Louisiana Revised Statutes 40:962.2 – Abortion-inducing drugs; restrictions of sales; exceptions; penalties
Terms Used In Louisiana Revised Statutes 40:962.2
- delivery: means the transfer of a controlled dangerous substance whether or not there exists an agency relationship. See Louisiana Revised Statutes 40:961
- Drug: means :
(a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Louisiana Revised Statutes 40:961
- Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
- Prescribe: means to issue a written request or order for a controlled dangerous substance by a person licensed under this Part for a legitimate medical purpose. See Louisiana Revised Statutes 40:961
- Prescription: means a written request for a drug or therapeutic aid issued by a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in good faith in the usual course of his professional practice. See Louisiana Revised Statutes 40:961
- State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
A. Except as provided in La. Rev. Stat. 40:1061.11, no abortion-inducing drug may be sold, prescribed, dispensed, distributed, or delivered in this state in violation of this Section.
B. Notwithstanding any other provision of law to the contrary, delivery to a person in Louisiana by mail-order, courier, or as a result of a sale made via the internet in violation of this Section is strictly prohibited.
C.(1) The Louisiana Department of Health may promulgate rules pursuant to the Administrative Procedure Act to provide for exemptions from this Section for products using an abortion-inducing drug which are distributed for other purposes that do not include causing an abortion.
(2) A physician or other healthcare provider who is licensed to prescribe medications or drugs that are subject to the provisions of Paragraph (1) of this Subsection shall write a diagnosis or a diagnosis code on the prescription that clearly indicates that the prescription is not intended to cause an abortion in violation of this Section.
D.(1) Whoever violates any provision of this Section shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
(2) Each instance of a sale or distribution of an abortion-inducing drug shall be considered a separate offense for purposes of the penalties provided in Paragraph (1) of this Subsection.
E. Possessing for her own consumption or consuming an abortion-inducing drug by a pregnant woman in violation of this Section shall not subject the pregnant woman to the criminal consequences.
F. Any act by a licensed pharmacist or pharmacy related to filling a prescription for a drug, medicine, or other substance prescribed for a bona fide medical reason shall not subject the pharmacist or the pharmacy to the criminal consequences of this Section. A diagnosis or a diagnosis code shall be written on the prescription by the prescriber indicating that the drug, medicine, or other substance is intended for a purpose other than to cause an abortion in violation of this Section.
Acts 2022, No. 548, §2.