Uncertainty Looms Following Supreme Court’s Overturning of Roe v. Wade

The regulatory landscape across the United States changed dramatically Friday as Dobbs v. Jackson Women’s Health Organization overturned the nearly five-decade precedent set by Roe V. Wade. In Dobbs, the United State Supreme Court held that abortion is not a constitutional right and should instead be regulated at the discretion of the individual states.

The decision was met with a flurry of regulatory changes, some occurring instantly with so-called “trigger laws” set to be implemented the moment Roe was overturned. Some laws triggered immediately while others have certain preconditions. Meanwhile, other states have pre-Roe abortion laws still in effect that have simply not been enforced for the last fifty years. This amounts to a great deal of ambiguity and unpredictability over whether and when abortion will be outlawed.

An added layer for pharmacies is the question of “what exactly is an abortion?” Do these laws include pharmaceutical abortions like Mifepristone? Do emergency contraceptives such as Levonorgestrel, aka “Plan B,” count as an abortion? If a state does not consider these drugs illegal now, could it do so in the future? Pharmacy professionals should be vigilant and routinely monitor pending legislation and regulations across the country, particularly pharmacies with multiple licenses that ship out of state.

If your pharmacy dispenses medications that medically induce abortions or act as emergency contraceptives, our firm has the knowledge and resources to be your pharmacy’s guide through this time of transition and uncertainty.  Contact Boesen & Snow to assist your organization with its compliance monitoring today.