This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state.
A retired Laramie County district judge heard arguments on June 23 to temporarily block part of a new state law that would exclude the use of abortion pills, among others, for off-label uses.
HB 164 allows healthcare providers to prescribe some legal medications for off-label purposes, a common and legal practice in medicine. The federal Agency for Healthcare Research and Quality describes it as “when a physician gives you a drug that the U.S. Food and Drug Administration (FDA) has approved to treat a condition different than your condition.” The agency says one in five prescriptions written today are for off-label use.
But Wyoming lawmakers excluded some narcotics, gender transition medications specifically for minors and medications intended to induce abortions from the bill. For example, mifepristone is FDA approved for pregnancy termination and treating hyperglycemia in patients showing signs of Cushing’s syndrome, but its off-label uses also include cervical maturation and adjunct therapy for uterine leiomyomas.
The plaintiffs suing to block the new law from going into effect said it would cause irreparable harm by putting physicians at risk of losing their licenses to practice medicine if they prescribe mifepristone for off-label uses. The complaint only seeks to overturn the language of the law having to do with abortion medication.
Attorneys for the state of Wyoming argue the bill’s exact wording doesn’t necessarily mean healthcare providers will be at risk of punishment if they use mifepristone for off-label uses, and that the only reason that line was included in the bill was to make it conform with a partial ban on medication abortion from 2023. That ban is currently being reviewed by the Wyoming Supreme Court, and a ruling is expected in the coming months.
Operating on behalf of Natrona County District Court, Judge Thomas T.C. Campbell heard arguments for and against HB 164 during a virtual court hearing on the Teams app.
He didn’t issue a ruling during the hearing but could do so soon. If it’s not blocked, it will go into effect on July 1.
Background
On May 1, abortion advocates in Wyoming added House Bill 164 to an existing civil lawsuit looking to overturn two new abortion restrictions passed in the last legislative session.
One of those restrictions required Wellspring Health Access and any other clinics providing procedural abortions to get licensed as an ambulatory surgical center, among other requirements.
The other mandated that women seeking medication to end their pregnancies would need to have a transvaginal ultrasound two days before receiving abortion pills.
Campbell granted a preliminary injunction on April 21 on both restrictions while a trial plays out.
This reporting was made possible by a grant from the Corporation For Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
