Idaho mulls deeming abortion pills controlled substances

BOISE — Idaho lawmakers this year will consider whether to classify two medications used to terminate pregnancies as controlled substances, a designation usually used for drugs with high risk of dependence or abuse.

Rep. Jordan Redman, R-Coeur d’Alene, presented a bill Tuesday to add mifepristone and misoprostol to a list of Schedule IV controlled substances, which is a category that also includes medications such as Xanax and Valium.

“Moving these drugs to Schedule IV means they get reported into the prescription drug monitoring program, so there’s more oversight to ensure they aren’t being abused by patients, prescribers or pharmacies,” Redman said. “To be clear, I fully support appropriate use of these drugs for medically necessary uses that don’t break Idaho law.”

Idaho law bans nearly all abortions except for narrow exemptions to prevent the death of the mother, and in cases of rape and incest if it is during the first trimester and when there is a police report.

The medications, which when used together are commonly used for inducing abortions, are currently only available with a prescription. Misoprostol is also considered an effective treatment of postpartum hemorrhaging, according to the American Academy of Family Physicians.

The federal Drug Enforcement Administration (DEA) sets classifications of substances into five categories, or schedules, “depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential,” according to the DEA website.

Schedule IV substances can only be dispensed with a valid prescription and cannot be filled or refilled more than six months after the date of prescription or refilled more than five times, unless renewed by a provider, under current state code.

Unlawfully manufacturing or delivering a Schedule IV substance is a felony punishable by up to three years in prison, up to a $10,000 fine, or both, under current code.

The House Health and Welfare Committee voted unanimously Tuesday to introduce the bill, which allows it to come back for a full hearing.

Rep. Josh Wheeler, R-Ammon, said when it returned for the hearing, he would want to know if this restriction would affect medical students.

Rep. Dori Healey, R-Boise, asked if additional monitoring would require additional staff. Redman responded that the monitoring system is already in place and it would go “along with their daily work.”

Louisiana last year became the first state to classify abortion pills as controlled substances. Doctors in the state have said that, while abortion is already severely limited in Louisiana, the reclassification could hamper other uses of the medication, such as management of miscarriage, childbirth as well as postpartum hemorrhage, NPR reported.

In response to the Louisiana law, the American College of Medical Toxicology issued a position statement that mifepristone and misoprostol should not be classified as “controlled dangerous substances.”

“When compared to the criteria for classification as a controlled dangerous substance, it is obvious neither medication meets the definition,” the statement said.

They also wrote that because controlled substances require special storage, ordering and documentation procedures, the reclassification could impact availability during an emergency situation.

Texas lawmakers introduced similar legislation in November, the Texas Tribune reported.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.