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HOUSE BILL 236
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Jenifer Jones
AN ACT
RELATING TO HEALTH CARE; REQUIRING NOTICE BE PROVIDED TO
PATIENTS SEEKING MEDICATION ABORTIONS; PROVIDING PENALTIES;
CREATING A PRIVATE RIGHT OF ACTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] NOTICE TO MEDICATION ABORTION
PATIENTS.--
A. As used in this section:
(1) "medical emergency" means a condition
that, in reasonable medical judgement, so complicates the
medical condition of a patient as to necessitate the immediate
abortion of the pregnancy to avoid the patient's death, or for
which a delay will create serious risk of substantial and
irreversible physical impairment of a major bodily function;
(2) "medication abortion" means the use or
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prescription of any drug for the purpose of inducing an
abortion; and
(3) "mifepristone" means the drug
mifepristone, including any official, generic or chemical name
used to describe mifepristone, prescribed for a medication
abortion.
B. Any office, clinic, hospital, pharmacy or other
health care facility where mifepristone is prescribed,
dispensed or administered for the purpose of inducing a
medication abortion shall post a conspicuous sign in a place
clearly visible to patients and customers, printed with
lettering that is legible and at least three-fourths of an inch
in boldface type, that shall read:
"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS THAT USE
MIFEPRISTONE: Mifepristone, also known as RU-486 or mifeprex,
alone is not always effective in ending a pregnancy. It may be
possible to reverse the drug's intended effect if the second
pill or tablet has not been taken or administered. If you
change your mind and wish to try to continue the pregnancy, you
can get immediate help by accessing available resources. ".
C. An office, clinic or other health care facility
that is not a hospital or pharmacy where mifepristone is
prescribed, dispensed or administered for the purpose of
inducing a medication abortion shall post the sign required by
Subsection B of this section in each patient waiting room and
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patient consultation room used by patients seeking medication
abortions.
D. A hospital where mifepristone is prescribed,
dispensed or administered for the purpose of inducing a
medication abortion shall post the sign required by Subsection
B of this section in each patient admission area used by
patients seeking medication abortions.
E. A pharmacy where mifepristone is prescribed,
dispensed or administered for the purpose of inducing a
medication abortion shall post the sign required by Subsection
B of this section in the area inside the premises where
customers are provided prescription medications and on the
exterior of the premises in the area where customers are
provided prescription medications via a drive-through window.
F. Except in the case of a medical emergency, no
physician shall provide, induce or attempt to provide or induce
a medication abortion that uses mifepristone without providing
the patient written notice at least twenty-four hours prior to
the medication abortion that includes information on:
(1) the possibility of reversing the intended
effects of a medication abortion that uses mifepristone; and
(2) resources for reversing a medication
abortion, including contact information that the patient can
use to obtain timely assistance to attempt to reverse the
medication abortion.
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G. When a medical emergency compels the performance
of a medication abortion that uses mifepristone, the physician
shall inform the patient, prior to the medication abortion if
possible, of the medical indications supporting the physician's
judgment that an abortion is necessary to avert the patient's
death or that a twenty-four-hour delay would create serious
risk of substantial and irreversible impairment of a major
bodily function, excluding psychological or emotional
conditions.
H. By September 1, 2025, the department of health
shall publish materials on the department's website to provide
information on:
(1) the possibility of reversing the intended
effects of a medication abortion that uses mifepristone; and
(2) resources available to reverse the effects
of a medication abortion that uses mifepristone.
I. The health care authority shall assess a fine
not to exceed ten thousand dollars ($10,000) to any office,
clinic, hospital, pharmacy or other health care facility that
fails to post a sign required by Subsection B of this section.
J. If a physician provides a medication abortion
using mifepristone in violation of this section, the following
individuals may bring a civil action in a court of competent
jurisdiction against the physician for compensatory damages,
punitive damages and any other appropriate relief:
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(1) the patient that was provided
mifepristone; or
(2) the patient's biological parents, if the
patient was not eighteen years of age or older at the time of
the medication abortion, or if the patient died as a result of
the medication abortion.
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