Ban Abortion by Mail Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9421 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9421

  To prohibit a REMS-certified provider from prescribing mifepristone
without an in-person visit and a medical license in the State in which
              the patient resides, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2026

  Mrs. Biggs of South Carolina (for herself, Mr. Fry, and Mr. Norman)
 introduced the following bill; which was referred to the Committee on
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL

  To prohibit a REMS-certified provider from prescribing mifepristone
without an in-person visit and a medical license in the State in which
              the patient resides, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban Abortion by Mail Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Mifepristone can only be prescribed by a health care
        provider certified under the Mifepristone Risk Evaluation and
        Mitigation Strategies (REMS) Program.
            (2) Medical experts have advised that patients should be
        closely observed for signs and symptoms of adverse effects.
            (3) 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.

SEC. 3. HEALTH CARE PROVIDER REMS-CERTIFIED STATUS.

    (a) In-Person Visit Required.--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.
    (b) License in Patient's State Required.--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.
    (c) Reporting.--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--
            (1) a violation of this section; or
            (2) improper or unsafe prescribing of mifepristone or any
        other abortion drug.
    (d) Definitions.--In this section:
            (1) Abortion drug.--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--
                    (A) to produce a live birth;
                    (B) to remove a dead unborn child; or
                    (C) to treat an ectopic pregnancy.
            (2) REMS-certified status.--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).
            (3) REMS-certified provider.--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.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services, acting through the Commissioner
        of Food and Drugs.
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