HCS/HB 28 - ABORTION-INDUCING DRUGS SAFETY ACT - This act establishes the "Abortion-inducing Drugs Safety Act" which places restrictions on abortion-inducing drugs. Any person who is not a physician is prohibited from knowingly prescribing or administering RU-486 (mifepristone) or any other abortion-inducing drug. RU-486 or any other abortion-inducing drug can only be prescribed by a physician who at least 24 hours prior to the administration of the drug:
(1) Complies with all other legal requirements;
(2) Performs a physical examination of the patient;
(3) Documents in the patient's medical record the gestational age of the fetus and that there is no ectopic pregnancy; and
(4) Provides the patient with a copy the U.S. Food and Drug Administration (FDA) approved label for the drug or drugs used to induce the abortion.
RU-486 or any other abortion-inducing drug shall only be administered in a hospital or abortion facility. The facility shall also be licensed as an ambulatory surgical center if a certain number of abortions per month are performed or induced at the facility. The drug can only be administered by the prescribing physician or another physician acting under the prescribing physician's authority and who is in the physical presence of the patient or by the patient herself at the direction of and while in the physical presence of the physician.
A physician is prohibited from prescribing or administering RU-486 or any other abortion-inducing drug unless he or she has clinical privileges which allow the physician to perform surgeries at a hospital or at the abortion facility where the drug was administered offering obstetrical or gynecological care that is within 30 miles of the location where the abortion is being induced. If a patient who was administered RU-486 or any other abortion-inducing drug decides to carry her unborn child to term before the abortion is completed, the patient shall be immediately referred to another physician to receive medical assistance for herself and her unborn child.
Due to malformations or other birth defects which can occur in a child who survives an attempted abortion and is born alive after the administration of RU-486, and due to the cost of caring for such child throughout his or her lifetime and that such costs may otherwise fall on the state, any physician who prescribes or administers RU-486 or any abortion-inducing drug shall, in addition to complying with current law as to medical malpractice insurance, shall obtain and maintain a tail or occurrence-based insurance policy of at least $1 million per occurrence and $3 million in the aggregate per year for the personal injury to or death of a child who is born alive. The insurance policy cannot expire until the child reaches 20 years of age.
Any person who is not a physician who prescribes or administers RU-486 or any other abortion-inducing drug shall be guilty of a class C felony, except that, if prescribed or administered without the knowledge or consent of the patient, he or she shall be guilty of a class B felony. A physician who violates any other provision of the act shall be guilt of a class A misdemeanor.
These provisions are identical to HB 328 (2011).
IMMUNITY FROM LIABILITY FOR PHARMACIES
A licensed pharmacy cannot be required to perform, assist, recommend, refer to, or participate in any act or service in connection with any drug or device that cause a pregnancy to end prematurely resulting in an abortion. The pharmacy shall be immune from civil and criminal liability. Such pharmacy cannot have it license revoked, denied, or suspended nor be denied or discriminated against in eligibility for public assistance for refusing to do any of these activities.