Virtual Abortions: The Telehealth Implications of Overturning Roe v. Wade
The Overturning of Roe v Wade
On June 24th, 2022, Roe v. Wade was overturned by the United States Supreme Court. This decision removed federal protections for abortion, leaving the legality of abortion up to individual states. Telehealth services have become increasingly involved in providing abortion and other types of maternal care, particularly during the COVID-19 pandemic. Telehealth providers have been and will continue to be impacted by this decision, particularly in relation to virtual abortions.
Virtual Abortion
Virtual abortion, also called at-home abortion, refers to the practice of seeking an abortion via telehealth. Providers will generally prescribe patients two pills following an appointment which are most often sent by mail. These pills have been approved by the FDA for utilization only during the first 10 weeks of pregnancy, making them a form of early abortion. Studies have proven this practice to be safe and effective for patients – in one study, less than .02% of patients who had a virtual abortion suffered from any adverse effects. In another, researchers found that patients who had received virtual abortions reported higher levels of comfort with the procedures and similar levels of efficacy to in-person abortions – 99% of patients who received a telehealth abortion reported that the procedure was successful. Research suggests that virtual abortions are a safe and effective procedure in nearly all cases.
Because virtual abortion is a form of telehealth, it can provide increased access to patients who may have barriers that prevent them from being able to travel to seek care from a provider. Medication abortions have long been a common and effective type of abortion care, but prescribing pills virtually was only made widely legal in 2021 due to the COVID-19 pandemic. Like all forms of abortion, after the overturning of Roe v. Wade the legality of virtual abortions is now up to state law. Patients who previously could receive a virtual abortion within their home states may now have to travel out of state to meet with a provider either in-person or via telehealth.
Even prior to Roe v. Wade being overturned, 19 states had banned telehealth abortions within their borders. Now, additional states are expected to join that number as state legislatures react to the end of federal abortion protections. Other states have moved to provide protections on virtual abortions and telehealth abortion care, both for in-state and out-of-state patients. This includes strengthening telehealth privacy surrounding virtual abortions and increasing access for those seeking services. Of the states within the UMTRC service area, Indiana, Ohio, Illinois, and Michigan, only Illinois still allows virtual abortion with no restrictions. Telehealth providers in states that allow virtual abortion may see an influx of patients traveling to their state from surrounding states with more restrictive laws.
Future Implications
As legislation surrounding abortion continues to develop, telehealth will continue to be impacted. This will include the legality of virtual abortion, which will likely vary from state to state for the foreseeable future, as well as increased demand from providers in states that do allow abortion via telehealth. Providers and patients should keep themselves informed of the legality of abortion in the state they reside or practice in - the uneven access in different states will continue to have an impact on telehealth as well as on the healthcare landscape as a whole.
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