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SB 1178 - Under this act, a person or entity commits the offense of trafficking abortion-inducing devices or drugs if such person or entity knowingly imports, exports, distributes, delivers, manufactures, produces, prescribes, administers, or dispenses, or attempts to do so, any instrument, device, medicine, drug, or other means or substance to be used to perform or induce an abortion on another person in violation of state or federal law. The offense is a Class B felony, but is a Class A felony when: (1) the abortion was performed or induced, or attempted, on a woman carrying an unborn child of more than ten weeks gestational age; (2) the abortion was performed or induced, or attempted, on a woman who has an ectopic pregnancy; (3) the abortion was performed and induced, or attempted, on a woman who is a victim of sex trafficking; (4) the quantity involved is sufficient for performing or inducing abortions on three or more women; (5) it is the second or subsequent offense of trafficking abortion-inducing devices or drugs; or (6) the location of the offense is within 2,000 feet of a school; in or on public housing; within a motor vehicle; or in a motel, hotel, or other similar lodging. Additionally, this act prohibits the Board of Pharmacy from issuing or renewing a non-resident pharmacy license if the applicant or licensee delivers directly to a patient in this state any instrument, device, medicine, drug, or other means or substance to be used to perform or induce an abortion. Finally, it shall be unlawful for a licensed or registered out-of-state wholesale distributor, out-of-state pharmacy acting as a distributor, drug outsourcer, or third-party logistics provider to deliver directly to a patient in this state any instrument, device, medicine, drug, or other means or substance to be used to perform or induce an abortion. The penalty for a violation of this provision is the same as other unlawful acts of such entities and is a Class D felony. SARAH HASKINS
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