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Protecting Reproductive Freedom Act

H.R. 8976 · 117th Congress · Sep 22, 2022 · Lineage

A BILL

To preempt State restrictions on dispensing mifepristone or misoprostol, and for other purposes.

Section 1 Short title

This Act may be cited as the “Protecting Reproductive Freedom Act”.

Sec. 2 Preemption of State restrictions on dispensing mifepristone and misoprostol

No State may establish, implement, or enforce—
(1)
any prohibition or restriction on shipping or sending mifepristone or misoprostol across State lines;
(2)
any requirement that mifepristone or misoprostol be dispensed by a health care practitioner in person; or
(3)
any prohibition or restriction on prescribing or dispensing mifepristone or misoprostol by means of telehealth.

Sec. 3 Report

Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit a report to the Congress on ways to expand access to abortion medication.

Sec. 4 Definitions

In this Act:
(1)
The term mifepristone means mifepristone that is—
(A)
approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B)
indicated for medical abortion; and
(C)
subject to a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1).
(2)
The term misoprostol means misoprostol that is—
(A)
approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B)
indicated for medical abortion; and
(C)
subject to a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1).