The bill increases in-person clinical assessment and protects patients from prosecution, but its strict in-person and federal criminal rules are likely to reduce access to medication abortion, raise costs and delays, create legal uncertainty for providers, and risk federal–state conflict.
Pregnant patients seeking medication abortion must receive an in-person physical exam and a follow-up visit within 14 days, which may improve detection of complications from medication abortion.
Patients who undergo chemical abortion are explicitly exempted from prosecution under this section, protecting them from federal criminal penalties.
Pregnant patients and healthcare providers will face reduced access to medication abortion because strict in-person presence requirements effectively block telemedicine, increase travel costs and delays for patients, and expose out-of-state prescribers to potential federal criminal charges, likely shrinking provider availability.
Healthcare providers and patients will face legal uncertainty and potential criminal liability because the bill defines 'unborn child' as beginning at fertilization and broadly defines 'abortion drug,' which could sweep a wide range of medications or practices into federal scrutiny.
State governments and providers may confront federal–state conflicts because applying federal criminal law to care 'in or affecting interstate or foreign commerce' could complicate provision of care across state lines and provoke legal disputes.
Based on analysis of 2 sections of legislative text.
Creates a federal crime for providers who deliver chemical abortions across state lines without an in-person exam, being physically present during administration, and scheduling a follow-up within 14 days.
Creates a new federal crime that makes it unlawful for a health care provider to give a chemical abortion that crosses state lines (or otherwise affects interstate or foreign commerce) unless the provider: (1) physically examines the patient, (2) is physically present where the drug is given or used, and (3) schedules a follow-up visit within 14 days. The patient cannot be prosecuted; the bill defines key terms (including an "unborn child" beginning at fertilization), exempts verified ectopic pregnancy treatment, and adds the new crime to federal criminal law tables.
Introduced January 24, 2025 by Mark Harris · Last progress January 24, 2025