Abortion Pill Access Expands In NJ After FDA Decision

NEW JERSEY — While abortion access in New Jersey isn't in immediate peril, federal health regulators took a step Tuesday that will expand reproductive care in the state. The U.S. Food and Drug Administration broadened access to abortion pills.

The FDA finalized a rule change that would make abortion pills available to more pharmacies, including large chains and mail-order companies, as well as brick-and-mortar stores, as long as they complete a certification process.

New Jersey codified abortion's legality last January through the passage of the Freedom of Reproductive Choice Act. Efforts from state leaders to strengthen New Jersey's abortion protections came amid the run-up to and fallout of the U.S. Supreme Court's decision last June to overturn the constitutional right to abortion care, which stood for 49 years.

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However, reproductive-rights activists and state Democratic leaders have sought ways to expand abortion access in New Jersey. The FDA's updated regulations on abortion pills could aid that objective, but a patchwork of state laws after the overturning of Roe v. Wade could limit availability in much of the country.

More than half of U.S. abortions are now done with pills rather than surgery, according to the Guttmacher Institute, a research and policy group that supports abortion rights.

Whether pharmacies go through the process that will allow them to dispense the pills remains to be seen. Two of the country’s biggest retail pharmacies, CVS and Walgreens, have only said that they are reviewing the rule change, The Washington Post reported.

The change partially began last year, when the Biden administration said it would no longer enforce long-standing requirements for picking up the medicine in person.

Now, the prescriptions are available via telehealth consultation with a health professional. Patients can receive the pills through the mail in states where abortion pills are permitted by law. According to the Guttmacher Institute:

• Twenty-nine states require that medication abortion be administered by physicians.
• Two states ban abortion pills after a specific point in pregnancy.
• Eighteen states prohibit telemedicine-prescribed abortion pills and require that the clinician be physically present when the medication is administered.

New Jersey isn't among the states with the aforementioned restrictions.

Legal experts expect years of court battles over access to the pills, as abortion-rights proponents bring test cases to challenge state restrictions.

For more than 20 years, the FDA labeling had limited dispensing to a subset of specialty offices and clinics, due to safety concerns. During the COVID-19 pandemic, the FDA temporarily suspended the in-person requirement. The agency later said a new scientific review by agency staff supported easing access, concurring with numerous medical societies that had long said the restriction wasn't necessary.

The American College of Obstetricians and Gynecologists called the update an “important step” forward.

“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,” the group said in a statement.

In 2000, the FDA approved mifepristone to terminate pregnancies of up to 10 weeks, when used with a second drug, misoprostol. Mifepristone is taken first to dilate the cervix and block the hormone progesterone, which is needed to sustain a pregnancy. Misoprostol is taken 24 to 48 hours later, causing the uterus to contract and expel pregnancy tissue.

Bleeding is a common side effect, though serious complications are very rare. The FDA says more than 3.7 million U.S. women have used mifepristone since its approval.

Several FDA-mandated safety requirements remain in effect, including training requirements to certify that prescribers can provide emergency care in the case of excessive bleeding. Pharmacies that dispense the pills also need a certification.

The Associated Press contributed reporting.