Health Affairs October 6, 2023
On Wednesday, August 16, 2023, the Fifth Circuit doubled down on its heavily criticized preliminary decision from April, which addressed Food and Drug Administration (FDA) approval and rules for dispensing of the abortion drug mifepristone. In the many years since mifepristone was approved, the agency has removed some of the restrictions on its use because they were no longer deemed necessary or in the public interest. For example, after reviewing the data, the FDA decided to allow physicians to prescribe mifepristone until 10 weeks gestational age (up from seven). The FDA also reduced the mifepristone dosage from 600 mg to 200 mg, stopped requiring non-fatal adverse event reporting, and, most recently, decided that in-person administration of mifepristone and follow-up were...
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