The lawsuit was revived after the implementation of the Ohio Reproductive Freedom Amendment, also referred to as Issue 1 last year, where voters protected access to abortion in the Ohio Constitution.
“We warned the public that if Issue 1 passed that every single common sense restriction on abortion would be wiped out,” said Mark Harrington, president of Created Equal, a national anti-abortion organization based out of Columbus.
This latest preliminary injunction will allow abortion medication to be prescribed beyond what mifepristone’s FDA label says, which is that it is for the medical termination of intrauterine pregnancy through 70 days gestation.
“The best-available medical evidence shows that mifepristone can be used safely and effectively for medication abortions beyond 70 days LMP (last menstrual period),” Hamilton County Common Pleas Court Judge Alison Hatheway said in her court order.
Off-label prescribing is when a doctor prescribes an FDA-approved drug for a condition that is different than what it was originally approved for, according to the Agency for Healthcare Research and Quality. It is a common practice among doctors, with about one in five drugs being prescribed off-label.
Prior to the preliminary injunction, doctors were only required to stick to mifepristone’s FDA-label restrictions for abortion purposes only, not for mifepristone’s other medical uses.
“Ohio law does not restrict off-label use of mifepristone for purposes other than abortion, including miscarriage management,” Hatheway said.
Ohio clinics can now administer abortion medication up to 11 weeks, as opposed to the 10-week restriction Ohio was under, according to Planned Parenthood.
Without the preliminary injunction, clinics that provide abortion care would be limited in their ability to provide care to their patients, Hatheway’s order said. Patients would also face obstacles to care, she said.
“Ohioans have made it abundantly clear that this state needs more access to reproductive health care, not less; and unnecessary restrictions that ignore the scientific, evidence-based expertise of medical professionals exacerbate the strain on patients and providers,” said Nan Whaley, president and CEO of Planned Parenthood Southwest Ohio Region.
Advanced practice clinicians can also be trained to administer abortion medication if it falls within the scope of their practice because of this preliminary injunction, according to Planned Parenthood. Advanced practice clinicians include nurse practitioners, certified nurse midwives and physician assistants.
“This ruling makes medication abortion available to more people and easier for those patients to access, and more choices in health care is always better,” Whaley said.
Hatheway also enjoined Ohio’s restriction on who can sell or dispense mifepristone for the purpose of inducing an abortion, allowing pharmacies to dispense the drug for medication abortions.
“Ohio law has precluded Ohio retail pharmacies, such as CVS and Walgreens, from stocking abortion pills but the preliminary injunction will now force them to,” said Rachel del Guidice, director of communications for Ohio Right to Life.
Side effects to mifepristine can include allergic reactions, heavy vaginal bleeding, high fever, stomach pain, unusual weakness or fatigue, nausea, vomiting and diarrhea, according to the Cleveland Clinic.
“Non-medical personnel should have no place in prescribing this medication, yet the pro-abortion side is doing all they can do remove every longstanding safeguard Ohio has put in place just so that they can make more money,” del Guidice said.
The Mayo Clinic additionally mentions mental health problems, like anxiety and depression, as possible side effects.
“They are proving to us that they clearly do not care about safety, and it is past time that our state sees this reality,” del Guidice said.
As Cincinnati is the first stop for abortion access from Florida, this ruling will have an impact on Planned Parenthood’s ability to treat out of state patients and cut down on long wait times caused by the influx of patients.
“We will continue to provide safe, legal abortion to those who come through our doors,” Whaley said. “We’re working diligently to implement the changes this ruling grants and are excited to offer more options for our community in accessing the health care they need and deserve to make the choice that’s best for them.”
Clinics that provide abortion care have reported seeing upticks in patients traveling from out of state to obtain care in Ohio.
“Dayton Right to Life has been aware of the high number of women from outside our area that come to Dayton for their abortions for years,” said Margie Christie, executive director of Dayton Right to Life.
On any given day, license plates from Indiana, Kentucky and West Virginia can be seen in the parking lot at the Women’s Med Clinic, she said.
“Dayton is an abortion destination for traffickers, abusers and vulnerable women in desperate situations,” Christie said.
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