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After the decision of the Supreme Court, on June 24, to eliminate the right to abortion in the United States, it is now expected to increase the demand for abortion pills, which can be prescribed by a doctor even through consultations through communication platforms.
The right to abortion, known as Roe v. Wade, has been implemented in the US for nearly 50 years.
However, abortion through medication will not be an option for every woman to avoid the bans that conservative states have adopted, experts say.
How is a medical abortion performed?
To have a medical abortion, the patient takes a drug called mifepristone, also known as RU-486, followed by a second drug, misoprostol, to end the pregnancy and avoid a surgical procedure.
About half of abortions in the United States are performed through medication, according to the Guttmacher Institute, an abortion rights research group.
How does the federal government regulate medication abortions?
The US Food and Drug Administration (FDA) approved the drug mifepristone in 2000, although until recently, this institution required patients to receive the drug in a doctor’s office, clinic or hospital.
After lifting these restrictions during the coronavirus pandemic, the agency has decided to completely repeal the decision, which provided for a patient to be present to secure the medication.
With the new decision, women can also consult doctors through electronic platforms, or receive medicines by mail.
This decision has increased access to abortion for patients who live in remote areas, or who have not had the opportunity to take time off work to go to clinics.
Medicines are approved for use up to the 10th week of pregnancy.
Do some states ban medication abortion?
Yes. Medication abortion has become a target of anti-abortion politicians and activists.
The state of Indiana bans medication abortion at 10 weeks of pregnancy, while Texas bans it after the seventh week.
Other states’ bans on this type of abortion have been blocked by the courts.
Thirty-two states authorize only doctors, and not nurses or other health care workers, to prescribe abortion drugs, according to the Guttmacher Institute.
Nineteen states require the prescriber to meet physically with the patient, prohibiting electronic consultations.
What impact does the Supreme Court decision have on this type of abortion?
Thirteen states within the US have laws that provide for immediate implementation of the Supreme Court’s decision on abortion.
The Guttmacher Institute predicts that at least 26 states — including those that automatically implement the Supreme Court decision — will pass new abortion laws.
Such laws have so far made no distinction between surgical and medical abortion, so states are expected to ban all types of abortion.
Some states are expected to ban abortion entirely, others will make the procedure illegal between the sixth and 15th week.
Can a patient obtain abortion drugs from another state within the US?
It depends.
Legal experts believe that a medical professional is breaking the law if he prescribes medication over the phone to a woman who lives in another state within the US where abortion is illegal.
“The laws on telephone consultations with doctors say that the location of patients determines everything,” said Amanda Allen of the Lawyering Project, an organization that represents abortion providers.
Doctors who prescribe abortion drugs to patients in states where the procedure is illegal could lose their licenses or even face criminal charges, she said.
A woman who lives in a state where abortion is illegal can travel to a state where the procedure is legal, contact a doctor by phone, and receive the medication at an address within that state.
“In some cases, this procedure is less tiring and cheaper than traveling to see the doctor in person at a clinic, noting that patients who travel to clinics in other countries have faced delays in securing appointments, sometimes even weeks.
Have lawsuits been filed challenging state restrictions on medication abortion?
Yes. GenBioPro, which makes the drug mifepristone, has already challenged Mississippi’s restrictions on prescribing abortion drugs through electronic platforms, saying they are approved by the federal Food and Drug Administration, so any federal approval overrides state laws.
This lawsuit has not yet been dealt with in court.
Such appeals have been successful in the past.
In 2014, a federal judge in Massachusetts struck down a state law that sought to make opium drug laws tougher than federal laws.
US Attorney General Merrick Garland appears to support challenging the abortion decision, as he has said that states “should not ban the drug mifepristone, based on FDA experts’ assessment of its safety and efficacy.”
Mississippi has said the FDA’s approval cannot override the Supreme Court’s ruling, which grants states the authority to regulate abortions.
Can patients obtain abortion drugs from outside the US?
Yes. Women living in regions where prescribing such drugs through electronic platforms is prohibited have started ordering drugs online from outside the US.
Although this practice is not legal, state authorities have said that there is no effective way to control the activity of foreign doctors or pharmacies.
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