What does FDA's decision on abortion pills mean for Wisconsin?

MILWAUKEE (CBS 58) -- The Food and Drug Administration is now allowing certain retail pharmacies to dispense abortion pills directly to patients, but laws pertaining to abortion in Wisconsin are limiting the impact of the decision on the state.

The rule allows retail pharmacies to get certified through a Risk Evaluation and Mitigation Strategy (REMS) drug safety program in order to dispense the drugs Misoprostol and Mifepristone together to terminate a pregnancy. Many pharmacies already carry and dispense Misoprostol to treat things like ulcers. But the drug combined with Mifepristone can be used to end a pregnancy up to 11 weeks after the first day of the last menstrual period.

"I think the reason for this decision by the FDA is really to provide more access," Hashim Zaibak of Hayat Pharmacy told CBS 58.

In other states, the FDA decision allows patients to get the medication from pharmacies, instead of only being able to get it from clinics and physicians.

"And only prescriptions that go from this certified prescriber to this certified pharmacist can be dispensed," Zaibak explained.

But laws in Wisconsin, including its abortion ban from 1849, prevent pharmacies from being able to provide the pills to end a pregnancy.

"It's very tricky because we have to follow the federal law, the state law and then the FDA rules," Zaibak said.

"Unfortunately, for women and other people who can become pregnant in Wisconsin, this rule change is not likely to change access to abortion care," Mike Murray of Planned Parenthood of Wisconsin said.

Planned Parenthood said people in Wisconsin seeking abortions still have to navigate self-managed abortions -- through organizations like Plan C -- or travel out of state where abortion is legal.

"We are still making sure we are providing information and navigation support to patients that are trying to access that care," Murray said.

One effect the FDA rule impacting Mifepristone will have in Wisconsin is on treating miscarriages.

"With this ruling, doctors who are certified to prescribe can send the prescription to a pharmacy as they would any other prescription," Planned Parenthood's director of legal advocacy and services Michelle Velazquez said in a statement. "This will have a positive impact on the ability of those going through a miscarriage to obtain the medication."

The Pharmacy Society of Wisconsin said the following in a written statement to CBS 58:

• "Wisconsin state law prohibits abortion except in cases where it is necessary to save the life of the mother. Therefore, Wisconsin state law prohibits dispensing products such as mifepristone and misoprostol when used to induce a not-medically-necessary abortion. HOWEVER, these drugs may still be prescribed and dispensed when used for other indications (miscarriage, ulcers, Cushing syndrome, postpartum bleeding, etc.)."