Judge rules non-physicians can now prescribe abortion pill in Ohio

A judge in Hamilton County, Ohio, granted a preliminary injunction last Tuesday against state regulations that may have prevented non-physicians (like physician assistants and certified nurse midwives) from distributing the abortion pill.

Key Takeaways:

• An Ohio judge ruled that non-physicians — like nurse practitioners, certified nurse midwives, or physician assistants — can now prescribe the abortion pill.

• The abortion pill carries significant risks, which are increased without an in-person visit due to a “no-test” protocol, which fails to determine gestational age, potential ectopic pregnancy, or other risks and contraindications.

The Details:

In 2021, Ohio enacted a law prohibiting “telemedicine abortion,” in which an abortionist prescribes the abortion pill without first examining the patient in person. It was immediately challenged by Planned Parenthood and the ACLU after its passage, and blocked in the courts.

According to the Ohio Capital Journal, the abortion industry later “amended its lawsuit, arguing that certain statutes regarding medical licensure in Ohio Administrative Code and Ohio Revised Code ‘could be read to preclude (advanced practice clinicians) from providing medication abortion care.'”

Judge Alison Hatheway of the Court of Common Pleas in Hamilton County has now agreed with the plaintiffs. In her ruling, Hatheway said the regulations “could be read to preclude otherwise qualified (nurse practitioners) or (certified nurse midwives) from providing medication abortions merely because they are licensed by the Board of Nursing, not the (State) Medical Board.”

She also referenced the Ohio amendment passed by voters last November which made abortion a constitutional “right” in the state, saying the amendment “grants sweeping protections ensuring reproductive autonomy for patients in Ohio.” She said the plaintiffs offered “substantial evidence” that the law about medical licensure violates the abortion amendment “and actually causes harm to plaintiffs and their patients.”

With Hatheway’s ruling, advanced practice clinicians who are not physicians are now free to act as abortionists.

Why it Matters:

The abortion pill has been shown to be four times more dangerous than a first-trimester surgical abortion.

A recent analysis of insurance data reported that 11% of women who take the abortion pill experience sepsis, infection, hemorrhaging, or other serious or life-threatening complications. This rate is 22 times higher than the FDA reported complication rate on the mifepristone label. A separate study out of Ireland found that 12% of women went to the ER for bleeding or infection after taking the abortion pill.

Women are at increased risk when taking the abortion pill via telemedicine, because they fail to receive an ultrasound or other standard testing to confirm the child’s gestational age and to ensure the pregnancy is not ectopic.

The Bottom Line:

Hatheway’s ruling was slammed by Ohio Right to Life, who called it “reckless judicial interference.”

“The practice of medicine should be done by doctors, not lawyers who are diluting the practice of medicine and placing women’s lives at risk. The abortion industry will always choose profit over the health of women and this decision reveals their willingness to do that yet again,” the organization said.

“Because chemical abortions have a 1 in 20 risk of complication and a 1 in 300 risk of a severe adverse event, lifting the requirement of a doctor’s involvement is extremely reckless.”

The group said it is confident that given the risk to women, Ohio Attorney General Dave Yost will have “ample ground” to appeal the ruling.

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