January 25, 2023
PIERRE, S.D. (AP) — South Dakota Gov. Kristi Noem, along with the state’s Republican attorney general, said Tuesday the state will prosecute pharmacists who dispense abortion-inducing pills following a recent Food and Drug Administration rule change that broadens access to the pills.
The Republican governor and South Dakota Attorney General Marty Jackley released a letter to South Dakota pharmacists saying they are “subject to felony prosecution” if they procure or dispense abortion-inducing drugs. The state bans all abortions except to save the life of the pregnant person.
“South Dakota will continue to enforce all laws including those that respect and protect the lives of the unborn,” Noem and Jackley said in the letter.
The FDA earlier this month formally updated labeling for abortion pills to allow many more retail pharmacies to dispense them, so long as they complete a certification process.
The change could expand access at online pharmacies. People can get a prescription via telehealth consultation with a health professional and then receive the pills through the mail, where permitted by law.
Still, in states like South Dakota, the rule change’s impact has been blunted by laws limiting abortion broadly and the pills specifically. Legal experts foresee years of court battles over access to the pills as abortion-rights proponents bring test cases to challenge state restrictions.
Amanda Bacon, the director of the South Dakota Pharmacists Association, said in an email that she was not aware of any South Dakota pharmacies with plans to participate in the federal program to dispense abortion pills.