Further Efforts To Protect Access to Reproductive Healthcare Services

This memorandum directs HHS, DOJ, and DHS to take steps within 60 days to protect access to mifepristone following FDA rule changes that expanded telehealth and pharmacy access. It requires agencies to consider guidance for patients and providers, report barriers to the Interagency Task Force on Reproductive Healthcare Access, and assess resource needs.

Federal Register Open PDF 88 FR 4895

Impact dates

Mar 23, 2023
HHS to consider guidance for patients, providers, and pharmacies on mifepristone access; consider further education actions; agencies to report barriers and resource needs to Interagency Task Force

Key directives

HHS to consider issuing guidance for patients, providers, and pharmacies on legal mifepristone access within 60 days
HHS to consider further actions to educate individuals on seeking legal reproductive care free from threats or violence within 60 days
Attorney General, DHS Secretary, and HHS Secretary to provide Interagency Task Force with information on barriers and resource needs within 60 days

Who is ordered

Timeline

Immediate

Memorandum issued directing agency action

Near term (90d)

HHS to consider guidance for patients and providers on mifepristone access
Agencies to report barriers and resource needs to Interagency Task Force

Long term

Potential ongoing federal-state conflicts over abortion medication access
Implementation of agency guidance if issued

Risks & tensions

Federal-state conflict: memorandum explicitly notes state officials attempting to restrict mifepristone access despite FDA approval
Safety concerns for providers and pharmacies dispensing mifepristone
Limitation: uses 'shall consider' and 'as appropriate' language, creating uncertainty about binding action
Potential legal challenges to federal authority over state abortion restrictions