Dr. Marty Makary, President Donald Trump’s nominee to lead the Food and Drug Administration (FDA), said on Thursday that he would review a Biden administration rule that allows patients to receive the abortion pill mifepristone without an in-person visit to a healthcare provider.
The Biden administration first suspended the in-person requirement in 2021 and made the change permanent in 2023. This policy allowed patients to access mifepristone through telemedicine, expanding availability.
Makary testified before the Senate Health, Education, Labor, and Pensions Committee as part of his confirmation process.
“I think it makes sense to review all available data,” Makary said when asked about the rule.
He noted that some obstetricians insist that mifepristone be taken under medical supervision. “Some OB doctors choose to have patients take the pill in their office to monitor them,” he explained. “Their concern is that if this drug falls into the wrong hands, it could be used for coercion.”
Since the Supreme Court overturned Roe v. Wade in 2022, many conservatives have targeted mifepristone, which is used in medication abortions. In 2022, the anti-abortion group Alliance for Hippocratic Medicine sued the FDA to revoke its approval of the drug. The Supreme Court later dismissed the case unanimously.
While the court upheld the drug’s approval, the FDA still has the authority to modify rules regarding patient access.
Sen. Josh Hawley, R-Mo., criticized the Biden administration for removing the in-person requirement, claiming there were no adequate studies to support the decision. He asked Makary whether it would make sense for the FDA to reinstate the old policy.
Democratic senators pushed back, arguing that extensive research has confirmed the drug’s safety. Mifepristone has been FDA-approved since 2000 and is the most common method for ending early pregnancies in the U.S.
Some Democrats also compared the pill’s safety profile to over-the-counter medications.
“If you’re reconsidering a drug that has been approved for decades, will you also review Tylenol?” Sen. Tammy Baldwin, D-Wis., asked. “Tylenol has serious side effects, including liver damage with daily use.”
During the hearing, lawmakers also questioned Makary about an FDA advisory committee meeting that was abruptly canceled. The meeting was supposed to decide which flu strains would be included in next season’s vaccine.
The Trump administration did not provide an explanation for the cancellation, which had been scheduled for the following week. Public health experts fear that the decision could affect flu vaccine supply.
Sen. Patty Murray, D-Wash., called the move “unprecedented and dangerous” and urged Makary to reschedule the meeting if confirmed as FDA commissioner.
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