Abortion

Arizona Governor: Force Doctors to Provide Outdated Medication Abortion Care

The FDA's change to medication abortion guidelines undercuts other laws in Texas, Oklahoma, Ohio, and North Dakota that require physicians to follow the agency's 2000 label recommendation for mifepristone.

Arizona's Republican governor ignored updated labeling issued Tuesday by the Food and Drug Administration, signing a GOP-led bill Thursday night to force doctors to follow obsolete medication-abortion guidelines. Gage Skidmore / Flickr

Arizona’s Republican governor ignored updated labeling issued this week by the U.S. Food and Drug Administration (FDA), signing a bill Thursday that will force doctors to follow obsolete medication abortion guidelines.

The Arizona bill, SB 1324, limits medication abortion care to the first seven weeks of pregnancy, requires extra in-person doctor visits, and mandates a higher medication dosage than reinforced by a large body of medical evidenceand now the FDA.

The FDA’s updated guidelines on a pill used to induce abortion support a lower dose, fewer doctor visits, and expanded use to ten weeks of pregnancy. The agency revised the labeling based on data and information submitted by the drug manufacturer Danco.

Gov. Doug Ducey (R) in a statement Thursday night acknowledged the GOP measure’s flaws.

“At the time that SB 1324 was passed, the FDA had not updated its guidelines in 15 years, and there was no indication that an update was imminent,” Ducey said. “I recognize that given the unexpected actions by the FDA, some changes may need to be made in a later bill, and I stand ready to consider those changes when they reach my desk.”

Sources at the state capitol said that SB 1324’s sponsor, state Sen. Nancy Barto (R-Phoenix), was expected to amend the measure with another bill she is sponsoring, SB 1112. It’s unclear whether the changes would adhere to the new FDA labeling.

Cathi Herrod, president of the anti-choice group known as the Center for Arizona Policy, sent out a mass email on Friday about the FDA labeling, saying that group is “working with lawmakers and exploring all options as to what steps can and should be taken.”

Abortion rights activists were swift to condemn Ducey’s action.

“This bill doubles down on Arizona’s politically motivated crusade to force bad medicine on women,” David Brown, staff attorney at the Center for Reproductive Rights, said in an emailed statement. “A law requiring women to receive twentieth-century medical care in the twenty-first century is mean-spirited and offensive.”

The FDA’s action on Tuesday also undercut laws in Texas, Oklahoma, Ohio, and North Dakota that require physicians to follow the agency’s 2000 label recommendation for mifepristone, known by the brand name Mifeprex. The pill is one of two used to medically induce an abortion. Patients take mifepristone, followed by a later dosage of misoprostol. The original FDA label instructed providers to administer both doses in the office and have a follow-up visit in the office.

Courts have blocked the GOP-pushed medication abortion restrictions in Oklahoma and North Dakota. Arizona lawmakers in 2012 enacted a nearly identical medication-abortion restriction law, which the courts permanently blocked.

Ducey on Thursday also signed Republican-backed bills to outlaw fetal tissue research and bar state employees from donating to Planned Parenthood.

“The governor’s action today, particularly with regard to SB 1324, was disappointing but not unexpected,” Jodi Liggett, vice president of public affairs with Planned Parenthood Arizona, said in a text message to Rewire. “This administration has made it clear that it cares more about satisfying an extremist base than it does about women’s health. That was made crystal clear by the nonsensical action of signing a bill that has been made moot by the FDA’s action.”

Liggett continued, “Undoubtedly there will be more legislation to further tie the hands of Arizona physicians. When politicians practice medicine, it’s women who suffer.”

Arizona Republicans hold an 18-12 state senate majority and a 36-24 edge in the house.