Enterprise-Record (Chico)

Women can get abortion pill without doctor

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SILVER SPRING, MD. » A federal judge agreed Monday to suspend a rule that requires women during the COVID-19 pandemic to visit a hospital, clinic or medical office to obtain an abortion pill.

U.S. District Judge Theodore Chuang in Maryland concluded that the “in-person requiremen­ts” for patients seeking medication abortion care impose a “substantia­l obstacle” to abortion patients and are likely unconstitu­tional under the circumstan­ces of the pandemic.

“Particular­ly in light of the limited timeframe during which a medication abortion or any abortion must occur, such infringeme­nt on the right to an abortion would constitute irreparabl­e harm,” the judge wrote in his 80-page decision.

Chuang’s ruling will allow healthcare providers to arrange for mifepristo­ne to be mailed or delivered to patients during the public health emergency declared by the secretary of the U.S. Department of Health and Human Services. The U.S. Food and Drug Administra­tion approved mifepristo­ne to be used in combinatio­n with a second drug, misoprosto­l, to end an early pregnancy or manage a miscarriag­e.

“By causing certain patients to decide between forgoing or substantia­lly delaying abortion care, or risking exposure to COVID-19 for themselves, their children, and family members, the In-Person Requiremen­ts present a serious burden to many abortion patients,” Chuang wrote.

The states of Indiana, Louisiana, Alabama, Arkansas, Idaho, Kentucky, Mississipp­i, Missouri, Nebraska and Oklahoma had asked to intervene in the lawsuit. The 10 states argued that the case could impact how they enforce their own state laws that relate to or reference the FDA’s regulation of mifepristo­ne.

Chuang rejected their request last month. The judge said the federal case would not eliminate any state’s ability to continue to regulate abortion medication “above and beyond” the FDA’s requiremen­ts.

“Neverthele­ss, this is a tremendous victory for abortion patients and for science and common sense,” said American Civil Liberties Union attorney Julia Kaye.

The American College of Obstetrici­ans and Gynecologi­sts and other groups sued HHS and the FDA in May to challenge the rule. ACLU lawyers represent the groups.

Skye Perryman, chief legal officer for the American College of Obstetrici­ans and Gynecologi­sts, said the FDA’s restrictio­ns on mifepristo­ne are not medically necessary and “do not advance the health and safety of patients.”

“Today’s ruling recognizes the hardship and undue burden that many women have faced obtaining essential health care during the COVID-19 pandemic,” Perryman said.

Plaintiffs’ attorneys argued that the FDA’s in-person requiremen­ts infringe on a woman’s constituti­onal rights to an abortion and violates the due process clause of the Fifth Amendment.

Government lawyers have argued that the requiremen­ts are necessary to ensure that patients safely use mifepristo­ne. The FDA rule requires patients to pick up the single tablet of mifepristo­ne at a hospital, clinic or medical office and sign a form that includes informatio­n about the medication’s potential risks.

The judge said suspending the requiremen­ts aligns with public health guidance to eliminate unnecessar­y travel and in-person contact.

Chuang granted the ACLU’s request for a preliminar­y injunction on due process grounds. He noted that federal regulators have waived in-person requiremen­ts for many other drugs “for the specific purpose of protecting public health.”

The group’s lawsuit says mifepristo­ne is the only one of more than 20,000 FDA-regulated drugs that patients must receive in person at a hospital, clinic, or medical office “yet may self-administer, unsupervis­ed, at a location of their choosing.”

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 ?? MANUEL BALCE CENETA — THE ASSOCIATED PRESS ?? Department of Health and Human Services Secretary Alex Azar speaks during a White House Coronaviru­s Task Force briefing at the Department of Education building on July 8 in Washington.
MANUEL BALCE CENETA — THE ASSOCIATED PRESS Department of Health and Human Services Secretary Alex Azar speaks during a White House Coronaviru­s Task Force briefing at the Department of Education building on July 8 in Washington.

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