No states have made such proposals or actions on restricting access to Opill, but the concern stems from the US Supreme Court’s Dobbs decision in 2022, which reversed Roe v. Wade and overturned the constitutional right to an abortion.
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But these examples have not set a precedent for what type of authority states may have to restrict access to an FDA-approved medication, Gupta said.
When it comes to Opill, “many states also allow pharmacists to refuse to participate in ‘health care’ that they find morally objectionable. This could include providing individuals with Opill even though it is OTC,” she said. “Legal approval and actual access are two distinct issues, with the latter influenced by a broader set of factors including state policies, healthcare practices, and socio-economic determinants of health.”