Bill Text: NJ A5513 | 2026-2027 | Regular Session | Introduced
Bill Title: Requires notification of possible complications of abortion-inducing drugs and right to sue for injury; establishes crime of criminal abortion by fraud.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced) 2026-09-17 - Introduced, Referred to Assembly Health Committee [A5513 Detail]
Download: New_Jersey-2026-A5513-Introduced.html
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Requires notification of possible complications of abortion-inducing drugs and right to sue for injury; establishes crime of criminal abortion by fraud.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning abortion-inducing drugs and supplementing Title 10 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the Abortion Pill Provider Liability Education ("APPLE") Act.
2. Definitions.
a. "Abortion" means the use or prescription of any instrument or device or of an abortion-inducing drug:
(1) to intentionally kill, or attempt to kill, the preborn child of a woman known to be pregnant; or
(2) to intentionally terminate, or attempt to terminate, the pregnancy of a woman known to be pregnant, with an intention other than:
(a) to produce a live birth and preserve the life and health of the child if born alive; or
(b) to remove a dead preborn child or an ectopic pregnancy.
b. "Abortion-inducing drug" means a drug or substance prescribed or dispensed with the intent of terminating a clinically diagnosable pregnancy knowing that the termination will, with reasonable likelihood, cause the death of the fetus. "Abortion-inducing drug" includes the off-label use of a drug known to have abortion-inducing properties if the drug is prescribed with the intent of causing an abortion.
c. "Abortion drug provider" means any person or entity, whether or not authorized or licensed by the State, who provides in any capacity the means to deliver, arrange, offer, or give abortion-inducing drugs to a woman with the intention of terminating the pregnancy of the woman.
d. "Agent" means any person who acts for another at the request or with the knowledge of the other in dealing with third persons.
e. "Attempting to perform or induce an abortion" means to perform an act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct intended to culminate in performing an abortion. Such substantial steps include, but are not limited to:
(1) agreeing with an individual to perform an abortion on that individual or on some other person, whether or not the term "abortion" is used in the agreement, and whether or not the agreement is contingent on another factor such as receipt of payment or a determination of pregnancy;
(2) scheduling or planning a time to perform an abortion on an individual, whether or not the term "abortion" is used, and whether or not the performance is contingent on another factor such as receipt of payment or a determination of pregnancy; or
(3) selling, shipping, delivering, dispensing, or otherwise providing an abortion-inducing drug or instrument knowing its intended use is to cause an abortion, including arranging telehealth or online fulfillment to that end. The phrase "attempting to perform or induce an abortion" shall not be construed to require that an abortion must be initiated for an attempt to occur.
f. "Chemical abortion" means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the preborn child.
g. "Complication" means any harmful event or adverse outcome with respect to a patient related to a chemical abortion performed or attempted on the patient and that is diagnosed or treated by a health care practitioner or at a health care facility or by emergency care personnel from a hospital, ambulatory surgical center, or mobile unit and which may include but is not limited to:
(1) shock;
(2) hemorrhage;
(3) aspiration or allergic response;
(4) infection;
(5) sepsis;
(6) death of the patient;
(7) incomplete chemical abortion requiring additional treatment;
(8) incomplete chemical abortion requiring further surgical procedures that may include risks such as, among others, uterine perforation, cervical laceration, or scarring;
(9) damage to the uterus;
(10) the continuation of the pregnancy;
(11) psychological or emotional trauma at the decision to undergo a chemical abortion, the abortion process, the outcome, the encounter with the aborted child; or
(12) excessive pain, discomfort, or nausea.
h. "Entity" means an estate, a for-profit or nonprofit organization, or other legal organization, including a public corporation, or a governmental entity, including the State or a county, municipality, or other political subdivision of the State, or any agency, authority, department, or other entity thereof.
i. "Medical emergency" means a condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions or threats of self-harm. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends will result in her death or in substantial and irreversible physical impairment of a major bodily function.
j. "Health care provider" means a person, practice, partnership, corporation, limited liability company, health care facility, entity, or institution licensed in the State, or certified to provide health care or professional health care services, including, but not limited to, a physician, osteopathic physician, physician assistant, advanced practice registered nurse, hospital, or health care facility.
k. "Manufacturer," "supplier," or "distributor," when used with respect to an abortion-inducing drug, means any person or entity that:
(1) Designs, formulates, compounds, manufactures, produces, packages, labels, markets, advertises, promotes, sells, offers for sale, ships, delivers, or distributes a drug that is designed, intended, or marketed for the purpose of causing the death of an preborn child or inducing an abortion; and
(2) Knowingly places such drug into the stream of commerce for use, sale, or distribution within this State or to persons in this State.
