Summary:

 House Bill 236 (HB 236):  This bill imposes new requirements on health care providers and facilities regarding the provision of information and signage for patients seeking a medication abortion that uses mifepristone. It also outlines penalties for noncompliance and grants certain individuals the right to bring a civil action against physicians who violate the requirements. 

Legislation Overview:

 House Bill 236 (HB 236):  This proposed act adds new requirements around patient notice and facility signage for medication abortions involving mifepristone. It mandates a 24-hour advanced written notice (absent a medical emergency), imposes penalties for noncompliant facilities, and allows certain parties to pursue civil actions against physicians who do not follow these rules. It also directs the Department of Health to publish official guidelines on the possibility of reversing a medication abortion.  Here are key definitions:
a)	Medical Emergency:  A condition that necessitates immediate abortion to avoid the patient’s death or a serious risk of substantial and irreversible physical impairment of a major bodily function.
b)	Medication Abortion: The use or prescription of any drug for the purpose of inducing an abortion.
c)	Mifepristone: The drug (including any generic or chemical equivalent) commonly used for medication abortions.
Main Provisions:
d)	Mandatory Signage (Subsections B–E):  Who Must Post Signs?  Offices, clinics, hospitals, pharmacies, or other health care facilities where mifepristone is prescribed, dispensed, or administered.
e)	A statement that “Mifepristone alone is not always effective in ending a pregnancy” and that it may be possible to reverse the intended effect if the second pill has not been taken.  Must also include information about accessing immediate help for reversing a medication abortion.
Placement of Signs:
f)	Offices/Clinics (non-hospital/non-pharmacy): In each patient waiting room and consultation room used by patients seeking medication abortions.
g)	Hospitals: In each patient admission area for patients seeking medication abortions.
h)	Pharmacies: In the area where customers receive prescription medications (including the drive-through).
Informed Notice Requirement (Subsections F–G):
I)	24-Hour Prior Notice: Except in a medical emergency, a physician must provide the patient with written notice at least 24 hours before prescribing or administering mifepristone.  The written notice explains the possibility of reversing the medication abortion and provides contact information for resources that can assist with attempting to reverse the effects.
j)	Medical Emergency Exception: If a medical emergency compels the abortion, the physician must explain, if possible beforehand, the medical necessity for the abortion.
Department of Health Requirements (Subsection H):
k)	By September 1, 2025, the Department of Health must publish on its website:
Information about the possibility of reversing the effects of mifepristone, and resources available for attempting such reversal.  
Penalties (Subsections I–J) - Administrative Fine:
l)	The Health Care Authority may impose a fine of up to $10,000 on any facility that fails to post the required signage.
Civil Liability:
m)	If a physician violates these provisions by providing mifepristone without proper notice, the following may bring a civil action for compensatory damages, punitive damages, and other relief.  The patient who received mifepristone; or The patient’s biological parents, if the patient was under 18 or if the patient died as a result of the medication abortion.
Practical Implications:
n)	Health Care Facilities: Must update signage in areas where mifepristone is provided or dispensed. Noncompliance could result in significant fines.
o)	Physicians: Must give patients written notice 24 hours before administering mifepristone (unless a medical emergency applies) and face the possibility of civil lawsuits if they fail to comply.
p)	Patients: Receive explicit information about medication abortion “reversal” and may have additional legal recourse against providers who do not follow the law’s requirements.
Department of Health: Must prepare and publish standardized information about “reversing” medication abortions by September 1, 2025.
 

Current Law:

 As written, § 30-5-1 prohibits the performance of abortions, except where the termination of the pregnancy is medically justified.   [...]  a criminal statute penalizing the act of performing abortions on the un-consenting, or performing an abortion on a woman under the age of eighteen years without the consent of both the woman and her then living parent or guardian, or the performance of an abortion by a person who is not a physician licensed by the State of   [...]  Consent laws require a parent's permission before an abortion can be performed upon a minor; notice laws require only that the parent be notified the abortion will be performed.  Current Law prohibits mailing any medication that would cause an abortion to any person outside of the State of New Mexico.