Protecting Access to Medication Abortion Act of 2023
Impact
The bill's enactment would represent a significant shift in how abortion services are delivered in the state, emphasizing the importance of medication as a safe and effective means for individuals to manage their reproductive health. By expanding access through telehealth and safeguarding patient rights to these medications, HB 767 could lead to improved health outcomes and reduce the stigma surrounding abortion. However, the implications of this law may also cause legislative shifts that could challenge existing regulations concerning reproductive rights.
Summary
House Bill 767, also known as the Protecting Access to Medication Abortion Act of 2023, is designed to ensure that individuals have adequate access to medication for abortion procedures. The bill includes provisions that aim to protect the ability of patients to receive medication abortions through telehealth services and aims to remove unnecessary barriers that could impede access. Advocates argue that this bill is essential for maintaining comprehensive reproductive healthcare, especially in areas where physical access to clinics may be limited due to various social or political constraints.
Contention
Discussion surrounding HB 767 has raised substantial points of contention, particularly among lawmakers and advocacy groups divided on the issue of abortion access. Proponents of the bill express that it is a necessary step toward ensuring that women have the right to choose and access safe medical procedures without the limitations imposed by physical clinic visits or restrictive state laws. Opponents, however, argue that such accessibility could undermine the regulation of abortion medication and open avenues for misuse, stressing the need for stringent parameters surrounding the prescription and distribution of these medications.
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.
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.)