Trump admin rescinds Biden-era policy requiring abortion drugs in pharmacies 

Pharmacists are no longer required to offer chemical abortion drugs, a move the Department of Health and Human Services (HHS) says will protect rights of conscience and prevent federal funds from supporting abortion. 

HHS’ Office for Civil Rights (OCR) rescinded a Biden-era policy that required pharmacists to “stock or fill prescriptions for drugs that may be used as contraceptives and abortion,” treating refusals as potential discrimination. The Biden-era guidance asserted that “nondiscriminatory access to ‘reproductive health care’” was essential to protect the “rights of women and pregnant people.” 

In its rescission, announced Jan. 27, OCR said the policy was “vague and ambiguous,” could be “read as continuing to promote abortion” and conflicted with the Trump administration’s defense of conscience protections. 

“The 2023 Guidance could also be seen, in some cases, as requiring unwilling providers to participate in abortion, potentially contrary to federal protections against discrimination based on conscience,” OCR said. 

OCR also said the revoked policy conflicted with the Hyde Amendment, which “forbids the federal funding of elective abortion,” a restriction President Donald Trump reaffirmed in an executive order. 

Additionally, OCR said the guidance’s use of the term “pregnant person” was inconsistent with Trump’s executive order to restore “biological truth to the federal government.” 

“Accordingly, the term ‘pregnant person’ is unnecessarily broad since only women and girls can be pregnant,” OCR said. 

In reviewing the policy, OCR referenced litigation brought by the state of Texas, represented by Alliance Defending Freedom, against HHS during the Biden administration. 

“We are grateful to the Trump administration for rescinding Biden-era guidance that forced Americans to dispense abortion-inducing drugs against their conscience,” ADF Senior Counsel Matt Bowman said in a statement. “HHS’s decision will protect our former client and pharmacies around the country who are fully within their rights to decline to stock or dispense abortion drugs.”