HOUSE BILL 236

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Jenifer Jones

 

 

 

 

 

AN ACT

RELATING TO HEALTH CARE; REQUIRING NOTICE BE PROVIDED TO PATIENTS SEEKING MEDICATION ABORTIONS; PROVIDING PENALTIES; CREATING A PRIVATE RIGHT OF ACTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] NOTICE TO MEDICATION ABORTION PATIENTS.--

          A. As used in this section:

                (1) "medical emergency" means a condition that, in reasonable medical judgement, so complicates the medical condition of a patient as to necessitate the immediate abortion of the pregnancy to avoid the patient's death, or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function;

                (2) "medication abortion" means the use or prescription of any drug for the purpose of inducing an abortion; and

                (3) "mifepristone" means the drug mifepristone, including any official, generic or chemical name used to describe mifepristone, prescribed for a medication abortion.

          B. Any office, clinic, hospital, pharmacy or other health care facility where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post a conspicuous sign in a place clearly visible to patients and customers, printed with lettering that is legible and at least three-fourths of an inch in boldface type, that shall read:

     "NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS THAT USE MIFEPRISTONE: Mifepristone, also known as RU-486 or mifeprex, alone is not always effective in ending a pregnancy. It may be possible to reverse the drug's intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can get immediate help by accessing available resources.".

          C. An office, clinic or other health care facility that is not a hospital or pharmacy where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post the sign required by Subsection B of this section in each patient waiting room and patient consultation room used by patients seeking medication abortions.

          D. A hospital where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post the sign required by Subsection B of this section in each patient admission area used by patients seeking medication abortions.

          E. A pharmacy where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post the sign required by Subsection B of this section in the area inside the premises where customers are provided prescription medications and on the exterior of the premises in the area where customers are provided prescription medications via a drive-through window.

          F. Except in the case of a medical emergency, no physician shall provide, induce or attempt to provide or induce a medication abortion that uses mifepristone without providing the patient written notice at least twenty-four hours prior to the medication abortion that includes information on:

                (1) the possibility of reversing the intended effects of a medication abortion that uses mifepristone; and

                (2) resources for reversing a medication abortion, including contact information that the patient can use to obtain timely assistance to attempt to reverse the medication abortion.

          G. When a medical emergency compels the performance of a medication abortion that uses mifepristone, the physician shall inform the patient, prior to the medication abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the patient's death or that a twenty-four-hour delay would create serious risk of substantial and irreversible impairment of a major bodily function, excluding psychological or emotional conditions.

          H. By September 1, 2025, the department of health shall publish materials on the department's website to provide information on:

                (1) the possibility of reversing the intended effects of a medication abortion that uses mifepristone; and

                (2) resources available to reverse the effects of a medication abortion that uses mifepristone.

          I. The health care authority shall assess a fine not to exceed ten thousand dollars ($10,000) to any office, clinic, hospital, pharmacy or other health care facility that fails to post a sign required by Subsection B of this section.

          J. If a physician provides a medication abortion using mifepristone in violation of this section, the following individuals may bring a civil action in a court of competent jurisdiction against the physician for compensatory damages, punitive damages and any other appropriate relief:

                (1) the patient that was provided mifepristone; or

                (2) the patient's biological parents, if the patient was not eighteen years of age or older at the time of the medication abortion, or if the patient died as a result of the medication abortion.

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