BATON ROUGE, La. — A recent law in Louisiana that categorizes two popular abortion medications as “controlled dangerous substances” has sparked a lawsuit in state court. The plaintiffs, including a medical professional and a pharmacist, argue that this legislation could cause unnecessary and hazardous delays in medical treatment during emergencies.

Although Louisiana already had stringent restrictions on abortion services, including medication-based options, the new categorization of mifepristone and misoprostol took effect at the beginning of the month. Advocates of the law contend that increased regulation of these medications is necessary to prevent coerced abortions. They reference a high-profile case in Texas, where a pregnant woman was unknowingly given misoprostol by her husband, which led to the survival of her baby.

Medical professionals opposing the new law express concern that it could jeopardize the health of patients experiencing emergency situations, such as postpartum hemorrhaging. They highlight how additional procedural requirements could impede timely access to essential medications. According to the lawsuit, “Even short delays in accessing misoprostol can be life-threatening for postpartum hemorrhage patients.” The legal action claims that the law infringes upon the Louisiana Constitution by discriminating based on an individual’s physical circumstances.

Louisiana Attorney General Elizabeth Murrill stated that she had not reviewed the lawsuit as of Thursday afternoon. She emphasized her confidence in the law’s constitutionality and expressed a commitment to defending it vigorously. The lawsuit includes not only the physician and pharmacist—who is currently expecting—but also the Birthmark Doula Collective, a group specializing in pregnancy support and care.

Among the additional plaintiffs are Nancy Davis, a woman who left the state to obtain an abortion after learning her fetus would not survive, and another woman who alleges that she was denied care for a miscarriage at two different emergency rooms.

Before this law’s enactment, a prescription was already required to obtain mifepristone and misoprostol in Louisiana. However, the new legislation has classified these pills as “Schedule IV drugs,” placing them in the same legal category as the opioid tramadol and other addictive substances.

Under this new classification, possessing mifepristone or misoprostol without a valid prescription may result in penalties of up to $5,000 or incarceration for one to five years. However, the law does allow protections for pregnant women who choose to obtain these medications without a prescription for personal use.

This legislation is unprecedented in the United States. Although the law has received support from Governor Jeff Landry, many Republican lawmakers, and anti-abortion advocates, healthcare provider experts caution that it could lead to critical delays in healthcare access. Doctors have indicated that the revised classification imposes more complex procedures and stricter storage protocols, potentially complicating access to these drugs in emergencies. In addition to their use in abortions, these medications are also crucial for treating miscarriages, inducing labor, and controlling hemorrhaging.

Previously, some physicians had the flexibility to store misoprostol in various accessible locations within a hospital, such as a delivery table or even within a nurse’s pocket. However, with the new law, these medications may be required to be secured in locked cabinets further away, possibly located in an in-house pharmacy, especially in smaller healthcare facilities.