Teleabortion Prevention Act of 2023

To prohibit chemical abortions performed without the presence of a healthcare provider, and for other purposes. 1. Short title This Act may be cited as the Teleabortion Prevention Act of 2023 2. Chemical abortions prohibited without a healthcare provider present (a) Chemical abortions prohibited without a physician present Chapter 74 (1) in the chapter heading by striking Partial-Birth (2) by inserting after section 1531 the following: 1532. Chemical abortions prohibited without a healthcare provider physically present (a) Offense Any healthcare provider who, in or affecting interstate or foreign commerce, who knowingly provides or attempts to provide a chemical abortion— (1) without physically examining the patient; (2) without being physically present at the location of the chemical abortion; and (3) without scheduling a follow-up visit for the patient to occur not more than 14 days after the administration or use of the drug to assess the patient’s physical condition, shall be fined not more than $1,000 or imprisoned not more than 2 years, or both. This subsection does not apply to a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) No liability of the patient A patient upon whom an abortion is performed may not be prosecuted under this section or for a conspiracy to violate this section. (c) Definitions In this section: (1) Abortion drug The term abortion drug (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth; or (ii) to remove a dead unborn child. (2) Attempts to provide In this section, the term attempts to provide (3) Healthcare provider The term healthcare provider (4) Provide In this section, the term provide (5) Chemical abortion The term chemical abortion (A) intentionally kill the unborn child of a woman known to be pregnant; or (B) intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth; or (ii) to remove a dead unborn child. (6) Unborn child The term unborn child (d) Rule of construction regarding ectopic pregnancy Nothing in this section shall be construed to have any impact on the treatment of a verified ectopic pregnancy. (e) Severability If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby. . (b) Clerical amendments (1) Chapter 74 The table of sections for such chapter is amended by inserting after the item relating to section 1531 the following: 1532. Chemical abortions prohibited without a healthcare provider physically present. . (2) Part I The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74, and inserting the following: 74. Abortions 1531 .

Summary: Teleabortion Prevention Act of 2023 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit for the patient. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.