(3) The terms "manufacturer," "supplier," or "distributor" do not include any person or entity that designs, manufactures, distributes, or sells a drug that:
(a) has a legitimate therapeutic or medical indication approved by the United States Food and Drug Administration;
(b) is not designed, intended, marketed, promoted, or distributed for the purpose of inducing an abortion or intentionally causing the death of a preborn child; and
(c) is not intended, marketed, promoted, or distributed knowing that it will be used to cause an abortion or the death of an preborn child.
l. "Physician" means a person licensed to practice medicine in this State pursuant to R.S.45:9-1 et seq.
m. "Stable Internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the Department of Health.
n. "Woman" means a biologically female individual, including an individual who has not reached the age of majority.
3. Informed consent.
a. Except in the case of a medical emergency, a chemical abortion shall not be provided, performed, induced, or attempted to be provided, performed, or induced, or an abortion-inducing drug prescribed with the intention to terminate a pregnancy, unless:
(1) Prior to the chemical abortion, the abortion drug provider, prescriber, physician, or other healthcare provider or the person's agent provides written information to accompany any instructions, in addition to the list of potential complications set out in subsection g. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), given to the pregnant woman, which shall include the following statement:
Right to Sue:
If you decide to take an abortion-inducing drug to end your pregnancy, the State of New Jersey wants you to be aware that you and your family may seek monetary damages and you may be able to hold the manufacturer, distributor, your prescriber, and any of their agents financially accountable should you die or suffer injury as a consequence of taking these drugs.
Physical Injuries:
These injuries may include not just death, but physical complications or debilitating side effects such as infection, excessive bleeding, and the rupture of a previously undetected ectopic pregnancy, among other injuries.
Psychological Trauma:
Psychological trauma arising from the chemical abortion, the abortion process, or any of the sequelae are also grounds for compensation. This includes but is not limited to the stress of the abortion experience, emotional disturbances, dreams of an encounter with the aborted child, depression at the pregnancy loss, and impacted social relationships.
Product Failure:
You or your family may sue if the medication fails to work. For example, tissue may remain inside you that may require further medication or surgical intervention to complete the process.
False Advertising:
You or your family may sue if you feel that the prescriber or the prescriber's agent in any way misrepresented to you how the drug works, what the drug does, or the likelihood or seriousness of the risks or side effects of the drug or the pain or difficulty of the chemical abortion experience.
Failure to Warn:
If a prescriber or the prescriber's agent fails to warn you of the risks of chemical abortion or in any way minimizes the likelihood or seriousness of those risks or the length of or amount of pain or discomfort involved, you or your family may sue for damages.
(2) Every recipient of a
chemical abortion shall receive the following written notice from the
prescriber, doctor, health care professional, or other person providing the
abortion-inducing drug:
POSSIBLE REVERSAL.
If you've started a chemical abortion utilizing mifepristone first but now regret it, you're not alone.
IT MAY NOT BE TOO LATE TO SAVE YOUR PREGNANCY.
Abortion Pill Reversal (APR) is a safe and effective process that gives your baby a second chance at life.
A 24/7 helpline can connect you with a trusted medical professional nearby who can help you take the next step toward reversing the abortion pill.
Time is critical. Call now at 1-877-558-0333 or visit www.AbortionPillReversal.com
APR has been shown to increase the chances of allowing the pregnancy to continue. However, the outcome of your particular reversal attempt cannot be guaranteed.
Personal Immunity / Emergency Help
Should you find it necessary to seek emergency care or other care to deal with complications related to taking an abortion-inducing drug, understand that you cannot be prosecuted or in any way penalized or be denied care for revealing that you have taken an abortion-inducing drug or for seeking care or treatment for complications stemming from that action, no matter what your degree of knowledge, participation, awareness, or acquiescence may be in that action.
