Biden FDA Lifts In-Person Dispensing Requirement for Mifepristone During COVID-19

The FDA announces it will exercise enforcement discretion and stop enforcing the in-person dispensing requirement of the mifepristone REMS during the COVID-19 public health emergency, allowing providers to prescribe the drug via telemedicine and dispense it by mail for the first time. The policy effectively creates mail-order mifepristone without formally modifying the REMS. Approximately 19 states immediately move to restrict mail dispensing under state law, creating a fragmented legal landscape. The emergency policy demonstrates that the in-person requirement functions as a policy lever rather than a safety necessity — removing it does not produce adverse outcomes, providing data advocates use to argue for permanent elimination.