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Committee approves civil-liability measure targeting out-of-state suppliers of abortion pills amid contested testimony
Summary
After hours of testimony from the attorney general, victims' advocates and medical societies, the committee reported HB 575 as amended; the bill creates a civil cause of action against persons who "perform, cause or substantially facilitate" an unlawful abortion and sets statutory damages and exceptions.
Representative Ventrella presented HB 575, described in committee as the Justice for Victims of Abortion Drug Dealers Act. She said the measure aims to allow civil recovery against out-of-state providers who mail abortion-inducing medication into Louisiana in violation of state law.
The Attorney General spoke in support, characterizing the conduct described by the bill as illegal under Louisiana law and said civil remedies would be an additional tool alongside criminal prosecution. “In our opinion, the crime did occur here in Louisiana,” the attorney general said, describing ongoing criminal investigations involving out-of-state practitioners.
Witnesses supporting the bill included representatives of Louisiana Right to Life and survivors who said pills obtained remotely were sometimes used coercively or without adequate medical screening. Erica Bales Inzena, policy director with Louisiana Right to Life, described online services that ship pills from out-of-state providers and said those services often do not verify gestational age, identity, or provide follow-up medical care.
Opponents included physicians, medical-advocacy groups and patient advocates who warned that the bill’s drafting is broad and could sweep in legal medical care, hamper access to legitimate medical uses of the drugs (for example, for miscarriage management or treatment of postpartum hemorrhage), and create civil exposure that could chill clinical practice. Attorney Ellie Schilling said the bill as drafted “does not require fault, causation or damages,” and warned it could conflict with existing products-liability and malpractice structures.
The committee adopted multiple amendment sets, including changes that (per the amendment summary) broadened the civil cause of action language in subsection A1, added an exclusion from liability for mental-health professionals and advocates who provide counseling without referral to abortion resources, and made other technical changes. Representative Ventrella said the bill is not intended to punish legitimate medical care and that jury instructions and prosecution remain necessary elements for determining liability.
Representative Edmondson moved to report HB 575 as amended. Representative Carter objected and a roll-call vote was held. The committee recorded the measure as reported as amended (tally recorded in the hearing: 8 yes, 2 no).
