Murrill said she had not yet seen the lawsuit, “but I am sure this law is constitutional,” she said in a text message relayed through a spokesperson. “We will defend it vigorously.”

Schilling said his team argues that the law violates the equal protection clause of the state constitution by discriminating against people based on their physical condition. People who need mifepristone and misoprostol (and those who order, prescribe, and fill the medications) are treated differently than people with similar medical conditions who need treatment with medications with the same low-risk profile, he explained.

“In some cases, such discrimination is life-threatening,” the lawsuit reads.

Schilling said that because the drugs do not have the potential to cause addiction and dependence, there is no justification for making them Schedule IV drugs under the new law.

The second argument the plaintiffs make is that the process to pass the law did not comply with the Louisiana Constitution because the drugs were reclassified through an amendment to a forced abortion bill. Article III of the Constitution prohibits any change to a bill that is not “consistent” with its original version.

“The original purpose of the legislation was to create a crime of forced abortion,” Schilling said, “that is, to criminalize people who provide an abortifacient drug to another person without their knowledge for the illegal purpose of causing an abortion without their consent. But the amendment regulates those medications when they are prescribed and used for a completely valid legal purpose that is not related to abortion.”

Some Louisiana Patients Struggle to Fill Reproductive Care Prescriptions Under New Drug Law

The amendments were “extremely problematic” because they were added late in the process, without any adequate research to analyze the potential impacts of the law, Schilling said. The amendments were added to the bill by state Sen. Thomas Pressly, R-Shreveport, during a meeting of the House criminal justice committee after it was approved by the Senate.

“Once introduced, the amendment was adopted by the committee in a matter of minutes and without any opportunity for the public or medical experts to weigh in on the appropriateness of such a drastic change to the bill or the Uniform Hazardous Substances Act. Controlled,” the lawsuit reads. .

Pressly declined to comment for this report.

The amendments sparked protests in Louisiana’s medical community, with nearly 300 doctors signing a letter against the measure. The bill was signed into law by Governor Jeff Landry in May and became Act 246.

Its impact has already been felt throughout the state. Hospitals have changed their protocol for how they handle medications now that they are controlled substances.

Misoprostol, which is often used to help stop or prevent postpartum hemorrhage, has been Obstetric hemorrhage carts started and stored outside labor and delivery rooms in locked, password-protected compartments like doctors carry out drills time what delays mean for bleeding patients. Outpatient reproductive care procedures have also been affected, as patients report having had difficulty filling prescriptions and local pharmacies change whether they dispense the medication.

“Act 246 harms patients who require misoprostol or mifepristone to treat their physical conditions, as well as medical professionals who seek to provide timely, appropriate, and compassionate care,” the lawsuit says.

Doctors fight to save women’s lives amid ‘confusion and anguish’ over new Louisiana law

In the lawsuit, the plaintiffs argue that postpartum hemorrhage is as “severe and dangerous as a gunshot wound,” but that medications such as epinephrine and lidocaine are available to treat gunshot wounds and are not designated as controlled dangerous substances.

The Birthmark Doula Collective is a more recent opponent of the law. The New Orleans-based organization offers its services during pregnancy, childbirth and after childbirth, with special attention to underserved communities. Louisiana is among the worst states in terms of maternal mortality and morbidity, and Black women are disproportionately at risk of dying from complications during childbirth.

While doulas cannot prescribe or administer misoprostol to their clients, the lawsuit claims that Birthmark is concerned that Act 246 will harm the quality of care for its clients. They are also concerned about how delays in access to misoprostol will increase the “trauma and danger of postpartum hemorrhage.”

“Birthmark’s clients are hindered from advocating for their own rights because patients, for example, cannot go to court to challenge a law while hemorrhaging,” the lawsuit says.

Nancy Davis and Kaitlyn Joshua have become advocates for reproductive health after being denied pregnancy care under Louisiana’s abortion ban.

After being diagnosed that her fetus was developing without a skull, Davis said she was denied care in Louisiana and had to travel to New York for an abortion.

When Joshua went to two Baton Rouge-area hospital emergency rooms bleeding from a miscarriage, she said she was denied care. Joshua shared her story on stage at the Democratic National Convention in August, and both she and Davis traveled across the country telling their story during Vice President Kamala Harris’ presidential campaign.

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Dr. Emily Holt, a New Orleans family physician, is suing on her own and on behalf of her patients. He recently opened his own clinic and had planned to dispense misoprostol and mifepristone on-site, but he does not have a controlled substances license.

In the lawsuit, Holt argues that “it will likely be costly and administratively burdensome for his small clinic to comply with the necessary protocols.”

Kaylee Self, a Shreveport pharmacist involved in the lawsuit, is filing the lawsuit on behalf of her company, her clients and as a pregnant woman. The lawsuit includes her concerns about delays in care should she need access to misoprostol during pregnancy or childbirth. As a pharmacist, Self-Claims Act 246 will force you to spend more time dealing with compliance and legal requirements rather than filling prescriptions for patients.

In an interview, Schilling said that because controlled substances are also closely monitored, this could have criminal consequences for patients who follow their treatment plans with a legal prescription. In particular, patients taking misoprostol to prevent ulcers take between 100 and 200 micrograms four times a day, an amount that could alert the patient to further visits.

“When it comes to any increase in criminalization, it (often) falls disproportionately on Black people and people of color, and Louisiana has a long history of that,” Schilling said.

This is a developing story that will be updated with reaction from the defendants in the lawsuit.