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A newly proposed Texas bill aims to reclassify mifepristone and misoprostol, two drugs commonly used in reproductive healthcare, as controlled substances. This legislation, if passed, would impose stricter regulations on access to these medications, echoing a controversial law enacted in Louisiana earlier this year. While these drugs are primarily associated with medication abortions, they are also vital for treating life-threatening conditions such as postpartum hemorrhage.
The bill, House Bill 1339, was introduced by Republican state Representative-elect Pat Curry from Waco. The legislation is modeled after Louisiana's Act 246, which went into effect on October 1. Louisiana’s law has faced criticism from healthcare professionals for its stringent storage and documentation requirements, which doctors argue could delay critical care and endanger patients' lives. Both Texas and Louisiana already enforce near-total abortion bans.
In Louisiana, the reclassification of mifepristone and misoprostol has led hospitals to remove these drugs from obstetric hemorrhage carts and store them in passcode-protected cabinets away from delivery rooms. Critics say this setup delays access to life-saving medications, particularly in rural hospitals that have fewer resources and medical staff. Larger health systems such as LCMC Health and Ochsner Health have had to adapt their procedures by placing the drugs in secured storage units, but many smaller facilities lack the capacity to make similar adjustments.
The reclassification has also sparked broader concerns about the precedent it sets for regulating medications essential for emergency obstetric care. Mifepristone and misoprostol are used not only for terminating pregnancies but also for managing postpartum bleeding in patients who cannot tolerate other medications due to conditions like hypertension or asthma.
The Louisiana law, authored by state Senator Thomas Pressly, was originally introduced as a bill targeting coerced abortion but was amended to include the reclassification of these drugs. Pressly cited personal motivations for the measure, referencing an incident involving his sister, who unknowingly received an abortion drug, resulting in the premature birth of her child. “The reclassification of misoprostol and mifepristone as scheduled drugs enables healthcare providers to continue to prescribe them for legitimate healthcare purposes while limiting the ability of bad actors to obtain them,” Pressly said.
Texas’s proposed legislation, which also includes adding the muscle relaxant carisoprodol to the Schedule IV controlled substances list, is set to be discussed during the state legislature’s session beginning January 14. If passed, the law would take effect on September 1, 2025.
Meanwhile, Louisiana's Act 246 is being challenged in court. Health advocates and providers argue that the law discriminates based on physical conditions and violates provisions of the state constitution by deviating significantly from its original intent. The ongoing lawsuit raises questions about the implications of similar legislation in other states and its potential impact on reproductive healthcare nationwide.