If you have taken an abortion-inducing drug and are experiencing complications you should bring the drug label or package insert with you and tell emergency personnel what you have taken; it could save your life.
b. Certification required. Prior to a chemical abortion, the pregnant woman shall certify in writing, on a form prepared by the Department of Health, that the information described in subsection a. of this section has been furnished to her, and that she is aware of her rights and has been informed of her opportunity to review the information.
c. Copy of certification. Prior to the chemical abortion, the physician or healthcare provider or the person's agent shall receive a copy of the written certification prescribed by subsection b. of this section.
d. Filing of certification. The abortion drug provider, physician, health care provider, or agent shall retain a copy of the written certification required by subsection b. of this section, and a copy shall be given to the patient. The certification shall be placed in the patient's medical file and shall be retained by the abortion provider for a period of not less than seven years. If the patient is a minor, the certification shall be placed in the minor's medical file and be retained for at least seven years, or for five years after the minor reaches the age of majority, whichever is greater.
e. The abortion drug provider, physician, health care provider, or agent shall only be required to retain records concerning the provisions of abortion-inducing drugs to a patient who is a woman.
4. Reporting.
a. Standardized form. Within 90 days of the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health shall prepare a standardized reporting form for all abortion drug providers and facilities providing or prescribing abortion-inducing drugs for the purpose of chemical abortions. The form shall include a copy of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall provide for the listing of the following information:
(1) the number of women within the State prescribed or provided abortion-inducing drugs;
(2) the number of women to whom the abortion drug provider provided the information described in subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), including the number provided by telephone, electronically, and in person, and the number provided in the capacity of an abortion drug provider, physician, or healthcare provider or the person's agent who prescribed or provided the chemical abortion;
(3) the number of chemical abortions provided by the abortion drug provider, physician, healthcare provider, or the person's agent in which information required by P.L. , c. (C. ) (pending before the Legislature as this bill) to be provided before the chemical abortion was not so provided because an immediate abortion was necessary to avert the woman's death, as well as the number of chemical abortions in which such information was not so provided because a delay would create a medical emergency as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Abortion complication reporting requirements. Within 90 days of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health shall prepare a reporting form for all physicians or facilities that treat any complication arising from a known chemical abortion that has been provided, attempted to be provided, or prescribed containing a copy of P.L. , c. (C. ) (pending before the Legislature as this bill) and providing for the listing of:
(1) The date the patient presented for treatment for the chemical abortion complication;
(2) The age of the patient;
(3) The race of the patient;
(4) The state of the patient's residence;
(5) The county of the patient's residence;
(6) The type of abortion or which abortion-inducing drug was obtained by the patient;
(7) Approximate gestational age in weeks, as measured from the last menstrual period of the mother, of the preborn child subject to the chemical abortion;
(8) If a determination of probable gestational age was made, whether ultrasound was employed in making the determination;
(9) The date of abortion obtained by the patient;
(10) The names of the physician, prescriber, provider, entity, or healthcare facility where the patient obtained the abortion; and the names of the pharmacy and pharmacist, whether on-line or retail, from whom the patient obtained the prescription or the abortion-inducing drug;
(11) Whether the patient obtained the abortion-inducing drug via mail-order or Internet web site, and if so, information identifying the source of the medication, including the name of the prescriber, prescribing entity, or supplying entity, the web address, the physical address of the supplier, address of shipping origin, and full contact information;
(12) Whether the complication was previously managed by the abortion drug provider or the abortion drug provider's required back-up physician or healthcare provider;
(13) The names of all medications taken by the patient as part of the pharmaceutical abortion regimen, if any;
(14) A list of possible complications following an attempted or successful termination of pregnancy;
(15) Description of the treatment provided for each complication;
(16) A list of each treated complication, with a description of the treatment provided;
(17) Whether the patient's visit to treat the complications was the original visit or a follow-up visit;
(18) The date of each follow-up visit, if any;
(19) A list of each complication diagnosed at a follow-up visit, if any; and
(20) A list of each complication treated at a follow-up visit, if any.
c. The reporting requirements of this section apply only to:
(1) An abortion drug provider, physician, or healthcare provider who:
(a) performs or provides surgical or chemical abortions, whether in a facility or via telehealth, that results in an abortion complication diagnosed or treated by that physician or healthcare provider; or
(b) diagnoses or treats at an abortion facility an abortion complication arising from an abortion-inducing drug that is the result of an abortion performed by another physician at the facility; or
(2) A health care facility that provides emergency medical care, a hospital, abortion facility, freestanding emergency medical care facility.
d. An abortion drug provider, physician, healthcare provider, hospital, or facility shall electronically submit to the Department of Health a report on each abortion complication diagnosed or treated by the abortion drug provider, physician, healthcare provider, hospital or facility not later than the end of 15 business days after the date on which the abortion complication was diagnosed or treated.
