” felony. 33 b. If a person who violates this section is professionally 34 licensed in this state, in addition to any other sanction 35 -2- LSB 5693YH (2) 83 pf/nh 2/ 5

H.F. 2134 imposed by law for the offense, the person is subject to 1 sanctioning as provided by law by the regulatory or licensing 2 board or agency that has the administrative authority to 3 suspend or revoke the person’s professional license. 4 8. As used in this section unless the context otherwise 5 requires: 6 a. “Department” means the department of public health. 7 b. “Federal law” means any law, rule, or regulation of the 8 United States or any drug approval letter of the food and drug 9 administration of the United States that governs or regulates 10 the use of mifepristone for the purpose of inducing abortions. 11 EXPLANATION 12 This bill provides protocol related to medically induced 13 abortions. 14 The bill prohibits a person from knowingly giving, selling, 15 dispensing, administering, or otherwise providing, or 16 prescribing mifepristone to another person for the purpose 17 of inducing an abortion in the person or enabling the other 18 person to induce an abortion in another person, unless the 19 person who gives, sells, dispenses, administers, or otherwise 20 provides or prescribes the mifepristone meets all of the 21 following requirements: is a licensed physician; satisfies 22 all the criteria established by federal law that a physician 23 must satisfy in order to provide mifepristone for inducing 24 abortions; and provides the mifepristone to the other person 25 for the purpose of inducing an abortion in accordance with all 26 provisions of federal law that govern the use of mifepristone 27 for inducing abortions. However, the bill provides that a 28 person who gives, sells, dispenses, administers, otherwise 29 provides, or prescribes mifepristone to another person 30 shall not be prosecuted based on a violation of the criteria 31 specified unless the person knows that the person is not 32 a licensed physician, that the person did not satisfy all 33 the specified criteria established by federal law, or that 34 the person did not provide the mifepristone in accordance 35 -3- LSB 5693YH (2) 83 pf/nh 3/ 5

H.F. 2134 with the specified provisions of federal law, whichever is 1 applicable. The bill also provides that a physician who 2 provides mifepristone to another for the purpose of inducing 3 an abortion shall not knowingly fail to comply with the 4 applicable requirements of any federal law that pertain to 5 follow-up examinations or care for persons to whom or for 6 whom mifepristone is provided for the purpose of inducing an 7 abortion. 8 If a physician provides mifepristone to induce an 9 abortion, and if the physician knows that the person who uses 10 the mifepristone for the purpose of inducing an abortion 11 experiences during or after the use an incomplete abortion, 12 severe bleeding, or an adverse reaction to the mifepristone or 13 is hospitalized, receives a transfusion, or experiences any 14 other serious event, the physician is required to provide a 15 written report of the incomplete abortion of such result to 16 the department of public health. The department is directed 17 to compile and retain all reports the department receives, and 18 such reports, unless otherwise provided, are public records. 19 However, the department is prohibited from releasing the name 20 or any other personal identifying information regarding a 21 person who uses mifepristone for the purpose of inducing an 22 abortion and who is the subject of a report the department 23 receives. A physician who provides mifepristone to another 24 for the purpose of inducing an abortion is prohibited from 25 knowingly failing to file such a report. 26 The bill requires that a physician only prescribe a 27 medically induced abortion in person, and not utilize other 28 means, such as an internet web camera, to do so. Additionally, 29 if a physician prescribes mifepristone after the United States 30 food and drug administration recommended 49 days of pregnancy, 31 the physician shall ensure that the woman has access to 32 emergency care that is available 24 hours per day, seven days 33 per week, and shall report any emergency care provided from 34 complications arising from such prescription to the department. 35 -4- LSB 5693YH (2) 83 pf/nh 4/ 5

H.F. 2134 A person who violates a provision of the bill is guilty 1 of a class “D” felony. A class “D” felony is punishable by 2 confinement for no more than five years and a fine of at least 3 $750 but not more than $7,500. Additionally, if a person 4 who violates the provisions of the bill is professionally 5 licensed, the person is subject to sanctioning as provided by 6 law by the regulatory or licensing board or agency that has 7 the administrative authority to suspend or revoke the person’s 8 professional license. 9 -5- LSB 5693YH (2) 83 pf/nh 5/ 5