A group of healthcare providers and others have sued the state of Louisiana over a new law that classifies two abortion drugs as “controlled dangerous substances.”
The lawsuit, filed October 31 in East Baton Rouge Parish, says the law reclassifying mifepristone and misoprostol creates delays in medical treatment that could be dangerous in emergencies.
Birthmark Doula Collective LLC, Nancy Davis, Dr. Emily Holt, Kaitlyn Joshua and pharmacist Kaylee Self are the plaintiffs named in the complaint. The state, Attorney General Liz Murrill, the state Board of Pharmacy and the State Board of Medical Examiners are the named defendants.
“This case is about the unconstitutional regulation of medications that people need for non-abortion reasons simply because those medications may also be used for an abortion,” the complaint states. “Act 246 harms patients who require misoprostol or mifepristone to treat their physical conditions, as well as the medical professionals seeking to provide timely, appropriate, and compassionate care.”
According to the complaint, Act 246 went into effect October 1. Proponents say the law was needed for more oversight and control. Critics say it could harm patients needing emergency treatment for complications such as postpartum hemorrhages. Louisiana already had a near-total abortion ban.
“Even short delays in accessing misoprostol can be life-threatening for postpartum hemorrhage patients,” the complaint states, also claiming the law violates the state constitution in several ways.
Of the plaintiffs, the complaint says Self, the pharmacist, is pregnant. It also says Davis was denied an abortion in Louisiana and had to travel out of state to get one after she learned the fetus would not survive. Joshua says she was turned away from two emergency rooms instead of being treated for a miscarriage.
The complaint seeks a permanent injunction blocking the law. The plaintiffs say the law violates the right to equal protection by discriminating against patients and providers based on physical condition by singling out pregnancy and other conditions treated by misoprostol and mifepristone. They also say it creates barriers and risks for those who use and prescribe the drugs.
The plaintiffs also say the way the state Legislature passed the law was unconstitutional.
The new law creates fines of up to $5,000 and jail time of one to five years for anyone possessing the medications without a valid prescription.
Drugs classified as controlled substances are more tightly controlled by the government because they may be abused or cause addiction. The new law classified mifepristone and misoprostol as Schedule IV drugs, which generally is reserved for pain medications and mood-altering drugs.
Both drugs were approved by the U.S. Food and Drug Administration approved in 2000 as safe and effective for terminating pregnancies.
Gov. Jeff Landry signed Act 246 into law in May.
Doctors in Louisiana require a particular license to prescribe controlled substances, and the state tracks prescribers and patients who receive the drugs as well as pharmacies that distribute them.
The plaintiffs seek the permanent injunction as well as attorney fees, court costs, interests and other relief. They are being represented by Jamila Johnson and Allison Zimmer of Lawyering Project in New Orleans and by Alex Moody of Lift Louisiana.
19th Judicial District Court East Baton Rouge Parish case number C-75521733