Rep. CROMER proposes the following amendment (LC-4760.VR0026H):

Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-840(C)(1) and inserting:

 (C)(1)(a) Any plaintiff may recover compensatory damages for bodily injury, emotional distress, and financial losses; punitive damages for wilful or reckless conduct; reasonable attorney's fees and court costs; and any other equitable relief deemed appropriate by the court, provided that the damages are not duplicative.

Amend the bill further, SECTION 1, by striking Section 44-41-840(C)(2) and inserting:

  (2)(b) Notwithstanding any other provision of law, the commencement of a civil action pursuant to this section shall not be construed to limit, waive, or otherwise impair the right of any plaintiff to pursue claims under any other theory of liability including, without limitation, claims for survival or wrongful death pursuant to Chapter 51, Title 15, or any other applicable provision of law, provided that any damages awarded under an alternative theory are not duplicative.
  (2)(a) A woman who suffers physical injury, infection, hemorrhage, sepsis, infertility, or other adverse medical outcome as a direct result of the use of an abortion-inducing drug may bring a civil action against a person or entity described in subitem (c) only if:
    (i) the abortion-inducing drug was prescribed, dispensed, delivered, or otherwise provided in violation of this chapter; and
    (ii) the woman used the abortion-inducing drug in material compliance with all applicable gestational age limitations, dosage, timing, and method of administration requirements, and other prescribing instructions or approval conditions required by law or provided by the prescribing medical professional.
   (b) No private right of action exists pursuant to this item if the woman knew or reasonably should have known that she:
    (i) used the abortion-inducing drug beyond the approved or lawful gestational age limit;
    (ii) used the drug in a manner inconsistent with prescribing instructions or medical guidance;
    (iii) obtained or used the drug after being advised that such use was outside approved or lawful limits; or
    (iv) otherwise knowingly used the abortion-inducing drug outside the conditions under which it was lawfully prescribed or approved.
   (c) A civil action authorized by this item may be brought only against a person or entity who knowingly:
    (i) prescribed, dispensed, delivered, distributed, or facilitated the provision of an abortion-inducing drug; or
    (ii) aided, abetted, financed, or assisted the provision or delivery of an abortion-inducing drug.
   (d) In an action brought pursuant to this item, a prevailing plaintiff may recover actual damages, including medical expenses and costs of treatment, compensatory damages for physical injury and pain and suffering, reasonable attorney's fees and court costs, and declaratory or injunctive relief as the court considers appropriate.
   (e) An action pursuant to this item must be commenced within six years after the date the injury is discovered or reasonably should have been discovered.
   (f) A woman upon whom an abortion-inducing drug is prescribed, dispensed, delivered, or used may not be held civilly or criminally liable for a violation of this chapter.
   (g) Nothing in this item may be construed to create liability for lawful medical care provided in compliance with this chapter or to permit a civil action against a woman for whom an abortion-inducing drug was prescribed, dispensed, or used.

Renumber sections to conform.

Amend title to conform.