AB 718

This bill adds to current law requirements relating to the prescription, use, and disposal of abortion-inducing drugs. Under current law, no person may give an abortion-inducing drug to a woman unless the physician who prescribed, or otherwise provided, the abortion-inducing drug for the woman both performs a physical exam of the woman before certain required information is provided and is physically present in the room when the abortion-inducing drug is given to the woman. A person who violates these requirements is guilty of a Class I felony, but no penalty may be assessed against the woman to whom an abortion-inducing drug is given. The bill adds to the requirements that must be met before a person may give, or attempt to give, an abortion-inducing drug to a woman. The physician who prescribes, or otherwise provides, the abortion-inducing drug must, in addition to current law requirements, 1) ensure that a follow-up visit for the patient is scheduled with the physician’s office to occur not more than seven days after the use or administration of the abortion-inducing drug to assess the patient’s physical condition; and 2) provide a catch kit and medical waste bag, including instructions for the patient to use the catch kit and medical waste bag and to return the catch kit and medical waste bag to the physician’s office for proper disposal. Under the bill, the penalty for violation under current law would also apply to violations of the new requirements.

The bill also provides that the manufacturer of any abortion-inducing drug is responsible for proper disposal of the abortion-inducing drugs and mitigation of any release of an endocrine disruptor caused by the improper disposal of abortion-inducing drugs, including from the disposal of pathological waste. Under the bill, an endocrine disruptor is a chemical that interferes with the hormones of a human body. Under the bill, if an endocrine disruptor resulting from the improper disposal of an abortion-inducing drug is detected in wastewater, the manufacturer of the abortion-inducing drug is subject to provisions known collectively as the “spills law.” In general, the spills law provides that a person that possesses or controls a hazardous substance or that causes the discharge of a hazardous substance must notify the Department of Natural Resources immediately, restore the environment to the extent practicable, and minimize the harmful effects from the discharge. If action is not being adequately taken, DNR may take emergency action to contain or remove the hazardous substance. The bill provides that a violation of these requirements is subject to a forfeiture of not more than $20,000 per violation.

Under current law, DNR regulates water quality and the operation of water systems and wastewater treatment plants. The bill requires DNR to require operators of wastewater treatment plants to regularly test for the presence of endocrine disruptors and authorizes DNR to assist the operators to develop that capacity.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.