Teleabortion Prevention Act of 2021
Bill: H.R.5136 | Sponsor: Rep. Good, Bob (R-VA)
Policy area: Crime and Law Enforcement

Summary:
Teleabortion Prevention Act of 2021
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. 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.

To prohibit chemical abortions performed without the presence of a 
              healthcare provider, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teleabortion Prevention Act of 
2021''.

SEC. 2. CHEMICAL ABORTIONS PROHIBITED WITHOUT A HEALTHCARE PROVIDER 
              PRESENT.

    (a) Chemical Abortions Prohibited Without a Physician Present.--
Chapter 74 of title 18, United States Code, is amended--
            (1) in the chapter heading by striking ``PARTIAL-BIRTH''; 
        and
            (2) by inserting after section 1531 the following:
``Sec. 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' means any 
        medicine, drug or any other substance, or any combination of 
        drugs, medicines or substances, when it is used--
                    ``(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', means conduct that, under the 
        circumstances as the actor believes them to be, constitutes a 
        substantial step in a course of conduct planned to culminate in 
        a chemical abortion.
            ``(3) Healthcare provider.--The term `healthcare provider' 
        means any person licensed to prescribe prescription drugs under 
        applicable Federal and State laws.
            ``(4) Provide.--In this section, the term `provide', means 
        to dispense or prescribe an abortion drug, or to otherwise make 
        an abortion drug available to a patient.
            ``(5) Chemical abortion.--The term `chemical abortion' 
        refers to the use of an abortion drug to--
                    ``(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' means an 
        individual organism of the species homo sapiens, beginning at 
        fertilization, until the point of being born alive as defined 
        in section 8(b).
    ``(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''.
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