Chemical Abortion Risk Awareness Act

In this title:

The term chemical abortion —

(A) means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child; and

(B) does not include—

(i) separation of the mother and her embryo or fetus to prevent the mother’s death or immediate irreversible bodily harm if such death or harm cannot be mitigated in any other way;

(ii) treatment of ectopic or molar pregnancy; and

(iii) treatment of miscarriage.

The term chemical abortion provider means any person licensed to perform a chemical abortion under applicable Federal and State laws.

The term unborn child means a member of the species Homo sapiens, at any stage of development prior to birth.

The term woman means a human being with XX chromosomes.

Effective 30 days after the date of enactment of this title, any chemical abortion provider receiving Federal funds, or working in, for, or on behalf of a medical practice or company that receives Federal funds, who knowingly performs or induces, or attempts to perform or induce, any chemical abortion, shall comply with the requirements of this title.

A chemical abortion shall not knowingly be performed or induced, or be attempted to be performed or induced, by a chemical abortion provider referred to in subsection (a) unless the chemical abortion provider, not later than 24 hours before the chemical abortion—

(1) provides to the woman, in both electronic and paper form, a full Food and Drug Administration-approved product label for each abortion-inducing drug to be used, with the Warnings and Precautions and Adverse Reactions sections of the label (or such other similar sections) highlighted;

(2) reads to the woman the full text of such highlighted sections; and

(3) receives confirmation from the woman in writing that the requirements described in paragraphs (1) and (2) have been fulfilled.

Not later than 30 days after the date of enactment of this title, a chemical abortion provider referred to in subsection (a) (or the entity that such provider works in, for, or on behalf of) shall submit to the Secretary a plan for implementing the requirements of this title applicable to such provider.

Notwithstanding any other law, in the case that a chemical abortion provider is not in compliance with the requirements of this title, the Secretary may withhold the Federal funding of the chemical abortion provider, the entity at which the chemical abortion provider is employed or on behalf of which the chemical abortion provider performs or induces chemical abortions, or both.

A woman or a parent of a woman upon whom an abortion has been performed or induced, or attempted to be performed or induced, by a chemical abortion provider in violation of this title may commence a civil action against the chemical abortion provider for appropriate relief.

Appropriate relief in a civil action under this section includes—

(1) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

(2) statutory damages equal to 3 times the cost of the abortion; and

(3) punitive damages.

The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section.

If a defendant in a civil action under this section prevails, and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.

In any civil action under this section, no damages or other monetary relief, and no attorney’s fees except as provided in subsection (d), may be assessed against the woman upon whom the abortion was performed or induced or attempted to be performed or induced.