Mifepristone Prescription in the Post-Roe Landscape: Legal and Ethical Implications for First Health Carolina
In June 2022, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, effectively returning the authority to regulate abortion to individual states. This decision has brought significant changes to state laws, and has directly impacted the use of mifepristone, a drug used to medically induce abortions.
North Carolina Abortion Law
In North Carolina, post-Roe abortion laws are stringent, permitting abortion only in specific circumstances (Reamer, 2023). Currently, the state does not have explicit legislation concerning the use of mifepristone. However, considering the restrictive stance on abortion, the use of mifepristone outside of these narrowly defined circumstances could be viewed as illegal.
FDA and Mifepristone
Despite state restrictions, the FDA, under executive direction, has expanded mifepristone's availability via telemedicine appointments, with the drug shipped directly to patients (Baker, 2023). This unprecedented move challenges the authority of state abortion laws, including those of North Carolina.
Implications for First Health Carolina
Given North Carolina's restrictive laws on abortion, physicians affiliated with First Health Carolina prescribing mifepristone for inducing abortions outside of the legally defined exceptions could potentially be violating state law. If the drug were used in circumstances deemed unlawful under state law, First Health could be at risk for facilitating illegal actions.
Assisted Suicide Analogy
This situation is somewhat analogous to the use of drugs in assisted suicide. Though illegal in most states, assisted...
…monitor the evolving legal landscape and engage legal counsel to navigate this complex issue (Redd et al., 2023). We should also foster an open dialogue with our staff about these issues, emphasizing our commitment to operating within legal parameters while providing comprehensive healthcare services (Saxe, 2022).However, considering the stringent abortion laws in North Carolina, the legal ambiguity surrounding the use of mifepristone, and the potential reputational and legal risks for First Health Carolina, I recommend that our healthcare providers refrain from prescribing mifepristone for the purpose of inducing abortions at this time.
This stance ensures compliance with current state law, safeguards First Health Carolina against potential legal consequences, and maintains the trust and integrity of our institution within…
References
Baker, C. N. (2023). History and politics of medication abortion in the united states and the riseof telemedicine and self-managed abortion. Journal of Health Politics, Policy and Law, 10449941.
de Vries, I., van Keizerswaard, L. J., Tolboom, B., Bulthuis, S., van der Kwaak, A., Tank, J., &de Koning, K. (2020). Advocating safe abortion: outcomes of a multi?country needs assessment on the potential role of national societies of obstetrics and gynecology. International Journal of Gynecology & Obstetrics, 148(3), 282-289.
Reamer, F. G. (2023). Ethical Practice in a Post-Roe World: A Guide for Social Workers. SocialWork, 68(2), 150-158.
Redd, S. K., AbiSamra, R., Blake, S. C., Komro, K. A., Neal, R., Rice, W. S., & Hall, K. S.
(2023). Medication Abortion “Reversal” Laws: How Unsound Science Paved the Way for Dangerous Abortion Policy. American Journal of Public Health, 113(2), 202-212.
Saxe, L. (2022). No Longer Viable: The Push for the FDA's Removal of Mifepristone from theRems Program under Dobbs. Admin. L. Rev. Accord, 8, 101.
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