e. Nothing in the reports required by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall contain a patient's name, address, or any other information specifically identifying any patient.
f. No later than June 1 of each year, the Department of Health shall issue, on its stable Internet website, a public Annual Abortion Report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this section.
g. An abortion drug provider, physician, healthcare provider, healthcare facility, or hospital that knowingly violates this section and fails to report as provided in this section is subject to a civil penalty of $1,000 for each violation. All penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
5. Department of Health duties.
a. Public awareness campaign. Within 90 days following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health shall develop, implement, and maintain a comprehensive public information and awareness program to inform the public about a woman's right to know about the risks associated with chemical abortion and her right to sue if injured and hold abortion drug providers accountable for failure to disclose the information required in P.L. , c. (C. ) (pending before the Legislature as this bill). The program shall be ongoing and updated at least quarterly.
b. Website. The Department of Health shall maintain a stable Internet website that uses images and graphics of sufficient resolution to display clearly on commonly used desktop and mobile devices dedicated to informing the public of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and that:
(1) presents easily comprehensible information regarding the requirement for abortion drug providers in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) includes a clear statement that seeking emergency medical care will not result in criminal or civil penalties to the pregnant woman;
(3) is accessible to the public without requiring registration or the use of a user name, a password, or other user identification; and
(4) is available in English and in each language which is the primary language of two percent or more of the State's population.
(c) The department shall not collect, use, retain, or disclose personally identifiable information regarding individuals who access the website except as otherwise authorized by law.
(d) For purposes of this section, "personally identifiable information" shall be governed by standards analogous to those in the federal Privacy Act of 1974 (5 U.S.C. � 552a) and applicable State privacy laws, and shall not include anonymized or aggregated technical data necessary for cybersecurity and site maintenance.
6. Abortion provider duties.
If an abortion provider has an Internet website, the website home page shall link to the Department of Health informed consent materials, as set out in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), by at least two direct links, one of which is posted prominently.
7. Civil actions.
a. A cause of action for civil damages against a person who has performed or prescribed a chemical abortion in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) may be maintained by:
(1) Any woman upon whom a chemical abortion has been provided in violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) The father of the preborn child; or
(3) If the woman had not attained the age of 18 years at the time of the chemical abortion, the woman's parents, or any guardian or conservator of the woman who has been appointed pursuant to Title 3B of the New Jersey Statutes.
(4) If the woman has died as a result of the chemical abortion or a complication of the chemical abortion, any party entitled to bring a wrongful death or survival action pursuant to the law of this State.
b. No damages may be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
c. Damages awarded in such an action shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the chemical abortion;
(2) Statutory damages equal to three times the amount of actual damages; and
(3) Reasonable costs and attorney's fees.
d. No criminal or civil penalty and no taxing of litigation costs or attorney's fees may be assessed against the pregnant woman upon whom the abortion is performed, prescribed, or induced or attempted to be performed, prescribed or induced.
8. Civil action on behalf of the State.
a. The Attorney General or county prosecutor with appropriate jurisdiction may conduct an investigation of any alleged violation of sections 2, 3, or 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and initiate a civil action on behalf of the State to assess civil penalties. Prior to initiating such civil action, the Attorney General or county prosecutor shall provide the abortion drug provider, physician, healthcare provider, or healthcare facility where the chemical abortion was provided or attempted to be provided with a period of time of not less than 30 days to comply with the appropriate provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Any abortion drug provider, physician, healthcare provider, or healthcare facility where chemical abortions are provided or attempted to be provided that violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) may be liable for a civil penalty, to be assessed by the court, of not less than $100,000 for each day of violation to be paid to the State, in order to fund pregnancy resource centers that do not provide, perform, or refer for abortions.
c. In addition to the remedies provided in this section, the Attorney General or county prosecutor may request and the court may impose an additional civil penalty not to exceed $25,000 for each violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) against any abortion drug provider, physician, healthcare provider, agent of the abortion drug provider, physician or healthcare provider, or healthcare facility where the abortion was provided, performed or attempted to be provided or performed, found by the court to have knowingly failed to provide reasonable informed consent prior to an attempted chemical abortion, whether or not that abortion was successful or complete, and whether or not it led to significant complications. The civil penalty shall be paid to the State in order to fund pregnancy resource centers that do not provide, perform or refer for abortions.
