Following Texas Judge’s Order to Halt FDA Approval of Mifepristone, Governor Healey Takes Bold Action to Stockpile Drug, Protect Providers

Reproductive Equity Now applauds Governor’s partnership in ensuring access to abortion care

BOSTON (April 10, 2023) – Reproductive Equity Now President Rebecca Hart Holder released the following statement today after Governor Maura Healey announced several actions to protect and stockpile a state supply of mifepristone, the first drug used in a two-drug medication abortion regimen. The announcement follows Northern District Court of Texas Judge Matthew Kacsmaryk’s ruling in Alliance for Hippocratic Medicine v. the U.S. Food and Drug Administration on Friday to stay, or halt, the FDA’s 23-year approval of mifepristone.

“This is what it looks like to have a partner in the Corner Office. At this moment of crisis, we are grateful to have Governor Healey at the helm, a leader who is not afraid to stand up, fight back, and make it clear that our Commonwealth’s core values will not be challenged,” said Rebecca Hart Holder, President of Reproductive Equity Now. “With this stockpiled supply of mifepristone, our providers can continue to offer the gold standard of medication abortion care to thousands of people throughout the state, regardless of what a judge in Texas says. Today, Massachusetts is sending a clear message that we will fight back against attempts to reach across our borders and restrict access to care.”

The state is taking the following actions:

  • At Governor Healey’s request, the University of Massachusetts Amherst last week purchased approximately 15,000 doses of mifepristone to ensure sufficient coverage in the state for more than one year. The doses are expected to arrive this week. Health care providers in Massachusetts have also agreed to purchase additional quantities to make available for patients. The Healey-Driscoll Administration is also dedicating $1 million to support providers contracted with the Department of Public Health in paying for these doses. 

  • Additionally, Governor Healey is issuing an Executive Order confirming that the 2022 provider protection law should be interpreted as protecting access to medication abortion, including mifepristone. This will ensure that pharmacists and providers can continue to stock and dispense mifepristone and will protect providers and patients from criminal and civil liability for accessing this essential care. The Executive Order also instructs the Department of Public Health and Division of Insurance to issue guidance to help implement the order and requires the Department of Public Health to provide support to public universities and colleges to expedite development and implementation of their medication abortion readiness plans. 

A federal district judge in Washington State also issued a conflicting order on Friday night preventing the FDA from altering the availability of mifepristone. The FDA is now under competing federal court orders regarding mifepristone approvals.

Medication abortion is safe, effective, and accounts for nearly 50 percent of abortions in Massachusetts and more than 50 percent of abortions nationwide. A two-drug medication abortion regimen is the gold standard for medication abortion care.

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Boston Globe | ‘It’s creating enormous chaos’: Legal experts, political leaders blast Texas court ruling that could affect access to abortion pill