Us Congress 2023-2024 Regular Session

Us Congress House Bill HB383

Introduced
1/17/23  
Refer
1/17/23  

Caption

This bill nullifies certain changes made by the Food and Drug Administration (FDA) to dispensing requirements for mifepristone. (Mifepristone is a drug that is approved to end pregnancies through 10 weeks gestation when used in conjunction with the drug misoprostol. The procedure is often referred to as medication abortion or the abortion pill.) The FDA regulates the use of mifepristone through the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) program. The program requires health care providers to comply with certain requirements in order to prescribe or dispense mifepristone to end a pregnancy; the program previously included an in-person dispensing requirement that required mifepristone to be directly dispensed to patients in clinics, medical offices, or hospitals. During the COVID-19 public health emergency, the FDA temporarily stopped enforcing the in-person dispensing requirement, which allowed mail-order pharmacies to fill and dispense mifepristone prescriptions. In January 2023, the FDA modified program requirements so as to (1) remove the in-person dispensing requirement, and (2) require pharmacies to be certified in the program in order to dispense mifepristone. The modifications allow retail pharmacies, after receiving certification, to dispense mifepristone pursuant to prescriptions that are written by program-certified prescribers. The bill nullifies the January 2023 changes and prohibits any similar changes in the future.

Impact

The enactment of HB 383 would reinstate stricter requirements for the dispensing of mifepristone, potentially impacting access to medication abortion. By prohibiting mail-order pharmacies from dispensing mifepristone, the bill aims to centralize control over the distribution of this medication to certified healthcare providers only. This move may be seen as a measure to enhance the safety of prescribing practices but could also limit access for individuals seeking abortion care, particularly in areas with fewer medical facilities.

Summary

House Bill 383 aims to nullify modifications made by the Food and Drug Administration (FDA) in January 2023 regarding the Risk Evaluation and Mitigation Strategy (REMS) for the abortion pill mifepristone. The modifications had allowed for the dispensing of mifepristone via mail order, rather than requiring in-person dispensing at clinics or medical offices. This bill seeks to reverse these changes and establish a regulatory framework that maintains previous restrictions, advocating for in-person dispensing to ensure oversight and safety in the distribution of the medication.

Contention

This bill highlights significant divisions in public health policy, particularly concerning reproductive rights. Proponents argue that maintaining stringent dispensing requirements ensures safety and compliance with established medical guidelines, while opponents view it as an unnecessary restriction on access to reproductive healthcare. The contentious nature of this bill reflects broader national debates over abortion access, state regulatory power, and the evolving role of healthcare providers in reproductive health services.

Companion Bills

US HB4368

Related bill Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024

Previously Filed As

US HB679

This bill nullifies certain changes made by the Food and Drug Administration (FDA) to dispensing requirements for mifepristone. (Mifepristone is a drug that is approved to end pregnancies through 10 weeks gestation when used in conjunction with the drug misoprostol. The procedure is often referred to as medication abortion or the abortion pill.) The FDA regulates the use of mifepristone through the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) program. The program requires health care providers to comply with certain requirements in order to prescribe or dispense mifepristone to end a pregnancy; the program previously included an in-person dispensing requirement that required mifepristone to be directly dispensed to patients in clinics, medical offices, or hospitals. During the COVID-19 public health emergency, the FDA temporarily stopped enforcing the in-person dispensing requirement, which allowed mail-order pharmacies to fill and dispense mifepristone prescriptions. In January 2023, the FDA modified program requirements so as to (1) remove the in-person dispensing requirement, and (2) require pharmacies to be certified in the program in order to dispense mifepristone. The modifications allow retail pharmacies, after receiving certification, to dispense mifepristone pursuant to prescriptions that are written by program-certified prescribers. The bill nullifies the January 2023 changes and prohibits any similar changes in the future.

US HB384

Protecting Life from Chemical Abortions Act This bill nullifies certain changes made by the Food and Drug Administration (FDA) to dispensing requirements for mifepristone. (Mifepristone is a drug that is approved to end pregnancies through 10 weeks gestation when used in conjunction with the drug misoprostol. The procedure is often referred to as medication abortion or the abortion pill.) The FDA regulates the use of mifepristone through the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) program. The program requires health care providers to comply with certain requirements in order to prescribe or dispense mifepristone to end a pregnancy; the program previously included an in-person dispensing requirement that required mifepristone to be directly dispensed to patients in clinics, medical offices, or hospitals. During the COVID-19 public health emergency, the FDA temporarily stopped enforcing the in-person dispensing requirement, which allowed mail-order pharmacies to fill and dispense mifepristone prescriptions. In January 2023, the FDA modified program requirements so as to (1) remove the in-person dispensing requirement, and (2) require pharmacies to be certified in the program in order to dispense mifepristone. The modifications allow retail pharmacies, after receiving certification, to dispense mifepristone pursuant to prescriptions that are written by program-certified prescribers. The bill nullifies the January 2023 changes and prohibits the FDA from (1) exercising any enforcement discretion with respect to program requirements, or (2) reducing program protections until every state submits certain data regarding abortions to the Centers for Disease Control and Prevention. The bill also generally prohibits the declaration of a public health emergency with respect to abortions.

US HB05714

An Act Requiring The Provision Of Written Information By Pharmacists Concerning The Effects Of Mifepristone When Dispensing To A Patient.

US HB5850

To nullify modifications made by the Food and Drug Administration on January 3, 2023, to the risk evaluation and mitigation strategy under section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) for mifepristone, and for other purposes.

US SB355

HIV Prevention Drugs - Prescribing and Dispensing by Pharmacists and Insurance Requirements

US SB64

HIV Prevention Drugs - Prescribing and Dispensing by Pharmacists and Insurance Requirements

US HB427

Support And Value Expectant Moms and Babies Act of 2023 or the SAVE Moms and Babies Act of 2023 This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved. Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner. The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner from also acting as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient. The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)

US A06311

Relates to purchasing restrictions and investment of certain public funds in persons that elect not to dispense mifepristone; requires the commissioner to develop and publish, using credible information available to the public, a list of persons determined by the commissioner, that have elected not to dispense mifepristone.

US SB1428

Reproductive health: mifepristone and other medication.

US S04587

Provides the prescription label for mifepristone or misoprostol may include the address of the dispensing health care practice and shall include the address of the prescribing health care practice at the prescriber's request; provides that a health care prescriber shall inform a patient if such prescriber has included or has requested to include the name or address of the prescribing health care practice instead of the name of such prescriber on the prescription label when prescribing mifepristone or misoprostol.

Similar Bills

No similar bills found.