Ban Abortion by Mail Act

This Act may be cited as the Ban Abortion by Mail Act.
The Congress finds the following:
Mifepristone can only be prescribed by a health care provider certified under the Mifepristone Risk Evaluation and Mitigation Strategies (REMS) Program.
Medical experts have advised that patients should be closely observed for signs and symptoms of adverse effects.
The purpose of Risk Evaluation and Mitigation Strategies (REMS) is to ensure the benefits of a drug outweigh its risks, especially for drugs with serious safety concerns.
Any REMS-certified provider that knowingly prescribes, dispenses, or administers mifepristone or any other abortion drug without an in-person visit with the patient for whom such drug is prescribed shall lose REMS-certified status, with respect to such drug, for a period of not less than 2 years.
Any REMS-certified provider that knowingly prescribes, dispenses, or administers mifepristone or any other abortion drug to a patient residing in a State where the provider does not have a medical license shall lose REMS-certified status, with respect to such drug, for a period of not less than 2 years.
The Secretary shall, on an annual basis, submit to Congress a report listing each REMS-certified provider who has lost REMS-certified status due to—
a violation of this section; or
improper or unsafe prescribing of mifepristone or any other abortion drug.
In this section:
The term abortion drug means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled) to intentionally kill the unborn child of a woman known to be pregnant, or to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
to produce a live birth;
to remove a dead unborn child; or
to treat an ectopic pregnancy.
The term REMS-certified status means, with respect to mifepristone or any other abortion drug, the certification of a REMS-certified provider by the Secretary to dispense such drug pursuant to a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1).
The term REMS-certified provider means a health care professional who has successfully completed the FDA’s Risk Evaluation and Mitigation Strategy (REMS) certification program for prescribing mifepristone.
The term Secretary means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs.