House Bill 118 Alabama 2026 Session

Summary

Primary Sponsor

Mark Gidley Representative

Republican

Session

2026 Regular Session

Title

Abortion-inducing drugs; manufacture, distribution, and transport prohibited, exceptions provided, qui tam suit against certain persons who violate prohibition authorized and provided for, remedies provided

Description

Under existing law, all forms of abortion are prohibited, except to prevent a serious health risk to the unborn child's mother.

This bill would prohibit the manufacture, distribution, mailing, transporting, delivery, prescription, or any other provision of an abortion-inducing drug in this state, unless such manufacture, distribution, mailing, transport, delivery, prescription, or other provision is solely: (i) for a purpose that is not an abortion; or (ii) to treat a medical emergency, remove an ectopic pregnancy, or remove a dead unborn child whose death was caused by a miscarriage.

This bill would authorize any individual to bring a qui tam action against a person who violates or intends to violate the prohibition, provided that neither the state nor its political subdivisions may bring, engage with, or intervene in such a suit.

This bill would prohibit a qui tam action from being filed against certain parties, including, but not limited to, women using abortion-inducing drugs to abort or attempt to abort their own unborn child; transportation network companies or delivery persons; Internet service providers; air carriers; certain HB118 INTRODUCED individuals acting under the direction of a federal agency or federal law; health care facilities and hospitals; health care providers who mail, distribute, transport, deliver, prescribe, or otherwise provide abortion-inducing drugs in this state while located outside the state; and certain pharmaceutical manufacturers or distributors who fail to adopt a policy to implement this bill.

This bill would prohibit certain individuals who themselves, or in concert with another: (i) commit domestic violence, a sexual offense, or stalking against a woman; or (ii) provide an abortion-inducing drug to a woman without her knowledge, from bringing a qui tam suit.

This bill would provide procedures relating to a qui tam action, including a statute of limitation, prohibitions on the disclosure of certain protected or personal information, and taking of depositions.

This bill would provide affirmative defense to a qui tam action, including, but not limited to, that the defendant: (i) was unaware of the conduct that is the subject of the suit; and (ii) took reasonable precautions to prohibit violations of the act.

This bill would provide that the court must award injunctive relief, a $100,000 monetary award, and court costs and reasonable attorney fees to a successful qui tam relator.

This bill would also authorize certain civil HB118 INTRODUCED actions to prevent interference with qui tam actions through "clawback" provisions that authorize a civil action in other states.

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Subjects

Civil Procedure