H.R. 7237: Chemical Abortion Risk Awareness Act

This bill, known as the Chemical Abortion Risk Awareness Act, aims to amend the Public Health Service Act to ensure that women who seek chemical abortions receive complete information about the risks associated with such procedures. Here’s a breakdown of what the bill entails:

Definitions

The bill introduces several key definitions:

• Chemical abortion: Refers to using prescribed drugs intended to cause the death of an unborn child. It excludes situations where the mother’s life is at risk or conditions like ectopic pregnancies and miscarriages.
• Chemical abortion provider: Any person legally permitted to perform a chemical abortion.
• Unborn child: Any member of the species Homo sapiens at any stage before birth.
• Woman: Defined as a human being with XX chromosomes.

Requirements for Chemical Abortion Providers

The bill imposes new requirements on providers who perform chemical abortions and who receive federal funding:

• The provider must deliver a complete and clear FDA-approved product label for each abortion-inducing drug to the woman seeking the abortion. This must be done in both electronic and printed formats, with specific sections highlighted.
• The provider must read these highlighted sections to the woman at least 24 hours before the abortion is performed.
• The provider must obtain written confirmation from the woman that she has received and understands this information.
• Providers must submit an implementation plan for these requirements to the Secretary of Health and Human Services within 30 days of the enactment of the bill.

Compliance and Penalties

If a chemical abortion provider does not comply with the requirements, the Secretary of Health and Human Services has the authority to withhold federal funding from either the provider or the entity employing the provider.

Civil Actions

The bill allows for civil actions to be brought against chemical abortion providers who violate the established requirements:

• A woman who undergoes an abortion or her parent can sue the provider for damages.
• Possible remedies include:
• Monetary damages for any injuries, including psychological and physical harm.
• Statutory damages equal to three times the cost of the abortion.
• Punitive damages.
• The court may award attorney's fees to the plaintiff, while also allowing fees to be awarded to the defendants if the suit is deemed frivolous. However, no damages or fees can be assessed against the woman undergoing the abortion.

Preemption and Severability

The bill clarifies that it does not override any stricter state laws requiring disclosure about abortion procedures. It also includes a severability clause, meaning if any part of the bill is ruled unconstitutional, the rest of the bill remains effective.

Relevant Companies

• PFE (Pfizer Inc.): As a manufacturer of medical products, including abortion-inducing drugs, Pfizer may need to adjust its communication and compliance practices to meet the new labeling and information requirements if the bill is enacted.
• MRK (Merck & Co., Inc.): Similar to Pfizer, Merck could be impacted as it develops and supplies pharmaceutical products associated with reproductive health, necessitating compliance with the bill's regulatory standards.
• ABBV (AbbVie Inc.): As a pharmaceutical company that may engage in the production or distribution of reproductive health products, AbbVie may also face changes in liability and compliance and need to adapt to the new requirements outlined in this legislation.