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Congressman Dan Goldman Presses Pharmacies on Providing Access to Medication Abortion

June 15, 2023

Goldman Leads Members of Congress in Pressing Pharmacies on Becoming Certified to Dispense Mifepristone, Most Common Medication Abortion  
 
Many Large Retail Pharmacies Refuse or Won’t Commit to Certify in States Where Mifepristone is Legal  
 
Mifepristone the Target of Extremist Attacks on Abortion Rights and Republican Attempts to Ban Abortion Nationwide 
 
Read the Letter Here

Washington, D.C. – Congressman Dan Goldman (NY-10) and Congresswoman Judy Chu (CA-28) today led 52 members of Congress in pressing Walmart, Costco, Safeway, Kroger, and HealthMart on undergoing the certification process to dispense the abortion medication mifepristone. The members strongly urged them to facilitate access to reproductive health care services, including medication abortion, which are time sensitive and essential. In January, the FDA created a pathway for patients with certified prescriptions to obtain mifepristone through a certified retail pharmacy. Despite having months to do so, these pharmacies have failed to become certified and have not yet indicated they plan to seek certification to dispense mifepristone, even in states where it remains legal. The members’ demand is supported by Planned Parenthood and NARAL Pro-Choice America. 
 
The members have requested clear answers from the pharmacies on whether and when they will seek authorization to become a certified pharmacy dispenser of mifepristone.  
 
“It is unconscionable that five of the largest retail pharmacies in the country are refusing to declare whether they will receive certification to provide basic, legal, FDA-approved medication abortion health care for Americans,” Congressman Dan Goldman said. “Mifepristone has been safe and effective for over two decades. We cannot allow activist judges and extreme Republican state legislatures to exchange their political opinions for the expertise of the FDA, and these retail pharmacies have an obligation to abide by the law, not the whims of political extremists. The refusal to obtain certification continues to put the lives of women across the country at risk.”  
 
In April, the Supreme Court blocked a federal judge’s ruling in Texas to reverse the FDA’s approval of mifepristone and ban the disbursement of the primary medication abortion drug throughout the United States. While mifepristone remains safe and approved by the FDA, five of the largest pharmacies in the United States have refused to become certified to disburse the drug, even in states were abortion remains legal.  
 
Congresswoman Judy Chu said, "The scientific and medical evidence has unequivocally established mifepristone as a critical component of the medical regimen for safe and effective medication abortion care. Despite unprecedented attacks on women's health and abortion access in this country, these pharmacies have not publicized their distribution strategy about distributing mifepristone. It is critical that these pharmacies promptly provide us with a clear and transparent response, outlining their distribution timeframes, intentions, and overall plan to continue making this essential medication accessible in every zip code in America." 
 
NARAL Pro-Choice America President Mini Timmaraju said, “Given recent and ongoing attacks against medication abortion, it is critical that we take every step to ensure access to this safe, effective form of care. We encourage large retail pharmacies who have not yet sought certification to dispense mifepristone to do more to mitigate the abortion access crisis that affects millions of people. Thank you to Reps. Goldman and Chu for their leadership in calling on these corporations to act and ensure everybody can access the care they need.” 
 
Read the letter here and below: 
 
Dear Mr. McMillon, Mr. Gutermuth, Mr. McMullen, Mr. Jelinek, and Mr. Farah: 
  
On January 3, 2023, the Food and Drug Administration (FDA) established a process for retail pharmacies, including your companies, to become certified to dispense mifepristone.[1] We write to you to ask about your plan, if any, to support access to medication abortion by becoming certified to dispense mifepristone.   
  
On September 28, 2000, the FDA approved mifepristone as the first medication to use as medication abortion. Since then, more than five million patients have safely used mifepristone as the first of two pills in their medication abortion care, and medication abortion now accounts for more than half of all abortions nationwide.[2] Mifepristone, in combination with misoprostol, also offers the most effective medication regimen for managing an early miscarriage.[3] Over the past two decades, an abundance of evidence has unequivocally established that medication abortion is safe and effective. In fact, with a safety record of over 99%, mifepristone is safer than Tylenol.[4] Because of that clear record, in January 2023, the FDA created a new pathway to enable patients, with a prescription from a certified prescriber, to obtain mifepristone through a certified retail pharmacy.[5] Despite ongoing, baseless attacks from right-wing extremists, the scientific and medical facts remain clear. Mifepristone, in combination with misoprostol, remains the gold standard for medication abortion and miscarriage management care.  
  
Some large retail pharmacies, including some of your competitors, have already committed to becoming certified mifepristone dispensers under this new FDA option. We were encouraged by this and hope they receive certification shortly. 
  
Your pharmacies have been able to start the certification process since January but have not done so, despite letters from numerous governors and senators inquiring about your failure to do so.[6] We are concerned that your respective companies have not yet indicated plans to seek certification to dispense mifepristone, consistent with federal guidelines and regulations, as this could help increase access to needed medication. Your continued silence is unacceptable as it is misaligned with your publicly stated values in support of equal access to health care and of gender equality. In light of current attacks on bodily autonomy and on people’s freedom to make their own health care decisions, your companies have a responsibility to consumers and communities to address this issue as soon as possible.    
  
We therefore request that you provide us with a clear answer about whether and when you will seek authorization to become a certified pharmacy dispenser of mifepristone. We strongly urge you to pursue policies that facilitate access to reproductive health care services, including medication abortion, which are time sensitive and essential.   
  
Please ensure that your company responds to us in writing to confirm whether and when you plan to support access to mifepristone through the certification process. We look forward to hearing from you by June 23, 2023.

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Issues:Congress