Florida’s Agency for Health Care Administration last week sent a warning to pharmacies over providing abortion pills following the Food and Drug Administration (FDA) finalizing a rule making abortion pills more readily available.
According to the AP, the FDA’s new rule essentially “broadens availability of abortion pills to many more pharmacies, including large chains and mail-order companies.” CVS and Walgreens are among common pharmacy chains prepared to offer the pills in states where abortion is permitted.
.@CVSHealth and @Walgreens plan to offer abortion pills, the first chains to seek certification to do so under new F.D.A. rules. They won’t do this in states that ban abortion, and patients will still need prescriptions from certified health providers. https://t.co/OWAGUimyuo
— Pam Belluck (@PamBelluck) January 5, 2023
However, Florida’s Agency for Health Care Administration has warned pharmacies the new FDA rule violates Florida law. Currently, abortion is illegal in the Sunshine State after 15 weeks of pregnancy with few exceptions, including preserving the life of the mother. The 15-week ban is down from the previous 24-week ban.
Further, in order to obtain an abortion in the legal time frame in the Sunshine state, a woman must have an ultrasound, undergo counseling, and wait 24 hours after that period to go through with the abortion.
U.S. health officials have finalized a rule broadening availability of abortion pills to many more pharmacies, including large chains and mail-order companies. The FDA update removes a requirement that the medicine must be picked up in person. https://t.co/jgqebut1II
— The Associated Press (@AP) January 4, 2023
Additionally, “patients must take the first abortion pill in front of the doctor,” according to Newsmax. That leaves major questions for those who hope to implement the FDA rule, as a woman could technically be prescribed the abortion pill during a telehealth visit and have it mailed to her home.
As a result, the agency issued a Florida Medicaid Health Care Alert on January 11, reminding pharmacies that they “must continue to comply with Florida laws that govern the performance of abortions.”
The alert reads:
In light of the recent decision by the U.S. Food and Drug Administration to allow retail pharmacies to dispense Mifepristone, the Agency issues this alert to remind providers that they must continue to comply with Florida laws that govern the performance of abortions.
Two statutes are relevant here. First, section 390.0111(2), Florida Statutes, provides that “[n]o termination of pregnancy shall be performed at any time except by a [licensed] physician.” Second, section 797.03 (1), Florida Statutes, states that “[i]t is unlawful for any person to perform or assist in performing an abortion on a person, except in an emergency care situation, other than in a validly licensed hospital or abortion clinic or in a physician’s office.” Willfully violating these provisions could result in criminal penalties. See 390.0111(10)(a), Florida Statutes, and 797.03(4), Florida Statutes.
The agency warned that it will go to authorities in the case of “any evidence of criminal activity that it discovers in its surveys of providers”:
Ron DeSantis Tells Florida Pharmacies They Can’t Sell Abortion Pills! @LifeNewsHQ
Tell him Thank you! https://t.co/za7hhafyhE pic.twitter.com/h6mnWmkFBo
— Frank Pavone (@frfrankpavone) January 16, 2023
According to the state’s Agency for Health Care Administration, abortion is on the decline in the Sunshine State.
Those statistics could be much different in Florida if Gov. Ron DeSantis (R) had not defeated Democrat challenger Charlie Crist last year, who touted abortion access as a day one agenda item:
On my first day as governor, I will sign an Executive Order to protect reproductive freedom in Florida.
— Charlie Crist (@CharlieCrist) June 25, 2022
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