FDA abortion pill rule pushes Walgreens, CVS to consider next steps

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Retail pharmacies and healthcare providers are assessing their next steps following the U.S. Food and Drug Administration’s decision to expand access to the abortion drug mifepristone. 

The FDA finalized a rule change on Tuesday that allows more pharmacies, including large chains and mail-order companies, to dispense the drug if they go through a certification process. In February 2022, the Biden administration permanently ended a requirement that women pick up abortion medication in person, after suspending the rule during the COVID-19 pandemic and allowing women to get prescriptions via telehealth appointments. 

CVS Health and Walgreens are determining how to navigate the FDA’s rule change. 

“We’re reviewing the FDA’s updated Risk Evaluation and Mitigation Strategy (REMS) drug safety program for mifepristone to determine the requirements to dispense in states that do not restrict the dispensing of medications prescribed for elective termination of pregnancy,” a CVS spokesperson said.

Walgreens also emphasized it would align with state and federal laws. 

Walmart Inc., did not immediately respond to a request for comment. 

The FDA’s decision is likely to receive pushback from Republican-led states limiting abortions and related medication. Thirteen states have full abortion bans in effect, plus a six-week ban in the state of Georgia, according to a New York Times report. In June, the U.S. Supreme Court ended the federal right to abortion by overturning Roe v. Wade.

In 2000, the FDA approved mifepristone to terminate pregnancies up to 10 weeks when used with misoprostol, a second drug taken one to two days later. The FDA estimates 3.7 million women have used mifepristone since its approval. More than half of abortions in the U.S. are now performed using pills instead of surgery. 

“There is no clinical evidence that in-person dispensing improves the safety of this medication or patient outcomes, and instead, unnecessarily restricted patient access to a safe and effective medication,” Dr. Iffath Abbasi Hoskins, president of the American College of Obstetricians and Gynecologists, said in a statement. “Although the FDA’s announcement today will not solve access issues for every person seeking abortion care, it will allow more patients who need mifepristone for medication abortion additional options to secure this vital drug.”

Also on Tuesday, the Justice Department ruled the U.S. Postal Service can continue to deliver mifepristone and misoprostol despite restrictions in certain jurisdictions. 

The Associated Press contributed to this report.

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