Following Supreme Court Decision, Reps. Chu, Goldman Renew Call for Retail Pharmacies to Obtain Certification to Distribute Medical Abortion

In January of last year, the FDA created a pathway for patients with certified prescriptions to obtain mifepristone through a certified retail pharmacy. After 18 months, these pharmacies have refused to say whether or not they have begun the process to obtain certification to dispense mifepristone in states where it remains legal and have not indicated that they plan to seek certification to dispense the drug. Their refusal to commit to certification comes despite Reps. Goldman and Chu making similar calls in June of last year, and the Supreme Court's recent caseupholding the legal status of the medication abortion drug. The members have urged the pharmacies to immediately provide them with their plan to become a certified pharmacy dispenser of mifepristone.

"We write to follow up on our letter dated June 2023in which we similarly asked your companies to provide us with your plan to receive certification to dispense mifepristone and support access to medication abortion," the members wrote. "We are disappointed that you have not publicly pursued certification for the past year. While we understand the status of pharmacy mifepristone prescribing has been up in the air over the last year, now that the Supreme Court has ruled on AHM's claims and the status of mifepristone availability is unchanged, we urge you to promptly outline the steps you must take to begin the certification process so that your customers can have mifepristone readily available in states where it remains legal."

Last month, the Supreme Court rejected the Food and Drug Administration v. Alliance for Hippocratic Medicine case seeking to roll back access to mifepristone, asserting that the doctors and medical groups challenging the FDA's expansion lacked standing to sue. The case preserved the present legal status of the medication abortion drug.

"Additionally, this lack of action to certify is misaligned with your publicly stated values in support of equal access to health care and in support of gender equality," the members continued. "In light of escalating attacks on bodily autonomy and on people's freedom to make their own health care decisions, your companies have a social responsibility to consumers and communities to address this issue as soon as possible. Families and communities rely on your pharmacies to provide them with life-saving, timely medications. Mifepristone is currently used in most abortions in this country and it is an increasingly desired option. Your customers should be able to decide which method of care is best for them, but they can only do so if they are able to access it."

"Therefore, we once again request that you provide us with a clear answer about whether and when you will seek authorization to become a certified pharmacy dispenser of mifepristone. We strongly urge you to consider policies that facilitate access to essential and time-sensitive reproductive health care services, including medication abortion, which are clear to your consumers and to your pharmacy employees."

"Please ensure that your company responds to us in writing to confirm whether and when you plan to support access to mifepristone through the certification process. We look forward to hearing from you by July 12, 2024," the members concluded.

In January of this year, Reps. Chu and Goldman joined 261 members of Congress in submitting an amicus briefurging the Supreme Court to protect access to the medication abortion in the FDA v. Alliance for Hippocratic Medicine case threatening access to mifepristone nationwide.

Click hereto read the letter.