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Medical abortions are administered using prescription medication rather than surgery.
In the second special session of 2013, the Texas Legislature passed HB 2. This bill added new restrictions to the use of abortion-inducing medication such as "the Mifeprex regimen, misoprostol (Cytotec), and methotrexate." Specifically, this bill added Subchapter D to the Woman's Right to Know Act.
After amendments in 2017 and 2021, this subchapter requires a physician to do the following in order to prescribe such medication:
After the Dobbs v. Jackson Women's Health Organization ruling, United States Attorney General Merrick Garland issued a statement that discussed medications used to induce abortions. He said:
In particular, the FDA has approved the use of the medication Mifepristone. States may not ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy.
Attorney General Garland is invoking the concept of "federal pre-emption" and the "Supremacy Clause" of the United States Constitution. This clause states that federal law and the federal Constitution are the "supreme law of the land." It is commonly understood that this means that federal law takes precedence over state laws.
Whether Texas will be able to ban medical abortions will likely need to be decided by the courts.