20-16-1504. Unlawful distribution of abortion-inducing drug.

20-16-1504. Unlawful distribution of abortion-inducing drug. (a)(1) It shall be unlawful to knowingly give, sell, dispense, administer, or otherwise provide or prescribe an abortion-inducing drug to a pregnant woman to induce an abortion or enable another person to induce an abortion unless the person who gives, sells, dispenses, administers, or otherwise provides or prescribes the abortion-inducing drug is a physician and the provision or prescription of the abortion-inducing drug satisfies the protocol authorized by the United States Food and Drug Administration, as outlined in the final printed labeling for the drug or drug regimen. (2) In the case of the Mifeprex regimen, the final printed labeling for Mifeprex includes the United States Food and Drug Administration-approved dosage and administration instructions for both mifepristone and misoprostol. (b) Because the failure and complication rates from medical abortion increase with advancing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug shall first examine the woman and document in the woman's medical chart prior to giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug the following information without limitation: (1) Gestational age; and (2) Intrauterine location of the pregnancy. (c) Every pregnant woman to whom a physician gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion-inducing drug shall be provided with a copy of the drug's label. (d)(1) The physician who gives, sells, dispenses, administers, or otherwise provides or prescribes the abortion-inducing drug shall have a signed contract with a physician who agrees to handle complications and be able to produce that signed contract on demand by the patient or by the Department of Health. (2) The physician who contracts to handle emergencies shall have active admitting privileges and gynecological/surgical privileges at a hospital designated to handle any emergencies associated with the use or ingestion of the abortion-inducing drug. (3) Every pregnant woman to whom a physician gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion-inducing drug shall receive the name and phone number of the contracted physician and the hospital at which that physician maintains admitting privileges and which can handle any emergencies. (e)(1) The physician who gives, sells, dispenses, administers, or otherwise provides or prescribes any abortion-inducing drug, or an agent of the physician, shall schedule a follow-up visit for the woman for approximately fourteen (14) days after administration of the abortion-inducing drug to confirm that the pregnancy is completely terminated and to assess the degree of bleeding. (2) The physician or agent of the physician shall make all reasonable efforts to ensure that the woman returns for the scheduled appointment. (3) A brief description of the efforts made to comply with this subsection, including without limitation the date, time, and identification by name of the person making such efforts, shall be included in the woman's medical record.