A New FDA Rule Expands Access to Abortion Pills—Here's What We Know

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A New FDA Rule Expands Access to Abortion Pills—Here's What We Know
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Soon, abortion pills may be available at your local pharmacy.

Prior to the FDA's regulatory change, patients could only obtain mifepristone through a few mail-order pharmacies or specially certified doctors or clinics. Now, any pharmacy—including big retail chains like CVS or local drug stores—that agrees to abide by the FDA's criteria can dispense abortion medication in stores or by mail order. Patients will still need a prescription from a health care provider in order to pick up or receive the medication.to reflect the new rule.

On Tuesday, January 3, the FDA also finalized changes that were first announced in December 2021 to end the mandate that required patients to pick up the medication in-person. The agency initially lifted the in-person mandate during the onset of the COVID-19 pandemic to allow for telemedicine consultations and mail orders.announced on Tuesday, January 3, cleared USPS to continue delivering prescription abortion medication.

"There are manifold ways in which recipients in every state may use these drugs, including to produce an abortion, without violating state law," the opinion reads. "Therefore, the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully.

Since senders typically don't know how a recipient will use the medication, and since many restrictive states include legal exceptions for abortion in the case that the pregnant person's life is threatened, the department says that the USPS does not have a sufficient degree of knowledge or intent in order to violate the Comstock Act, which carries penalties of up to five years in prison for a first violation and 10 years for subsequent violations.

"No matter where the drugs are delivered, a variety of uses of mifepristone and misoprostol serve important medical purposes and are lawful under federal and state law. Accordingly, USPS could not reasonably assume that the drugs are nonmailable simply because they are being sent into a jurisdiction that significantly restricts abortion," the opinion reads.

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