d. Each violation may be treated as a separate violation with separate penalties or may be combined into one violation with combined penalties at the option of the Attorney General or prosecutor.
e. Any commercial entity that violates this section may be liable to the Attorney General or prosecutor for all costs, expenses, and fees related to investigations and proceedings associated with the violation, including attorney fees.
f. If the court assesses a civil penalty pursuant to this section, the State shall be entitled to legal interest as provided in the Rules of Court from the date of imposition of the penalty until paid in full.
g. Notwithstanding any other law, the following are not defenses to an action brought under this section:
(1) ignorance or mistake of law;
(2) a person's belief that any provision of P.L. , c. (C. ) (pending before the Legislature as this bill) is or was unconstitutional;
(3) a person's belief that the laws of another state or jurisdiction, including an abortion shield law, would render P.L. , c. (C. ) (pending before the Legislature as this bill) ineffective; or
(4) a person's reliance on a state or federal court decision that is not binding on the court in which the action has been brought.
h. No manufacturer, supplier, or distributor shall be criminally or civilly liable under P.L. , c. (C. ) (pending before the Legislature as this bill) by reason only of the fact that a drug lawfully produced for legitimate therapeutic purposes is misused by another person to induce an abortion.
9. Attorney's fee.
(a) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.
(b) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.
10. Criminal penalty; no liability for pregnant woman.
a. A violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) is a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, shall be subject to a fine of not less than $10,000.
b. No criminal liability or civil penalty shall be imposed or assessed against a pregnant woman upon whom a chemical abortion is performed, prescribed, or induced or attempted to be performed, prescribed, or induced, regardless of how or where the pregnant woman obtained the abortion-inducing drug and regardless of the level of knowledge or understanding with which the pregnant woman obtained or used the abortion-inducing drug.
11. Protection of privacy in court proceedings.
In every civil, criminal, or administrative proceeding or action brought under P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall determine whether the anonymity of a woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure.
Upon ruling that the woman's anonymity shall be preserved, the court shall issue appropriate orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent to the contrary by the woman upon whom an abortion has been performed or attempted to be performed, anyone other than a public official who brings an action under P.L. , c. (C. ) (pending before the Legislature as this bill) shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
12. Criminal abortion by means of fraud.
a. A person commits criminal abortion by means of fraud if the person knowingly administers or gives an abortion-inducing drug to a pregnant woman without the pregnant woman's knowledge or consent with the purpose to cause an abortion. Criminal abortion by means of fraud is a crime of the third degree.
b. Prosecution under this subsection shall not bar prosecution for any other offense if the abortion-inducing drug causes the death of, or bodily injury to, the pregnant woman or unborn child.
13. Rules and regulations.
The Department of Health shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52:14B-1 et seq.) to effectuate the purposes of sections 1 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
14. Effective date.
P.L. , c. (C. ) (pending before the Legislature as this bill) shall take effect on the 90th day following enactment.
STATEMENT
This bill is titled the Abortion Pill Provider Liability Education ("APPLE") Act. The bill requires persons who dispense abortion-inducing drugs to provide information to pregnant patients concerning possible side effects and complications. The bill also authorizes civil actions and criminal penalties against providers who fail to comply with the bill. In addition, the bill establishes the crime of coerced criminal abortion by means of fraud.
NOTICE REQUIRED FOR CHEMICAL ABORTIONS. The bill provides that except in the case of a medical emergency, a chemical abortion is not to be provided, performed, induced, or attempted, or an abortion-inducing drug prescribed, with the intention to terminate a pregnancy, unless the provider, prescriber, physician, or other healthcare provider or that person's agent provides written information to the pregnant woman.
The bill defines "chemical abortion" as the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the preborn child.
Under the bill, the provider or the provider's agent must also provide the pregnant woman a list of potential complications. The list must include information concerning the right to sue providers for possible physical injuries, psychological trauma, product failure resulting in the need for surgical intervention, false advertising, and failure to warn of risks of the drugs. The provider is also required to provide written notice of the possibility that a woman who regrets her decision to take an abortion-inducing drug may be able to reverse the abortion process and maintain her pregnancy. The bill provides that an abortion drug provider, physician, healthcare provider, healthcare facility, or hospital that knowingly violates the bill by failing to report the potential complications to a patient is subject to a civil penalty of $1,000 for each violation.
