According to an April 1 analysis by Alaska Legislative Attorney Conrad Gunther, House Bill 195 may, in fact, indirectly open the door for pharmacists to vastly expand chemical abortions across the state.

Responding to concerns by Rep. Jamie Allard (R-Eagle River), Conrad’s legal memo notes that under existing law, pharmacists have broad authority to dispense prescription drugs ordered by practitioners who are licensed to prescribe or administer the drugs, but pharmacists have “limited authority to prescribe and administer drugs themselves.”

The proposed bill would expand pharmacists’ authority to prescribe and administer drugs that are intended to achieve outcomes related to the cure, prevention or management of a disease, Gunther explained.

That said, a pharmacist would still need to “enter a collaborative practice agreement with a written protocol approved by a practitioner who is not a pharmacist,” Gunther explained.

“If that written protocol included prescribing or administering an abortion drug for one of the reasons described above, then the pharmacist would be permitted to prescribe or administer a drug that induces an abortion to a patient,” he added.

Gunther’s analysis does note that “all health care professionals must confine the care they provide to their scope of practice. I do not know if providing an abortion falls under the scope of practice of pharmacists.”

He then noted that current Alaska law requires that “abortions performed in the state must be performed by a physician licensed by the State Medical Board.”

That law, however, was deemed unconstitutional by a superior court judge, who claimed the restriction was “unconstitutional as applied to otherwise qualified medical clinicians.”

“More specifically, advance practice clinicians (APCs) sued the state and argued that their scope of practice includes providing abortions but that AS 18.16.010(a)(1) prohibits them from doing so,” Gunther explained. “In September 2024, a superior court judge issued an order agreeing with the APCs. The trial court entered an injunction that prohibits the state “from enforcing AS 18.16.010(a)(1) against otherwise qualified APCs whose scope of practice includes medication… abortion.”

Based on that ruling, which is currently being appealed to the Alaska Supreme Court, Gunther said House Bill 195 could eventually empower pharmacists to facilitate chemical abortions.

“If abortion care falls under the scope of practice of pharmacists and HB 195 gets enacted into law, pharmacists would likely make the same argument the APCs made in that case and argue that AS 18.16.010(a)(1) unconstitutionally prohibits them from practicing within their scope of practice,” he wrote.

The Alaska Supreme Court has almost always sided with pro-abortion arguments and has struck down nearly every pro-life law ever enacted. It is likely the high court will find that restricting abortion practice to physicians is unconstitutional. This, in turn, could then trigger an effort to expand abortion privileges to pharmacists, using the same reasoning.

TAKING ACTION

— At 1:30 p.m. on April 20, the Alaska House Finance Committee will hear public testimony on House Bill 195. To testify, call 907-586-9085 (Juneau), 907-563-9085 (Anchorage), or 844-586-9085 (all other locations). If testifiers call in around 1 p.m., they can get in line to give comments. Those who are unable to testify via phone can send emails to the House Finance Committee members by clicking here.

— Click here to contact Rep. Mike Prax, a Republican who claims to be pro-life but is sponsoring HB 195.

Click here to support Alaska Watchman reporting.