Number: HB 177
Status: Failed to PassProposed: January 16, 2013
Last updated Apr 30, 2014.
HB 177 would have established the Abortion-inducing Drugs Safety Act which would have placed restrictions on abortion-inducing drugs.
The bill states that 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 prior to performing or inducing an abortion;
(2) Performs a physical examination of the patient;
(3) Documents in the patient’s medical record the gestational age of the fetus and whether there is an ectopic pregnancy; and
(4) Provides the patient with a copy of the United States Food and Drug Administration (FDA) approved label for the drug or drugs that
will be used to induce the abortion.
The bill would have required that the woman and physician both be present at a licensed abortion facility when the drugs are administered, and that the administration of the drugs follow FDA protocols as outlined on the final printed label of the abortion-inducing drug.
The bill states that RU-486 or any other abortion-inducing drug can only be administered by a physician in a hospital or abortion facility. The abortion facility must also be licensed as an ambulatory surgical center if any second-trimester or third-trimester abortions or five or more first-trimester abortions per month are induced at the facility.
Admitting Privileges Requirement
This bill would have prohibited a physician from prescribing or administering RU-486 or any other abortion-inducing drug unless he or she has clinical privileges at a hospital offering obstetrical or gynecological care that is within 30 miles of the location where the abortion is being induced and has privileges to perform surgical intervention, including surgical abortion, at the hospital or abortion facility where the abortion is being induced.
The bill would have required a physician who prescribes or administers RU-486 or any other abortion-inducing drug to obtain an insurance policy of at least $1 million per occurrence and $3 million in the aggregate per year for damages for the personal injury to or death of a child who is born alive after an attempted abortion, and to maintain that insurance policy until the child reaches his or her twenty-first birthday.
The bill states that any person who is not a physician who prescribes or administers RU-486 or any other abortion-inducing drug will be guilty of a class C felony; except that, if prescribed or administered without the knowledge or consent of the patient, he or she will be guilty of a class B felony. The bill also states that a physician who violates any other provision of the act will be guilty of a class A misdemeanor.
The telemedicine abortion ban provision of this bill is similar to the provision contained in HB 400, which became law in August 2013.