Chemical Abortion Risk Awareness Act
Sponsored By: Representative Stutzman
Introduced
Summary
Would impose informed-consent and accountability rules on chemical abortion providers. It would add a new Title XXXIV to the Public Health Service Act to set specific disclosure steps, create a private right of action, and allow withholding of federal funds for noncompliance.
Show full summary
- Women and families: Providers would have to give the FDA product label in paper and electronic form, highlight the Warnings and Precautions and Adverse Reactions sections, read those highlighted sections aloud, and get written confirmation at least 24 hours before a chemical abortion.
- Providers and federally funded entities: Any chemical abortion provider who receives federal funds or works for an entity that receives federal funds would need to file an implementation plan within 30 days and follow the new Title XXXIV rules. The Secretary could withhold federal funding from noncompliant providers or their employing entities.
- Legal remedies and penalties: A woman or a parent could sue for injuries from violations. Courts could award verifiable compensatory damages, statutory damages equal to three times the cost of the abortion, punitive damages, and reasonable attorney’s fees to prevailing plaintiffs while allowing fee awards to defendants only for frivolous suits.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 1 benefits, 1 costs, 3 mixed.
New funding and plan rules for providers
If enacted, beginning 30 days after enactment, any chemical abortion provider who receives federal funds or works for an entity that receives federal funds would need to follow this title. The provider or its entity would have to file an implementation plan with the Secretary within 30 days of enactment. The Secretary would be allowed to withhold federal funding from a noncompliant provider, the entity that employs the provider, or both. This could reduce local access or raise out-of-pocket travel or care costs for patients.
New civil damages and lawsuit rights
If enacted, a woman, or a parent of a woman in some cases, would be able to sue a chemical abortion provider for violations of the title. A successful plaintiff could get verifiable money damages for injuries, punitive damages, and statutory damages equal to three times the cost of the abortion, plus reasonable attorney fees. A prevailing defendant could get attorney fees only if the court finds the plaintiff's suit frivolous. Monetary relief generally could not be assessed against the woman who received the abortion except as allowed for frivolous suits.
States can keep stricter disclosure rules
If enacted, nothing in the bill would stop States from keeping or enforcing disclosure rules or penalties about abortion that are more extensive than the federal rules in this title. States with stricter requirements could continue to apply them. This does not change federal spending.
24-hour drug-label disclosure before abortion
If enacted, a covered chemical abortion provider would have to give the woman both electronic and paper copies of the full FDA product label for each drug at least 24 hours before the abortion. The provider would have to highlight and read the 'Warnings and Precautions' and 'Adverse Reactions' sections to the woman and get her written confirmation that this was done. This adds an information requirement and a mandatory pre-procedure step that could delay care or add administrative steps.
New definitions for abortion rules
If enacted, the bill would define key terms used in the title. 'Chemical abortion' would mean using or prescribing an abortion-inducing drug with intent to cause the unborn child's death, but it would exclude actions taken to save the mother's life, and exclude treatment of ectopic or molar pregnancy and miscarriage. 'Chemical abortion provider' would mean anyone licensed under Federal or State law. The title would also define 'unborn child' and define 'woman' as a human with XX chromosomes for the purposes of this title.
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Sponsors & CoSponsors
Sponsor
Stutzman
IN • R
Cosponsors
Rep. Harshbarger, Diana [R-TN-1]
TN • R
Sponsored 1/23/2026
Roll Call Votes
No roll call votes available for this bill.
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