Do You Have the Right to Prescription Medications After Roe?

Do You Have the Right to Prescription Medications After Roe?

Recently, Annie England Noblin, one of the women from Missouri She was not allowed to take her methotrexate medication (her arthritis medicine) due to the fact that the pharmacist needed contact her doctor in order to confirm that she wasn’t pregnant, and was planning to take it to trigger an abortion.

Her medication was finally received but she believes she’ll likely choose a less costly option in order to prevent this issue later on. Similar to Annie the battle for women seeking abortion-related medication will only get harder when states tighten restrictions the postRoe v. Wade world. Roe V. Wade world.

Methotrexate and mifepristone as well as misoprostol all are medicines that could be utilized to treat abortion with medication in large dosages. These are used commonly as treatment for cancer, rheumatoid arthritis stomach ulcers, lupus, cancer Crohn’s disease, ectopic pregnancy and the completion of miscarriages along with other autoimmune disorders. But, because of their capability to assist women who are trying to get pregnant, states where abortion is legal may start to notice increased restrictions regarding the prescribing of these medications.

In the time period during which there was a quarantine for the Covid-19 pandemic was authorized by the FDA for use through telehealth, and is still available as it is. It means you are able to be able to get the medication through telehealth from a different location.

Legally speaking, it can be dangerous, as both the doctor and you that prescribed you the medicine could be subject to penalties in your state of residence. Furthermore, the providers likely to be only licensed to provide healthcare via telehealth in their states this is a distinct legal issue altogether.

There is also the possibility of using an international telehealth service. It’s not so risky for the service However, certain states are pursuing those who attempt to self-abort Be informed of laws within your area with regards to medications for abortion. If you are taking the drugs for any other purpose, there are usually alternatives to more costly medications in case you require the prescriptions you need quicker. Unfortunately, higher-cost medicines may not be within access for some.

Federal Input

A recent letter sent from the Department of Health and Human Services informs pharmacists that they can’t discriminate on whom they sell and dispense prescription medications to because this would be in violation of the civil rights laws.

They cannot restrict access to drugs due to gender. The memo states that the term “pregnancy discrimination” is defined as:

  • Pregnancy in the present
  • Past pregnancy
  • The possibility of or the intention to have a baby
  • Pregnancy-related medical conditions or the birth of a child.

Therefore, if a drugstore does not offer methotrexate to the patient affected by rheumatoid arthritis because they’re female then the pharmacist is disqualifying that patient.

The memo further cites the specific provisions in the Affordable Health Act and Rehabilitation Act of 1973 stating that it’s unlawful for pharmacists employed by federally-funded pharmacies to deny to dispensing abortion drugs or contraceptive pills on the basis of their personal opinions. Privately funded pharmacies can still adhere to their personal beliefs.

Furthermore, U.S. Attorney General Merrick Garland stated that because of preemption ideology, FDA guidelines would come ahead of state laws on distribution of prescription medications. Their guidelines constitute both the norm and the limit that the FDA is able to ban certain drugs when states can’t. This means that if a state has banned a medicine that is used for abortion, it could have violated federal guidelines which allow prescription for the drug.

There will likely many court cases involving the use of prescription drugs as well as their alternate usages in the coming weeks and months as states attempt to curb abortion. There is a good chance that a court case will be filed concerning men being able to use a medication without needing to go over additional hoops in order to get the prescription medication is very significant.