(CONCORD, NH) – On Friday, the Fifth Circuit Court of Appeals granted a stay in a?Louisiana court case surrounding mifepristone, one of two drugs commonly used in a medication abortion. While this stay is in effect, mifepristone cannot be dispensed in any state through a direct-to-patient telehealth model or certified mail-order pharmacy, including here in New Hampshire.
The decision reinstates a medically unnecessary requirement that patients visit a health center in person.? This change means that patients everywhere will face barriers to abortion care — even in states where abortion is legal or protected. Because?the?FDA?regulates prescription drugs at a federal level,?each state and provider must now adhere to these new rules regarding?mifepristone.
The case, Louisiana v. FDA, challenged the FDA’s 2023 Risk Evaluation and Mitigation Strategy (REMS) that removed the requirement that medication be dispensed in person in a medical facility. It is one of several cases that have been filed by anti-abortion advocates since the Dobbs decision in 2022.
In response to the stay, Planned Parenthood of Northern New England (PPNNE) announced it will pivot to a different medication abortion drug protocol in its telehealth program.
Statement from Nicole Clegg, President & CEO, PPNNE:?
“We closely monitored this court case, and we identified a way to keep telehealth medication abortion access intact for our patients. We will switch our drug formula to misoprostol-only. This type of medication abortion has been used successfully for many years in other parts of the world where access to mifepristone is restricted.
But let me be clear – we shouldn’t even have to make this change. An overwhelming body of medical research and evidence proves that using mifepristone for medication abortion is a safe, effective way to end a pregnancy, including when prescribed via direct-to-patient telehealth. This case was never about safety or protecting patient health – it was another thinly veiled attempt by anti-abortion advocates to ban abortion nationwide; in whatever way they can.
No matter what they throw at us, PPNNE will continue to pivot and adapt to ensure our patients can get the care they need – today, tomorrow, and beyond.”
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About Planned Parenthood of Northern New England: PPNNE is the largest provider of sexual and reproductive health care across Maine, New Hampshire, and Vermont. In FY25, PPNNE provided care to more than 35,000 patients for more than 52,000 visits. There are 14 health centers across the region.