An Act to Protect the Quality of Care Provided via Telehealth by Prohibiting Physicians from Prescribing Abortion-inducing Drugs or Devices Through Telehealth or Other Electronic Communication
Maine Legislature, Session 131, LD 1249
Committee: Health Coverage, Insurance and Financial Services
Sponsors: PAUL, BRAKEY, ARATA, ARDELL, HAGGAN, HYMES, JAVNER, LIBBY, SMITH, GUERIN
Amends: 22 MRSA §1598, 22 MRSA §1600

Legislative Document
No. 1249
H.P. 797
House of Representatives, March 21, 2023
An Act to Protect the Quality of Care Provided via Telehealth by 
Prohibiting Physicians from Prescribing Abortion-inducing Drugs 
or Devices Through Telehealth or Other Electronic Communication
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PAUL of Winterport.
Cosponsored by Senator BRAKEY of Androscoggin and
Representatives: ARATA of New Gloucester, ARDELL of Monticello, HAGGAN of 
Hampden, HYMES of Waldo, JAVNER of Chester, LIBBY of Auburn, SMITH of Palermo, 
Senator: GUERIN of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1598, sub-§1, as amended by PL 2019, c. 262, §4, is further 
amended to read:
1.  Policy.  It is the public policy of the State that the State not restrict a woman's 
exercise of her private decision to terminate a pregnancy before viability except as provided 
in section 1597‑A or section 1600.  After viability an abortion may be performed only when 
it is necessary to preserve the life or health of the mother. It is also the public policy of the 
State that all abortions may be performed only by a health care professional, as defined in 
section 1596, subsection 1, paragraph C.
Sec. 2.  22 MRSA §1600 is enacted to read:
§1600.  Prohibition on abortion-inducing drugs or devices
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Abortion" has the same meaning as in section 1598, subsection 2, paragraph A.
B. "Abortion-inducing drug" means a drug prescribed or dispensed with the intent of 
inducing an abortion, including the off-label use of a drug known to have abortion-
inducing properties that is prescribed specifically with the intent to induce an abortion.
2. Prohibitions.  A person may not:
A. Prescribe an abortion-inducing drug or a device designed to produce an abortion by 
telehealth, telephone, the Internet or other type of digital communication; or
B. Ship an abortion-inducing drug or a device designed to produce an abortion by mail, 
express delivery service or other means of interstate commerce.
3. Violation. A person who violates this section commits a Class C crime.
4. Civil remedies.  A person who violates this section is subject to Maine law 
governing civil liability for wrongful death and medical malpractice and is subject to any 
relevant professional disciplinary proceeding.
SUMMARY
This bill prohibits the prescription of an abortion-inducing drug or a device designed 
to produce an abortion by telehealth, telephone, the Internet or other type of digital 
communication and the shipment of an abortion-inducing drug or a device designed to 
produce an abortion by mail, express delivery service or other means of interstate 
commerce and makes a violation of this prohibition a Class C crime and subjects a person 
who violates the prohibition to civil liability for wrongful death and medical malpractice 
and to any relevant professional disciplinary proceeding.