A new report released on Tuesday, known as the #WeCount survey, revealed that thousands of women in states with abortion bans and restrictions are receiving abortion pills in the mail from states that have laws protecting prescribers. The survey showed that about 8,000 women a month in states with severe restrictions on abortion or limits on telehealth were getting the pills by mail by the end of 2023. Additionally, an additional 8,000 women in states without bans or major restrictions on telehealth abortion were receiving pills each month through virtual appointments. Overall, the survey counted about 90,000 monthly surgical or medication abortions offered by medical providers in 2023, which was higher than the previous year.

Providers in states with protections were found to be prescribing pills to about 6,000 women a month in states where abortion was banned at all stages of pregnancy or once cardiac activity can be detected – often before women realize they’re pregnant. The prescriptions were also going to about 2,000 women a month in states where local laws limit abortion pill prescriptions by telemedicine. The rise of medication abortions, which typically involve a combination of two drugs – mifepristone and misoprostol, contributed to the increase in total abortion numbers even after the Supreme Court overturned Roe v. Wade in 2022.

A Pew Research Center poll conducted in April found that a majority of Americans believe that medication abortion should be legal in their states. Even after many Republican-controlled states implemented abortion bans, Democratic-controlled states adopted laws to protect individuals from investigations related to abortion-related crimes in other states. By the end of last year, five states had implemented such protections specifically for abortion pill prescriptions by telemedicine. These shield laws were seen as critical for ensuring abortion access in those states and making doctors and providers feel safe and protected.

The effectiveness of shield laws in protecting providers and patients in states with abortion bans has not yet been tested in court. While supporters of abortion rights believe these laws are essential for ensuring access to safe abortion care, opponents argue that the laws could lead to legal challenges. Before the shield laws were in place, individuals were obtaining abortion pills from sources outside the formal medical system, but the exact numbers are unclear. As more shield laws are implemented, it is hoped that the healthcare system will become more resilient in providing abortion care to those who need it.

Overall, the #WeCount report sheds light on the increasing use of medication abortions and the role of telehealth in providing abortion care, especially in states with restrictive abortion laws. The report highlights the importance of laws protecting prescribers in ensuring access to safe and legal abortion care for women across the United States. As the landscape of abortion laws continues to evolve, it remains crucial to advocate for policies that protect reproductive rights and ensure access to comprehensive healthcare for all individuals.

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