Teleabortion Prevention Act of 2020

“1532. Chemical abortions prohibited without a healthcare provider physically present

“(a) Offense—Any healthcare provider who, in or affecting interstate or foreign commerce, 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; or

“(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,

“(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) Chemical abortion—The term chemical abortion refers to the use of an abortion drug—

“(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.

“(4) Healthcare provider—The term healthcare provider means any person licensed to prescribe prescription drugs under applicable Federal and State laws.

“(5) 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.

“(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.”