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As the 89th Legislative Session approaches in January 2025, Texas lawmakers have introduced legislation aimed at restricting access to abortion-inducing medications. House Bill 1339 (HB 1339), filed by State Rep. Pat Curry (R-Waco), and House Bill 1636 (HB 1636), filed by State Rep. Tom Oliverson (R-Cypress), propose designating mifepristone and misoprostol as Schedule IV controlled substances under the Texas Controlled Substances Act. These drugs relate to medication-induced abortions, and if passed, the legislation would impose new criminal penalties for unauthorized possession, use, or distribution.
Mifepristone works by blocking progesterone, a hormone necessary to sustain pregnancy, while misoprostol induces uterine contractions to complete the process. Together, they are the most commonly used medications for abortions during the first trimester. Under these bills, stricter oversight would require that mifepristone and misoprostol be prescribed and dispensed under the same rules as other controlled substances, making it harder for individuals or organizations to bypass existing Texas abortion laws.
The Legislative Push and Its Goals
State Rep. Pat Curry filed HB 1339 shortly after pre-filing began for the upcoming session, with State Rep. Tom Oliverson following a month later with HB 1636. Both bills reflect a legislative push to limit further abortion access by targeting medication-induced abortions, which have become a focal point in the post-Roe landscape.
In response to the legislation being filed, Dr. John Seago, the President of Texas Right to Life, commented,
“Since abortion has been outlawed in Texas, pro-abortion forces across the country have been developing new tactics and strategies to traffick and mail abortion drugs into our state. This is deadly for Texas babies and extremely dangerous for their mothers. We appreciate Dr. Oliverson and the other pro-life legislators who were looking to fight back against these new deadly business models.”
Source: Statement by Dr. John Seago, President of Texas Right to Life, 12.16.2024
What Does Schedule IV Designation Mean?
Under Texas law, Schedule IV drugs are those with a low potential for abuse but are still regulated due to their effects or medical necessity. If mifepristone and misoprostol are classified as Schedule IV controlled substances, the legislation will require physicians, pharmacists, and patients to comply with stricter oversight, including prescription regulations and reporting mandates. Violations, including unauthorized prescribing, possession, or distribution, would carry criminal penalties.
The classification aligns with Texas’ broader strategy to restrict abortion services, building on the 2021 passage of Senate Bill 8 (the Texas Heartbeat Act), which banned most abortions after six weeks. Unlike SB 8, which primarily focused on procedural abortions, HB 1339 and HB 1636 directly target access to medications that make abortion possible without surgery.
Texas’ Lawsuit Against Out-of-State Providers
The proposed legislation comes on the heels of high-profile legal action against out-of-state abortion pill providers. Texas Attorney General Ken Paxton (R) recently filed a lawsuit against Dr. Margaret Daley Carpenter, a New York-based physician accused of illegally prescribing abortion pills to Texas residents through telemedicine. The lawsuit claims Dr. Carpenter mailed mifepristone and misoprostol to patients without holding a Texas medical license, resulting in serious complications for at least one patient in Collin County.
In a press release, Attorney General Paxton emphasized the state’s position:
“In this case, an out-of-state doctor violated the law and caused serious harm to this patient. This doctor prescribed abortion-inducing drugs–unauthorized, over telemedicine–causing her patient to end up in the hospital with serious complications. In Texas, we treasure the health and lives of mothers and babies, and this is why out-of-state doctors may not illegally and dangerously prescribe abortion-inducing drugs to Texas residents.”
Source: Press Release by Texas Attorney General Ken Paxton (R), 12.13.2024
The lawsuit seeks civil penalties of $100,000 per violation and an injunction to stop further unauthorized distribution. This legal battle underscores the challenges Texas faces in curbing out-of-state and telemedicine-based abortion services. Bills like HB 1339 and HB 1636 seek to reinforce these legal efforts by explicitly criminalizing unauthorized possession and distribution of mifepristone and misoprostol.
Conclusion: Texas Continues to Tighten Abortion Regulations
House Bills 1339 and 1636 mark the latest effort by Texas lawmakers to restrict abortion access by targeting medication-induced procedures. By classifying mifepristone and misoprostol as Schedule IV controlled substances, the bills aim to strengthen state oversight and impose new criminal penalties for unauthorized use. These measures are part of a broader legal and legislative strategy, exemplified by Texas’ ongoing lawsuit against out-of-state providers like Dr. Margaret Carpenter.
As the 89th Legislative Session approaches, these bills are likely to take center stage in Texas’ continued efforts to regulate abortion at every level.
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