Relating to certification requirements for the provision of abortion-inducing drugs, providing penalties, and providing effective date provisions

Abortion-inducing drugs shall be transported and provided in the state at wholesale only by certified manufacturers or distributors; abortion-inducing drugs shall only be provided to patients by certified physicians; and abortion-inducing drugs shall not be provided directly to a patient outside of the program including through the mail. The bill directs the board of pharmacy to establish a certification system with certain minimum measures relating to manufacturers, distributors, pharmacies, and physicians who provide abortion-inducing drugs in the state. The bill specifies requirements of manufacturers, distributors, physicians, and pharmacists who provide abortion-inducing drugs in the state under the state certification program. The bill requires that a physician certified under the bill either shall maintain hospital admitting privileges at one or more hospitals in the county or a contiguous county where the abortion-inducing drug is provided by the physician or enter into a written agreement with an associated physician who has such privileges. The bill specifies the requirements for such written agreement. The bill requires the board of pharmacy to create an electronically based reporting system for physicians certified under the bill to report annually certain information regarding the provision of abortion-inducing drugs. The bill also requires emergency department physicians and other physicians who treat abortion complications or adverse events to report these instances to the reporting system. The bill requires certified physicians to report to the board of pharmacy, as well as the MedWatch reporting system of the United States food and drug administration, any abortion complication or adverse event as defined by the United States food and drug administration in the MedWatch reporting system. The bill requires certified physicians to report to the board of pharmacy any death of a pregnant woman associated with abortion-inducing drugs. The reporting requirements under the bill are in addition to any other reporting requirements applicable to a physician under the bill or any other required conditions for performing abortions in the state. The bill requires the board of pharmacy to develop a system of reporting abortion complications and adverse events resulting from the use of abortion-inducing drugs in the state. Physicians certified to provide abortion-inducing drugs, emergency department physicians, and any physicians licensed in the state who treat women with adverse abortion complications or adverse effects, and other persons as determined by the board of pharmacy shall report abortion complications and adverse events to the system. A person required to do so shall also report adverse events and patient deaths to the United States food and drug administration. The bill provides penalties and remedies for violations of the bill. A manufacturer, distributor, physician, or pharmacist who intentionally, knowingly, or recklessly violates 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 $1,025 but not more than $10,245. A manufacturer, distributor, physician, or pharmacist who intentionally, knowingly, or recklessly violates the bill by fraudulent use of an abortion-inducing drug, with or without the knowledge of the pregnant woman, is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. In addition to any other remedies available under common or state law, failure to comply with the requirements of the bill provides a basis for a civil malpractice action for actual and punitive damages; a basis for a professional disciplinary action by the appropriate licensing board or other entity; and a basis for recovery following a pregnant woman’s death for the woman’s survivors pursuant to a wrongful death action. A civil or criminal penalty shall not be assessed against a pregnant woman upon whom a drug-induced abortion is attempted, induced, or performed. The bill requires the board of pharmacy to enforce the provisions of the bill by specified means. The bill directs the board of pharmacy to develop a complaint portal on its internet site for patients, pharmacies, health care providers, and the public to submit information about potential violations of the bill at no cost. The bill is not to be construed as creating or recognizing a right to abortion or to make lawful an abortion that is otherwise unlawful, and does not repeal, replace, or otherwise invalidate existing federal or state laws, regulations, or policies. The bill provides that the attorney general may bring an action to enforce compliance with the bill or intervene as a matter of right in any case in which the constitutionality of the bill is challenged. The bill includes a severability clause. The bill takes effect upon enactment.