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Doctors, clinics and telehealth providers across the country are scrambling to figure out how they will continue to provide the most common type of abortion after a federal appeals court imposed new restrictions on a key abortion medication.
One telehealth provider would have to shut down for two weeks. Some abortion clinics in Ohio are considering ditching the drug altogether. Meanwhile, other doctors are looking for legal loopholes to dispense the drug, called mifepristone.
People who live far from abortion clinics will be particularly hard hit, abortion rights advocates say. The restrictions could force people to travel hundreds of miles for care and stay for days, said Kirsten Moore, director of the Expanding Medication Abortion Access Project.
“This is going to have a severe, severe impact on access,” she said, adding that it will be “devastating” for underserved rural populations.
This is the second time in less than a week that the legal sands have shifted around medication abortions, which account for more than half of abortions in the U.S. The landscape is further complicated by a separate ruling from a judge in Washington state that has ordered access to the drug to be expanded in some states.
The late Wednesday decision narrowed a Texas court judge’s effort to block the Food and Drug Administration’s approval of mifepristone. It allows patients to keep using the drug, but only at a higher dosage and if patients are seven weeks or fewer pregnant. The decision also prohibits the medication from being sent by mail and requires people to have three in-person visits with their doctor to take the pills. The Department of Justice plans to appeal the decision to the U.S. Supreme Court.
Mifepristone, approved by the FDA in 2000, blocks the hormone progesterone and is also used to treat miscarriages. Millions of women around the world have used the drug, and medical groups say complications occur at a lower rate than with routine medical procedures such as wisdom teeth removal and colonoscopies.
