Legal Action to Protect Abortion Providers & Medication Abortion

On June 4, we asked the Natrona County District Court to stop enforcement of HB 164. See Memo for Preliminary Injunction. HB 164 protects medical providers from adverse action by their licensing boards for prescribing off-label, but specifically NOT for the purpose of abortion. The two abortion medications — mifepristone and misoprostol — are commonly and safely prescribed for off-label use.

As a result, HB 164 indirectly bans abortion medication by threatening physicians and pharmacists with disciplinary actions for prescribing off-label use.

We stressed that abortion medication has a long record of being very safe, including in Wyoming. It is also the most common and accessible  type of abortion in Wyoming, with no travel required.  And of course, abortion is much safer than carrying a pregnancy to term.

Currently, the on-label use for mifepristone is only up to 70 days post last menstrual cycle. However, studies and experience have demonstrated that it can be safely used at least up to 12 weeks.

Misoprostol is the second drug typically used in the abortion medication protocol. While misoprostol appears on the mifepristone label, its own label does not indicate abortion — or miscarriage — use. Additionally, misoprostol has been shown to be effective for abortion used on its own, without mifepristone. In fact, for some individuals, misoprostol alone is the appropriate prescription because for that individual there are contraindications for mifepristone use.

We anticipate a hearing on our motion to stop enforcement of HB 164 late June or early July. HB 164 takes effect on July 1, 2025.