Does 2004 State Law Require Doctors to Prescribe Abortion Drug Only as Indicated in FDA Approval Letter?
Nancy H. Rogers, Ohio Attorney General, et al. v. Planned Parenthood Cincinnati Region et al., Case no. 2008-1234 U.S. Sixth Circuit Court of Appeals ISSUE: Does R.C. 2919.123, a 2004 state law that requires Ohio doctors to prescribe the abortion-inducing drug mifepristone (RU-486) “in accordance with all provisions of federal law” that govern use of the drug: a) prohibit physicians from prescribing the drug for any patient whose pregnancy has progressed beyond 49 days; and b) bar physicians from prescribing the drug in a different dosage or under a different protocol than the dosage and protocol set forth in the original U.S. Food and Drug Administration (FDA) letter approving the drug for medical use in this country? BACKGROUND: [NOTE: In this case, the Supreme Court of Ohio has not been asked to rule on the constitutionality of the state law in question, but only to interpret the language of that law and advise a federal court what limitations the statute places on Ohio physicians i