CERTIFICATIONS AND FILING REQUIREMENTS. In addition, the bill requires that prior to a chemical abortion, the pregnant woman is to certify in writing, on a form prepared by the Department of Health, that the information described in the bill has been furnished to her, and that she is aware of her rights and has been informed of her opportunity to review the information.
The bill requires the health care provider to retain a copy of the written certification for at least seven years or, if the patient is a minor, for at least seven years or for five years after the minor reaches the age of majority, whichever is greater.
The bill also provides that an abortion drug provider, physician, health care provider, or agent shall be required to retain records for the provision of abortion-inducing drugs to women. The bill defines a "woman" as a biologically female individual, whether or not she has reached the age of majority.
INFORMATION REQUIRED TO BE KEPT BY PROVIDERS. Under the bill, all abortion drug providers and facilities providing or prescribing abortion-inducing drugs are required to file forms with information concerning the number of women prescribed or provided abortion-inducing drugs; the number of women to whom the abortion drug provider provided the information set out in the bill; the number of chemical abortions provided by the abortion drug provider or health care provider in which information required by the bill was not provided because an immediate abortion was necessary to avert the woman's death; and the number of chemical abortions in which such information was not so provided because a delay would create a medical emergency.
All physicians and facilities that treat complications arising from chemical abortions would also be required to report information concerning, among other topics, patient demographics; the type of abortion performed; the names of the pharmacy and pharmacist, whether on-line or retail, from whom the patient obtained the prescription or the abortion-inducing drug; information identifying the source of the medication, including the name of the prescriber, prescribing entity, or supplying entity, the web address, the physical address of the supplier, address of shipping origin, and full contact information; whether the complication was previously managed by the abortion drug provider or the abortion drug provider's required back-up physician or healthcare provider; the names of all medications taken by the patient as part of the pharmaceutical abortion regimen, if any; a list of possible complications following an attempted or successful termination of pregnancy; and a description of the treatment provided for each complication.
INFORMATION PROVIDED BY DEPARTMENT OF HEALTH; WEBSITE. The bill also requires the Department of Health to develop and maintain a public information and awareness program to inform the public about a woman's right to know about the risks associated with chemical abortion and her right to sue if injured and hold abortion drug providers accountable.
Under the bill, if an abortion provider has an Internet website, the website home page must link to the Department of Health informed consent materials, as set out in the bill, by at least two direct links.
CIVIL ACTIONS AND CIVIL PENALTIES. The bill specifies that a cause of action for civil damages against a person who has performed or prescribed a chemical abortion in violation of the bill may be brought by a woman upon whom a chemical abortion was provided in violation of the bill; the father of the preborn child; if the woman had not attained the age of 18 years at the time of the chemical abortion, the woman's parents, or any guardian or conservator of the woman who has been appointed pursuant to Title 3B of the New Jersey Statutes. If the woman died as a result of the chemical abortion or a complication of the chemical abortion, any party entitled to bring a wrongful death or survival action pursuant to the law of this State may bring the action.
CRIMINAL PENALTIES AND ESTABLISHMENT OF NEW CRIME. A violation of the provisions of the bill is a disorderly persons offense, which is generally punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. However, under the bill, a person convicted of this offense would be subject to a fine of not less than $10,000. In addition, the bill establishes the new crime of criminal abortion by means of fraud. A person is guilty of this crime if the person knowingly administers or gives an abortion-inducing drug to a pregnant woman without the pregnant woman's knowledge or consent with the purpose to cause an abortion. Criminal abortion by means of fraud is a crime of the third degree. A crime of the third degree is generally punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. The bill provides that prosecution for this crime would not bar prosecution for any other crime or offense if the abortion-inducing drug causes the death of, or bodily injury to, the pregnant woman or unborn child.
EXCLUSIONS FROM CRIMINAL LIABILITY AND PRIVACY PROTECTIONS. The bill provides that no criminal liability or civil penalty could be imposed or assessed against a pregnant woman upon whom a chemical abortion is performed, prescribed, or induced or attempted to be performed, prescribed, or induced, regardless of how or where the pregnant woman obtained the abortion-inducing drug and regardless of the level of knowledge or understanding with which the pregnant woman obtained or used the abortion-inducing drug.
The bill also provides that the court would determine whether the identity of a woman upon whom an abortion has been performed or attempted to be performed should be preserved from public disclosure. If the court rules the woman's anonymity should be preserved, the court would direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary.
