Medication abortion providers would need in-person care and waste kits

Providers would have to examine patients in person, be physically present where the abortion occurs, schedule a follow-up visit, and supply waste collection containers. The rules would cover providers who knowingly provide or attempt medication abortions involving trade across state lines. Drugs used to produce a live birth or remove a fetus that has died would be excluded. Abortions needed to save a patient's life from a physical disorder, illness, or injury would be exempt. Treatment of a verified ectopic pregnancy would remain unaffected. Providers would supply instructions for patients to return the collection container and medical waste bag for proper disposal. Each violation would be a felony punishable by up to $10,000, up to three years in prison, or both. Patients could not be prosecuted under this section, including for conspiracy. The follow-up visit would have to occur no more than seven days after the drug is administered or used.

Abortion drug manufacturers would have to ensure proper disposal of discarded drugs and address specified harm to public waste systems. The duties would cover discarded abortion drugs and harm from hormone-disrupting drug byproducts entering wastewater through remains from at-home abortions. Drugs used for live birth or removal of a fetus that has died would be excluded. Finding hormone-disrupting abortion drug byproducts in wastewater would trigger manufacturer responsibility for cleanup and further prevention. A person who violates the disposal or environmental harm duties in subsection (1) could face a fine of up to $20,000 per violation.