Chemical Abortion Risk Awareness Act
- Bill Number
- H.R. 7237
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-01-23: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-02-12T15:31:07Z
AI-Generated Summary
Purpose
The Chemical Abortion Risk Awareness Act (H.R. 7237) aims to amend the Public Health Service Act to require healthcare providers who receive federal funding to inform women about the risks of chemical abortions (medication-based abortions) through detailed disclosures, ensuring informed consent before the procedure.
Key Provisions
- Definitions:
- Chemical abortion: The prescription or use of drugs intended to end a pregnancy by causing the death of the unborn child (defined as a human from conception to birth); excludes cases like life-saving separations, ectopic pregnancies, or miscarriages.
- Chemical abortion provider: Any licensed individual performing such procedures under federal and state laws.
- Woman: Defined biologically as a human with XX chromosomes.
- Unborn child: A human at any pre-birth development stage.
- Informed Consent Requirements (effective 30 days after enactment):
- Providers receiving federal funds (or working for entities that do) must, at least 24 hours before a chemical abortion:
- Provide the woman with both electronic and paper copies of the full FDA-approved label for each drug used, highlighting the "Warnings and Precautions" and "Adverse Reactions" sections.
- Read these highlighted sections aloud to the woman.
- Obtain her written confirmation that the information was provided and read.
- Providers must submit an implementation plan to the Secretary of Health and Human Services within 30 days of enactment.
- Enforcement:
- The Secretary may withhold federal funding from non-compliant providers or their employing entities.
- Creates a private right of action: Women (or their parents) can sue violating providers for compensatory damages (for physical or psychological harm), statutory damages (three times the abortion cost), punitive damages, and attorney's fees. Prevailing defendants can recover fees if the suit is deemed frivolous. No damages or fees can be assessed against the woman herself.
- Preemption and Severability:
- Does not override state laws with stricter disclosure or penalty requirements for abortions.
- If any part is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
- Introduces new federal mandates for informed consent specifically for chemical abortions, building on general FDA labeling rules by requiring verbal reading, written confirmation, and a 24-hour waiting period.
- Ties compliance to federal funding eligibility, expanding conditions on public health service grants.
- Adds a novel private lawsuit mechanism focused on violations of these disclosure rules, separate from broader abortion regulations.
Potential Impacts
- On Government Agencies: The Department of Health and Human Services (via the Secretary) gains authority to review implementation plans and withhold funds, potentially increasing administrative oversight of abortion-related services in federally funded clinics or hospitals.
- On Citizens: Women seeking chemical abortions from federally funded providers may face delays and more detailed risk discussions, which could affect access, decision-making, or emotional experiences. Families (via parental suits) gain new legal recourse.
- On International Relations: Minimal direct impact, though it aligns with U.S. domestic policies on reproductive health that could influence global aid discussions on family planning.
- Broader effects include possible reduced availability of chemical abortions in federally supported settings due to compliance burdens, potentially shifting services to non-federally funded or state-regulated providers.
Main Stakeholders Affected
- Healthcare Providers: Those dispensing chemical abortions and receiving federal funds (e.g., clinics, hospitals, physicians) must adopt new protocols, risking funding loss or lawsuits.
- Women Seeking Abortions: Directly impacted by mandatory disclosures and waiting periods, with protections against personal liability in related suits.
- Parents or Guardians: Can pursue legal action on behalf of minors or affected daughters.
- Government and Taxpayers: Federal agencies enforce rules; public funds are conditioned on compliance, potentially saving or redirecting resources from non-compliant entities.
- Pharmaceutical Companies: Indirectly affected through emphasis on FDA labels for abortion drugs like mifepristone.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens informed consent standards in abortion care, potentially overlapping with state laws but allowing stricter state measures; the private right of action could lead to increased litigation against providers.
- Constitutional: May face challenges under the right to privacy or due process (e.g., if seen as unduly burdening abortion access post-Dobbs v. Jackson Women's Health Organization, which returned regulation to states); the biological definition of "woman" could invite equal protection claims, though focused on procedure safeguards.
- Political: Reinforces anti-abortion advocacy by highlighting risks and imposing federal conditions on funding, amid ongoing national debates on reproductive rights; severability clause aims to preserve core elements against partial invalidation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Stutzman, Marlin A. [R-IN-3]
Cosponsors (1)
Rep. Harshbarger, Diana [R-TN-1]
Recent Actions
- 2026-01-23: Referred to the House Committee on Energy and Commerce.
- 2026-01-23: Introduced in House
- 2026-01-23: Introduced in House
Bill Versions
- Chemical Abortion Risk Awareness Act — issued 2026-01-23 — PDF (6 pages)