FDA says pharmacies can now give abortion pills by prescription. What about in Florida?

The U.S. Food and Drug Administration will allow select retail and online pharmacies in the United States to provide abortion pills to people with prescriptions, in a move that will greatly increase the availability of the medication at a time when many states are trying to limit these measures.

The FDA’s final rule change on Tuesday comes during a period when an increasing number of states are seeking to ban abortion pills, emboldened by the U.S. Supreme Court’s decision in June to overturn Roe v. Wade. The Supreme Court decision eliminated a woman’s constitutional right to an abortion in the United States after nearly 50 years.

While the FDA’s move is meant to make getting an abortion easier in the United States, it won’t change the medication abortion process in Florida, according to Laura Goodhue, vice president of public affairs at Planned Parenthood of South, East and North Florida.

Here’s what to know:

What change did the FDA make in accessing abortion pills?

The FDA is allowing certified pharmacies to dispense mifepristone to people who have a prescription. It’s no longer requiring patients seeking an abortion to get the first of the two drugs in person at a doctor’s office, hospital or health center. (The FDA temporarily lifted this mandate during the COVID-19 pandemic to let people receive the medication by mail, pending state law)

Mifeprex (mifepristone) and its generic version, Mifepristone tablets, 200 mg, is a medication that when used together with another medicine called misoprostol, can end pregnancy through week 10, according to the FDA, which approved the medication more than 20 years ago to a limited number of specialized offices and clinics. The FDA approved Mifepristone’s generic counterpart in 2019.

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Under the new regulations, certified healthcare providers can prescribe the abortion-inducing medication and the patient can go pick up the pills at a certified pharmacy or have the pharmacy mail it to them, just like they would other medications. Both CVS Health and Walgreens said they’re reviewing the FDA’s updated guidelines.

In order to be certified, healthcare providers and pharmacies will have to submit a form with the FDA and get the agency’s approval.

The Supreme Court’s decision in June to overturn Roe v. Wade, the 1973 landmark Supreme Court decision giving women across the United States the constitutional right to an abortion, has led some states to rewrite their abortion laws, including outlawing the procedure.

So far, abortion is illegal now in 12 states and 18 states have banned access to medication abortion via telemedicine, according to the Center for Reproductive Rights.

Legal experts say they foresee years of court battles over access to the pills.

What about in Florida?

A patient’s ability to get the pills through a pharmacy will vary by state. In Florida, it will not change how the process currently works, said Goodhue of Planned Parenthood.

Nearly half of all abortions in Florida in 2021 were performed using medication — among the highest rates in the country — according to federal health records reviewed by the Tampa Bay Times. Taking mifepristone doesn’t run afoul of Florida law, which bans most abortions after 15 weeks of pregnancy, as the medication ends a pregnancy through week 10.

Florida legislators approved the 15-week ban last year, replacing the previous state law that allowed abortions until 24 weeks of pregnancy.

But the Republican-led Legislature may not want to stop there. In November, incoming Senate President Kathleen Passidomo told the Herald/Tampa Bay Times that she wants to see the 15-week ban reduced to 12 weeks with an exclusion for rape and incest, which is currently not allowed.

READ MORE: Florida legislative leaders say they will discuss further restrictions on abortions

Under current Florida law, patients won’t be able to pick up the pills at a certified pharmacy or have the medication mailed to them. Instead, they would have to schedule two appointments at an abortion-providing facility, such as Planned Parenthood health centers.

The Florida Department of Health didn’t respond to an email from the Herald on Wednesday inquiring whether the FDA rule change would affect how people access abortion pills in the state.

READ MORE: Yes, no and ‘nuanced’: What Miami religious leaders are saying about Roe v. Wade ruling

Florida law requires patients to have an in-person visit with a physician at least 24 hours before an abortion procedure, including for medicine abortion, according to Goodhue. During this visit, the physician must explain the procedure, its risks, and use an ultrasound to check how far along the pregnancy is. The patient must also provide consent for the abortion.

The patient will then need to schedule another appointment for the abortion procedure, which in this case would be to take the first dose of the medication in person, Goodhue said.