Relating to medication abortions and providing penalties

The bill specifies that the sign shall be printed with lettering that is legible and shall be at least three-quarters of an inch in boldface type. A facility required to post the sign that is a private office or freestanding outpatient surgical facility must post the sign in each patient waiting room and patient consultation room used by patients on whom medication abortions are performed. A hospital or any other facility in which medication abortions are performed that is not a private office or freestanding outpatient surgical facility shall post the required sign in each patient admission area used by patients on whom medication abortions are performed. The bill requires that, except in the case of a medical emergency, in addition to compliance with the abortion prerequisites of Code chapter 146A, a physician shall not perform or attempt to perform a medication abortion involving the two-drug process of first dispensing mifepristone followed by the dispensing of misoprostol, unless the physician who will perform the medication abortion, the referring physician, or an agent of either physician obtains written certification from the pregnant woman. The written certification shall provide that the woman has been informed, by telephone or in person, at least hours before the medication abortion, that it may be possible to reverse the intended effects of a medication abortion utilizing mifepristone if the woman changes her mind but that time is of the essence, and that information on and assistance with reversing the effects of a medication abortion utilizing mifepristone is available on the department of public health’s (department) internet site. Following the dispensing of mifepristone, the attending physician or an agent of the attending physician shall provide written medical discharge instructions to the woman which must include the statement specified in the bill. The bill requires the department to publish, in English and in each language which is the primary language of percent or more of the state’s population, and to make available on the department’s internet site, materials designed to inform a woman of the possibility of reversing the effects of a medication abortion utilizing mifepristone if the woman changes her mind, and information on and assistance with the resources that may be available to help reverse the effects of a medication abortion. The materials shall be printed or typed in an easy-to-read font, size, and style, and in a clear, understandable manner calculated to ensure that the information is easily comprehensible. The department shall ensure that the department’s internet site is stable and information regarding internet site visits, views, or hits shall not be collected or maintained. The department shall monitor the internet site on a daily basis to prevent and correct tampering. The bill provides penalties for a violation of the bill. The bill provides that a person who intentionally performs or attempts to perform a medication abortion in violation of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. Under the bill, a physician or physician’s agent shall not be civilly or criminally liable for failure to comply with the provision regarding information to be provided on the department’s internet site if the information is not available on the internet site at the time the physician or physician’s agent is required to inform a woman of the information. A private office, freestanding outpatient surgical facility, hospital, or other facility that intentionally or recklessly fails to post a required sign in violation of the bill shall be assessed a civil penalty of $10,000. Each day on which a medication abortion is performed, not including a medication abortion performed in a medical emergency, during which the required sign is not posted during business hours when patients or prospective patients are present, constitutes a separate violation. Failure of a physician to comply with the bill is grounds for licensee discipline under Code chapter 148. The bill provides civil remedies for violation of the provisions of the bill. A woman upon whom a medication abortion has been performed or attempted to be performed in violation of the bill may maintain an action against the physician who performed or attempted to perform the medication abortion in intentional or reckless violation of the bill for actual damages. A parent or guardian of a woman who is less than years of age at the time the medication abortion was performed or attempted to be performed upon the woman in violation of the bill may maintain an action against the physician who performed or attempted to perform the medication abortion in intentional or reckless violation of the bill for actual damages. If the plaintiff prevails in an action brought under the bill, the plaintiff shall be entitled to an award of reasonable attorney fees. If the defendant prevails in an action brought under the bill and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the defendant shall be entitled to an award of reasonable attorney fees. Damages and attorney fees shall not be assessed against the woman upon whom a medication abortion was performed or attempted unless the defendant prevails and the court finds that the plaintiff’s suit was frivolous and brought in bad faith. The bill also provides protections to guard the anonymity of the woman in a civil action under the bill. The bill is not to be construed to impose civil or criminal liability on a woman upon whom a medication abortion is performed or attempted.