Called ‘a victory’ by advocates, FDA lifts restrictions on abortion medication

The Federal Drug Administration ruled on Thursday that it would permanently lift restrictions around abortion patients receiving medication abortion by mail. This means, for instance, that abortion patients who live in places such as rural New Mexico can receive mifepristone, the first of the two-drug abortion regime, by mail. The FDA has maintained a restriction […]

Called ‘a victory’ by advocates, FDA lifts restrictions on abortion medication

The Federal Drug Administration ruled on Thursday that it would permanently lift restrictions around abortion patients receiving medication abortion by mail.

This means, for instance, that abortion patients who live in places such as rural New Mexico can receive mifepristone, the first of the two-drug abortion regime, by mail. The FDA has maintained a restriction on in-person pickup of mifepristone at a clinic since the agency approved the drug for abortion 21 years ago. Reproductive experts have said that was a political move as, after 21 years, there were clear indications that taking medication abortion up to 10 weeks of gestation is safe.

Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said by text message that the FDA’s decision is “good news” for patients but some restrictions for clinics still apply.

“The medically unnecessary requirement for a patient requiring an in-person pill pickup is gone! This makes a huge difference for patients – especially those living in rural and isolated communities, those working to make ends meet, and people who already have limited access to healthcare like people of color, LGBTQ+ folks, and people with disabilities,” she said.

The ACLU sued, on behalf of medical groups, the FDA at the beginning of the COVID-19 pandemic to ask the agency to temporarily lift the pick-up restriction during the length of the pandemic. Abortion patients, once they received the medication from a clinic, could return home to take it. The suit argued that requiring abortion patients to travel to a clinic to acquire the pill increased their risk of COVID-19 exposure.

A district court in Maryland agreed, but the Trump Administration asked the U.S. Supreme Court to decide the issue. The high court, in the last few weeks of the Trump Administration, ruled that the in-person dispensing requirement must be put back in place.

Related: Supreme Court brings back restrictions on medication abortion

The Biden Administration then decided, last spring, to temporarily halt the in-person pickup requirement for the duration of the pandemic. The agency said, at the time, that it would consider making the temporary cessation of in-person pickup permanent.

Rushforth called the FDA’s decision “a step in the right direction.” But, she also said, “it doesn’t go far enough.”

“By keeping logistical hoops for providers to jump through to prescribe this medication, the FDA has continued to make it harder for providers to serve their patients,” she said.

Abortion patients will now permanently be able to receive the drug by mail from “certified clinics” and pharmacies. To become certified to prescribe mifepristone, health care providers must meet a certain set of criteria established by the agency.

It’s unclear if the FDA ruling will help Texas abortion patients who are restricted from abortion after six weeks gestation because of Texas SB 8. Texas Gov. Greg Abbott signed legislation this past fall that banned mail-in abortion medication in the state and also required that medication abortion could only be dispensed in the state up to 7 weeks of gestation. FDA guidance says abortion medication is safe up to 10 weeks of gestation. The Texas law went into effect December 2.

New Mexico Department of Human Services spokesperson Jodi McGinnis Porter said mifepristone is already covered by the state’s Medicaid program, for Medicaid-eligible recipients, under FDA’s previous in-person dispensary requirements. She said, through email, that the FDA’s new ruling would require a review of coverage.

She said the state Medicaid program covers abortion for Medicaid-eligible recipients in certain circumstances, so other restrictions can apply.

Vicki Cowart, president and chief executive officer of Planned Parenthood of the Rocky Mountains, said via email that the FDA’s decision removed a “sometimes insurmountable barrier for people seeking an abortion.”

“Today’s decision is a positive step toward increased abortion access at a time when so much uncertainty surrounds our constitutional right to abortion,” she said.

Cowart said PPRM offers medication abortion through telehealth to eligible patients.

“The FDA’s announcement is a victory for health equity,” she said.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
BLM finalizes controversial public lands rule

BLM finalizes controversial public lands rule

The U.S. Bureau of Land Management finalized its controversial public lands rule on Thursday. This rule is controversial because it allows for conservation leasing…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

U.S. Rep. Melanie Stansbury announced a bill on Thursday that would, if enacted, establish judicial ethics to the U.S. Supreme Court. The Judicial Ethics…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
Progressives going after incumbents in hot Democratic primaries

Progressives going after incumbents in hot Democratic primaries

By Justin Horwath, NM In Depth It’s a safe bet Democrats will barrel into 2025 with their supremacy intact at the New Mexico Legislature.…
Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Progressives going after incumbents in hot Democratic primaries

Progressives going after incumbents in hot Democratic primaries

By Justin Horwath, NM In Depth It’s a safe bet Democrats will barrel into 2025 with their supremacy intact at the New Mexico Legislature.…
NM receives $156M to boost access to solar

NM receives $156M to boost access to solar

New Mexico will receive millions in federal money to increase access to solar power. The U.S. Environmental Protection Agency announced recipients of the $7…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…

GET INVOLVED

© 2023 New Mexico Political Report