Official Summary Text
HB2364 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
H.B. 2364
abortion-inducing
drugs; violations; classifications
Purpose
Prescribes
penalties for violations of the prohibition against providing abortion-inducing
drugs via courier, delivery or mail service, and classifies ordering an
abortion-inducing drug through the mail as a class 1 misdemeanor.
Background
Abortion-inducing
drugs may only be provided by qualified physicians in accordance with statutory
requirements, and manufacturers, suppliers and physicians are prohibited from
providing abortion-inducing drugs by courier, delivery or mail service. These
prohibitions do not apply to drugs that may be known to cause an abortion but
that are prescribed for other medical purposes.
Abortion-inducing drug
means a medicine or drug or any other substance used for a medication abortion
(
A.R.S.
� 36-2160
).
As of February
2, 2026, the prohibition against manufacturers, suppliers and physicians from
providing abortion-inducing drugs by courier, delivery or mail service has been
enjoined from being implemented or enforced (Isaacson v. Arizona, CV
2025-017995 (Ariz. Super. Ct. Feb. 2, 2026)).
There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1.
Classifies, as a class 5 felony, a person knowingly violating the
prohibition against providing abortion-inducing drugs via courier, delivery or
mail service, by way of selling, furnishing, mailing, shipping, or delivering
such drugs, or causing the mailing, shipping or delivering of such drugs.
2.
Classifies, as a class 4 felony, a licensed health care provider,
pharmacist, manufacturer, supplier or carrier violating the prohibition against
providing abortion-inducing drugs via courier, delivery or mail service while
acting in the course and scope of the person's employment.
3.
Classifies, as a class 1 misdemeanor, a person knowingly ordering,
soliciting, requesting, receiving or attempting to receive an abortion-inducing
drug by courier, delivery or mail service.
4.
Prohibits a civil action for an abortion-inducing drug violation from
being brought against a motor carrier, freight forwarder, air carrier or a
third-party logistics provider, notwithstanding any other law.
5.
Makes conforming changes.
6.
Becomes effective on the general effective date.
House Action
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Prepared by Senate Research
March 20, 2026
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Current Bill Text
Read the full stored bill text
HB2364 - 572R - H Ver
House Engrossed
abortion-inducing
drugs; violations; classifications
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2364
AN
ACT
Amending section 36-2160, Arizona
Revised Statutes; relating to abortion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2160, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-2160.
Abortion-inducing drugs; violations; classifications; definition
A. An abortion-inducing drug may be provided
only by a qualified physician in accordance with the requirements of this
chapter.
B. A manufacturer, supplier or physician or any
other person is prohibited from providing an abortion-inducing drug via
courier, delivery or mail service.
C. This section does not apply to drugs that may be
known to cause an abortion but that are prescribed for other medical
indications.
D. A person who knowingly violates
subsection B of this section by selling, furnishing, mailing, shipping,
delivering or causing to be mailed, shipped or delivered an abortion-inducing
drug is guilty of a class 5 felony.
E. A licensed health care provider,
pharmacist, manufacturer, supplier or carrier who violates subsection B of this
section while acting in the course and scope of the person's employment is
guilty of a class 4 felony.
F. A person who knowingly orders,
solicits, requests, receives or attempts to receive an abortion-inducing
drug by courier, delivery or mail service in violation of subsection B of this
section is guilty of a class 1 misdemeanor.
G. Notwithstanding any other law, a
civil action may not be brought under this section against a motor carrier or
freight forwarder as defined in 49 United States Code Section 13102, an air
carrier as defined in 49 United States Code section 40102 or a third-party
logistics provider as defined by 21 United States CodeS section 360
eee
.
D.
H.
For the purposes of this section, "abortion-inducing
drug" means a medicine or drug or any other substance used for a
medication abortion.
END_STATUTE