SB 309: Enact the Abortion Pill Provider Liability Education (APPLE) Act

4

Section 1. That section 2317.57 of the Revised Code be ..... 4

5

enacted to read as follows: ..... 5

6

Sec. 2317.57. (A) As used in this section: ..... 6

7

(1) "Abortion-inducing drug" means the drug RU-486 ..... 7

8

(mifepristone) when taken for the purpose of terminating a ..... 8

9

clinically diagnosable pregnancy. ..... 9

10

(2)"Health care provider" means any provider authorized to ..... 10

11

prescribe an abortion-inducing drug in accordance with state and ..... 11

12

federal law. ..... 12

13

(B) Except in the case of a medical emergency, as defined ..... 13

14

in section 2919.16 of the Revised Code, a health care provider ..... 14

15

shall ensure that the following conditions are met before ..... 15

16

prescribing an abortion-inducing drug for the purpose of ..... 16

17

terminating a pregnancy: ..... 17

18

(1) The health care provider or the health care provider's ..... 18

19

agent provides the pregnant woman with written instructions and information on the abortion-inducing drug. The information shall include all known complications associated with the use of the abortion-inducing drug and the following statement:

"If you decide to take an abortion-inducing drug to end your pregnancy, the state of Ohio wants you to be aware that you and your family may hold the manufacturer, distributor, your health care provider, and the health care facility financially accountable if you die, suffer injury, complication, or any debilitating side effects, including infection, excessive bleeding, and the rupture of a previously undiscovered ectopic pregnancy, if the provider fails to address the side effects of the abortion-inducing drug, or if the medication fails to terminate the pregnancy which results in a failed abortion or requires surgical intervention. You and your family also may hold the health care provider, the health care provider's agent, and the health care facility accountable for failing to inform you of complications. If you experience complications from the abortion-inducing drug and are in need of medical attention, you have the right to tell the health care provider treating the complications that you have had a chemical abortion. Providing this information will not result in any criminal or civil penalty and may help save your life."

20

(2) The pregnant woman certifies in writing that the information described in division (B) (1) of this section has been provided to her and that she has had the opportunity to review it.

21

(3) The health care provider or health care provider's agent receives a copy of the certification described in division

22

(B) (2) of this section.

23

(C) The health care provider or health care provider's ..... 50

24

agent shall retain a copy of the written certification described ..... 51

25

in division (B) (3) of this section. The health care provider or ..... 52

26

health care provider's agent shall keep the certification in the ..... 53

27

pregnant woman's medical file for a period of at least seven ..... 54

28

years or, in the case of a pregnant minor, for a period of at ..... 55

29

least seven years or at least five years after the minor reaches ..... 56

30

the age of majority, whichever is longer.

31

(D) (1) Any health care provider, health care provider's ..... 58

32

agent, or health care facility that prescribes an abortion- ..... 59

33

inducing drug to a pregnant woman before meeting the conditions ..... 60

34

described in division (B) of this section is liable in a civil ..... 61

35

action brought by any of the following:

36

(a) The woman who was prescribed the abortion-inducing ..... 63

37

drug:

38

(b) The father of the unborn child, if the father is ..... 65

39

married to the woman at the time the abortion-inducing drug was ..... 66

40

prescribed:

41

(c) The maternal grandparents of the unborn child, if the ..... 68

42

woman was a minor when she was prescribed the abortion-inducing ..... 69

43

drug or she has died due to the abortion or a complication ..... 70

44

related to the abortion:

45

(d) The woman's next of kin, if she has died due to the ..... 72

46

abortion or a complication related to the abortion.

47

(2) No damages shall be awarded to a plaintiff if the ..... 74

48

pregnancy was caused by the plaintiff's criminal conduct.

49

(3) In the event the claimant prevails in an action ..... 76

50

brought under this section, the court shall award both of the ..... 77

51

following:

52

(a) Damages for injuries and loss resulting to the ..... 79

53

claimant by reason of the prescription of the abortion-inducing ..... 80

54

drug:

55

(b) Statutory damages equal to three times the cost of the ..... 82

56

abortion-inducing drug.

57

(E) (1) The attorney general or a prosecutor with ..... 84

58

appropriate jurisdiction may conduct an investigation of an ..... 85

59

alleged violation of division (B) of this section and initiate a ..... 86

60

civil action on behalf of the state to assess civil penalties ..... 87

61

against the health care provider, health care provider's agent, ..... 88

62

and the health care facility. Prior to asserting a cause of ..... 89

63

action, the attorney general or the prosecutor shall provide the ..... 90

64

health care provider, health care provider's agent, or health ..... 91

65

care facility where the abortion-inducing drug was prescribed ..... 92

66

with a period of not less than thirty days to comply with the ..... 93

67

requirements of division (B) of this section.

68

(2) Any health care provider, health care provider's ..... 95

69

agent, or health care facility that violates division (B) of ..... 96

70

this section may be liable for a civil penalty, to be assessed ..... 97

71

by the court, of not more than five thousand dollars for each ..... 98

72

day of violation.

73

(3) The court may impose an additional civil penalty that ..... 100

74

shall not exceed ten thousand dollars for each violation of ..... 101

75

division (B) of this section against any health care provider or ..... 102

76

health care facility found by the court to have knowingly ..... 103

77

violated division (B) of this section.

78

(4) Each violation may be treated as a separate violation ..... 105

79

or may be combined into one violation at the option of the ..... 106

80

attorney general or the prosecutor.

81

(5) Civil penalties assessed under divisions (E) (2) and ..... 108

82

(3) of this section shall include statutory interest as defined ..... 109

83

in section 1343.03 of the Revised Code from the date that the ..... 110

84

penalty is assessed by the court to the date that the penalty is ..... 111

85

paid in full and shall be used to fund entities that meet the ..... 112

86

conditions set forth in division (B) of section 5101.804 of the ..... 113

87

Revised Code.

88

(6) Any commercial entity that violates this section may ..... 115

89

be liable to the attorney general or a prosecutor with ..... 116

90

appropriate jurisdiction for all costs, expenses, and fees ..... 117

91

related to investigations and proceedings associated with the ..... 118

92

violation, including attorney's fees.

93

(F) The department of health shall create a form for ..... 120

94

health care providers to use to provide the information required ..... 121

95

by division (B) (1) of this section, including the certification ..... 122

96

described in division (B) (2) of this section. The department ..... 123

97

shall make the form available to health care providers.

98

(G) A woman who is prescribed an abortion-inducing drug is ..... 125

99

not liable under this section.

100

Section 2. This act shall be known as the Abortion Pill ..... 127

101

Provider Liability Education (APPLE) Act. ..... 128