This bill would reverse recent changes that the FDA made to how the abortion pill (mifepristone) can be obtained. Until 2023, the FDA required that mifepristone be given directly to patients in person at clinics, hospitals, or medical offices. During COVID-19, the FDA stopped enforcing this rule, which allowed mail-order pharmacies to send the pill through the mail. In January 2023, the FDA officially changed its rules to allow certified retail pharmacies to dispense mifepristone by mail based on a doctor's prescription.

This bill would undo that 2023 change and bring back the requirement that patients receive mifepristone in person. It would also prevent the FDA from relaxing these rules in the future unless every state provides abortion data to the Centers for Disease Control and Prevention. Additionally, the bill would prohibit the government from declaring a public health emergency related to abortion access.

In practical terms, if this bill becomes law, people seeking medication abortion would no longer be able to get the pill through the mail from a pharmacy. They would have to visit a clinic, hospital, or medical office in person to receive it. This could make the procedure less accessible, especially for people in rural areas or those who face barriers to traveling for medical care.

Protecting Life from Chemical Abortions Act

Hern, Kevin

Protecting Life from Chemical Abortions ActThis bill nullifies certain changes made by the Food and Drug Administration (FDA) to dispensing requirements for mifepristone. (Mifepristone is a drug that is approved to end pregnancies through 10 weeks gestation when used in conjunction with the drug misoprostol. The procedure is often referred to as medication abortion or the abortion pill.)The FDA regulates mifepristone through the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) program. The program requires health care providers to comply with certain requirements in order to prescribe or dispense mifepristone to end a pregnancy; the program previously included an in-person dispensing requirement that required mifepristone to be directly dispensed to patients in clinics, medical offices, or hospitals. During the COVID-19 public health emergency, the FDA stopped enforcing the in-person dispensing requirement, which allowed mail-order pharmacies to fill and dispense mifepristone prescriptions.In January 2023, the FDA modified program requirements so as to (1) remove the in-person dispensing requirement, and (2) require pharmacies to be program-certified in order to dispense mifepristone. The modifications allow certified retail pharmacies to dispense mifepristone pursuant to prescriptions that are written by certified prescribers.The bill nullifies the January 2023 changes and prohibits the FDA from (1) exercising any enforcement discretion with respect to program requirements, or (2) reducing program protections until every state submits certain data regarding abortions to the Centers for Disease Control and Prevention.The bill also generally prohibits the declaration of a public health emergency with respect to abortions.&nbsp;