Committee advances bill that creates civil penalties and AG enforcement authority for unlawful provision of abortion‑inducing drugs

A Tennessee House committee voted to move HB 23‑80 to the calendar and rules after sponsors described the measure as clarifying enforcement tools for existing restrictions on abortion‑inducing drugs.

The sponsor said current law — cited in committee as the Tennessee Abortion Inducing Drug Protocol Act — already restricts unlawful provision of these medications but lacked clearly defined civil penalties and enforcement mechanisms. "This legislation creates a $10,000 civil penalty per violation," the sponsor said, adding that if a violation results in serious bodily injury or death the bill "allows for a $1,000,000 penalty." The sponsor also said each unlawfully provided instance would count as a separate violation.

Representative Johnson asked whether couriers, web hosts, or other intermediaries could be held liable. In response, Michelle Fogarty of legal services said the amendment’s language permits the attorney general to bring civil actions for a "knowing violation" of the cited statute (transcribed in committee as "63 6 11 o 3 b"). Fogarty said whether a courier or web provider could be held liable would "depend on the facts of the particular case whether or not they could prove that the person knew that they were providing the drug by courier delivery or mail service."

During discussion, members asked how enforcement would play out in practice; the sponsor pointed to complaint processes and medical records as potential sources of evidence and said the attorney general has mechanisms for tracking controlled‑substance violations.

The committee recorded a 16‑4 vote to send HB 23‑80 to the calendar and rules.

The bill, as described in committee, does not change the underlying prohibition but adds civil enforcement tools and monetary penalties; legal staff cautioned that case‑specific facts would determine who could be held liable under the "knowing violation" standard.