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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 887
H.P. 573 House of Representatives, March 4, 2025
An Act to Make Manufacturers Responsible for Proper Disposal of
Abortion Drugs and Require a Health Care Provider to Be
Physically Present During a Chemical Abortion
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PAUL of Winterport.
Cosponsored by Senator HAGGAN of Penobscot and
Representatives: GRIFFIN of Levant, HAGGAN of Hampden, JAVNER of Chester, QUINT
of Hodgdon.
Page 1 - 132LR1098(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 22 MRSA §1599-B is enacted to read:
3§1599-B. Chemical abortions requiring presence of health care provider
41. Definitions. As used in this section, unless the context otherwise indicates, the
5 following terms have the following meanings.
6 A. "Abortion drug" means any drug, medicine or other substance or any combination
7 of drugs, medicines or substances when used to terminate a pregnancy with an intention
8 other than to produce a live birth or remove a nonviable fetus.
9 B. "Attempt to provide," with respect to a chemical abortion, means conduct that, under
10 the circumstances as the actor believes them to be, constitutes a substantial step in the
11 course of conduct planned to culminate in a chemical abortion.
12 C. "Catch kit" means a collection container designed to catch and hold medical waste
13 or infectious waste, often used for collecting samples for testing.
14 D. "Chemical abortion" means an abortion effectuated with the use of an abortion drug.
15 E. "Health care provider" means a person licensed to prescribe prescription drugs under
16 applicable federal and state laws.
17 F. "Medical waste bag" means a biohazardous waste container made to contain medical
18 or biohazardous waste, also known as an infectious waste bag, health care waste bag
19 or biohazard waste bag.
20 G. "Provide" means to dispense or provide an abortion drug or to otherwise make an
21 abortion drug available to a patient.
222. Chemical abortions prohibited without physical presence of health care
23provider. A health care provider may not, in or affecting interstate or foreign commerce,
24 knowingly provide or attempt to provide a chemical abortion without:
25 A. Physically examining the patient;
26 B. Being physically present at the location of the chemical abortion;
27 C. Scheduling a follow-up visit for the patient not to occur more than 7 days after the
28 use or administration of the abortion drug to assess the patient's physical condition; and
29 D. Providing a catch kit and medical waste bag, including instructions for the patient
30 to use the catch kit and medical waste bag and to return the catch kit and medical waste
31 bag to the health care provider for proper disposal. A medical waste bag must be
32 fluorescent orange or orange-red and have a label in a contrasting color affixed to its
33 exterior stating "BIOHAZARD."
343. Violation. A person who violates this section commits a Class C crime.
354. Exceptions. This section does not apply to:
36 A. A chemical abortion that is necessary to save the life of the patient whose life is
37 endangered by a physical disorder, physical illness or physical injury, including a life-
38 endangering physical condition; or
39 B. A patient upon whom a chemical abortion is performed. A patient under this
40 paragraph also may not be prosecuted for conspiracy to violate this section.
Page 2 - 132LR1098(01)
1Sec. 2. 22 MRSA §1599-C is enacted to read:
2§1599-C. Disposal of abortion drugs
31. Definitions. As used in this section, unless the context otherwise indicates, the
4 following terms have the following meanings.
5 A. "Abortion drug" means any drug, medicine or other substance or any combination
6 of drugs, medicines or substances when used to terminate a pregnancy with an intention
7 other than to produce a live birth or remove a nonviable fetus.
8 B. "Chemical abortion" means an abortion effectuated with the use of an abortion drug.
9 C. "Endocrine disruptor" means a chemical that interferes with the hormones of a
10 human body.
11 D. "Pathological waste" means the remains of a chemical abortion.
122. Proper disposal of discarded abortion drugs. A manufacturer of an abortion drug
13 is responsible for the proper disposal of the abortion drug and mitigation of any release of
14 an endocrine disruptor caused by the improper disposal of the abortion drug, including from
15 the disposal of pathological waste.
163. Liability. If an endocrine disruptor resulting from the improper disposal of an
17 abortion drug is detected in wastewater, the manufacturer of the abortion drug is
18 responsible for cleanup and remediation of the wastewater and other necessary preventive
19 measures.
204. Violation. A person who violates this section is subject to a civil penalty of $20,000.
21SUMMARY
22 This bill makes it a Class C crime to provide or attempt to provide an abortion drug to
23 a patient without physically examining the patient, being physically present at the location
24 of the abortion, scheduling a follow-up visit with the patient and providing the patient with
25 a catch kit and medical waste bag. The bill also sets requirements for medical waste bags
26 and makes manufacturers liable for the improper disposal of abortion drugs.
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