Certain members of the media, political organizations, candidates, and pro-abortion groups have attempted to create confusion regarding Louisiana's abortion laws for their own financial or political agendas. These organizations profit from the misinformation they spread.
In response, Attorney General Liz Murrill issued a statement clarifying these laws:
During the 2024 Regular Session, Louisiana State Senator Thomas Pressley’s sister Catherine Herring testified about her ex-husband’s attempts to terminate her pregnancy by lacing her drinks with abortion-inducing drugs at approximately eight weeks. She managed to save her pregnancy and gave birth to a daughter. The Legislature subsequently increased criminal penalties for such conduct and added Mifepristone and Misoprostol to the list of Schedule IV Controlled Substances in Louisiana. Herring's testimony highlighted that easy access to these drugs can endanger pregnant women and expose them to coercion, abuse, and criminal behavior.
This legislation does not limit healthcare providers' ability to use, prescribe, or fill these medications for legitimate health purposes nor does it impose restrictive burdens on emergency access. To further clarify this point, the Louisiana Department of Health (LDH) has issued additional guidance accessible online.
Providers who comply with LDH and Louisiana Pharmacy Board regulations will not face fines, adverse licensing actions, or prosecution. Murrill expressed appreciation for healthcare providers who have proactively prepared for the October 1, 2024 effective date of Act 246.
The term "secure" used by LDH is defined as “to relieve from exposure to danger: act to make safe against adverse contingencies,” according to Merriam-Webster. This term allows hospitals maximum flexibility in accessing these medications during emergencies without impeding access if they are stored safely.
Louisiana’s pro-life law aims to protect unborn babies from elective abortions while ensuring medical care for conditions such as ectopic pregnancies or miscarriages does not fall under the legal definition of abortion. These laws do not restrict ethical doctors from caring for mothers and their babies during emergencies.
Attorney General Murrill emphasized that nothing in Louisiana laws prevents doctors from providing necessary emergency care. Any refusal by hospitals or doctors to treat women experiencing miscarriages or ectopic pregnancies could constitute medical malpractice and violate federal law.
Physicians only violate Louisiana law if they intentionally take action to terminate a pregnancy knowing it will likely cause the death of the unborn child when it doesn't meet permissible procedure definitions. Accidental deaths resulting from medical treatment do not violate the law.
Act 246 stipulates that misoprostol and mifepristone should only be used under a licensed healthcare provider's care in Louisiana. Possession without a valid prescription is prohibited, as is distributing these drugs via illegal means such as through internet networks.
The Human Life Protection Act differentiates miscarriage management from elective abortions clearly stating procedures performed by physicians in cases of spontaneous miscarriage are not prohibited abortions. Terminations necessary to protect a mother's life are also legally permitted under reasonable medical judgment guidelines.
Ectopic pregnancies pose significant risks; thus their removal through surgery or medication like methotrexate is legal and not considered an abortion under state law.
Medical futility is addressed by allowing removal of an unborn child deemed medically futile based on certification by two qualified doctors if outside an emergency context. Institutions choosing not to provide this service are protected under law but must support mothers carrying life-limited diagnoses with resources and referrals where possible.
Birth control measures remain unaffected by these laws provided they are used according to manufacturer instructions before clinical pregnancy diagnosis occurs.
Attorney General Murrill reiterated her office's commitment towards improving maternal and infant care statewide while addressing any concerns raised by physicians regarding current regulations.
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