Community News

Dr. Amy Bryant, a physician, filed a case in U.S. District Court in January to enable her to continue to prescribe abortion medicine to her patients in the face of the recent North Carolina state law that restricts dispensing these pills. In spite of this, the North Carolina Attorney General Josh Stein says that will not defend the new state law in court because he feels that the state restrictions are preempted by federal regulations that permit access to the pills. This is a battle between the federal legislature that gave authority to the U.S. Food & Drug Administration (FDA) to regulate the FDA-approved drug and the N.C. state legislature. The N.C. law mandates that the abortion medicine can only be dispensed in-person following a 72-hour waiting period and after the patient receives state-mandated counseling and in some cases an ultrasound. The FDA-approved abortion medicine mifepristone was approved by the FDA in 2000 to end pregnancy when used with misoprostol, a second prescription medicine, that is used to expel the embryo or fetus. These medicines have been approved for use up to the 10^th week of pregnancy. The FDA no longer requires that the pill be dispensed in-person. The medicine can be dispensed in the mail or picked up at a pharmacy.

On March 17^th, Wyoming became the first state to ban abortion pills except for “natural miscarriages.” Sarah Boyce, general counsel at the Department of Justice for N.C. wrote, “The FDA has determined that restrictions like the ones imposed under North Carolina state law would unduly burden patients’ access to a safe and effective drug.”

Nineteen states, including North Carolina, have recently passed laws that control how, when and where physicians can prescribe and dispense abortion drugs. This is significant because there were more medically-induced abortions in the United States and in North Carolina than abortions via surgical procedures. The influx of new state laws has occurred since the United States Supreme Court decided that a woman does not have a constitutional right to abortion and turned decision-making over women’s reproductive rights to the states, 9 months ago. The Supreme Court reversed Roe v. Wade, by a 6-3 vote, which had been a nationwide law since 1973.

Last week, legal arguments began in a lawsuit that threatens access to the FDA-approved medicine mifepristone. The lawsuit challenges the legality of the abortion medicine. The challenge was filed by the same group that helped overturn Roe v. Wade. It has been assigned to a U.S. District Court in Texas to a judge appointed by former President Donald Trump. The U.S. Department of Justice is representing the FDA. This federal court ruling can have nationwide implications regardless of the legality of abortion within a particular state.

U.S. Court Judge Matthew Kacsmaryk, the judge overseeing the trial, has decided that he would delay putting this case on the public docket, essentially closing the case to media scrutiny, to reduce the risks of threats and protests. This decision is in contrast to the usual openness and transparency in federal court proceedings which is felt to be the keystone of the American judicial system. The U.S. Marshals Service has historically provided successful security during many potentially threatening cases.

David Cohen, a law professor at Drexel law school, said “Courts are supposed to be open to the public, or only in extraordinary circumstances do you seal documents or hide a hearing.”

Listen to the full report below:

Contact: Dr. Dick Needleman, Health reporter, 103.3 AshevilleFM, [email protected]

The North Carolina Senate passed HB 76 on March 15^th by a 44-2 vote. Following Senate approval, the bill returns to the House for consideration of the Senate version of the bill on March 22^nd. The Senate added a provision to lessen some of the Certificate-of-Need (CON) restrictions. The state CON laws require state health regulators to review and authorize new health care facilities and certain medical equipment. This can prevent the addition of unnecessary and duplicate services in a community. On March 2^nd, state congressional leaders from each chamber, House speaker Tim Moore (R-Cleveland) and Senate President pro tem Phil Berger (R-Rockingham) held a joint news conference to announce their mutual support for the bill before it was sent to the Senate. It is likely that the latest HB 76 version will pass the House vote. Then it can be sent to Democratic Governor Roy Cooper, a strong supporter of ME, for his signature.

If HB 76 is approved by both chambers, then this would make North Carolina the 40^th state to expand Medicaid. North Carolina is now one of 11 states that have not expanded Medicaid as recommended in the Affordable Care Act of 2010 and left to each state to decide in a subsequent Supreme Court ruling. Expanding Medicaid will enable six hundred thousand under-resourced North Carolinians to have access to health care including almost 17 thousand people from Buncombe County.

The bill is tied directly to the 2023-24 state budget. The budget must be signed by June 30^th or funding for HB 76 will expire. It is projected that the budget will pass the legislature this summer.

Following the joint congressional leaders’ news conference, Governor Cooper said that their agreement “is a monumental step that will save lives and I commend the hard work that got us here.”

Listen to the full report below:

Contact: Dr. Dick Needleman, Health reporter, 103.3 AshevilleFM, [email protected]

The CDC reports that the community level for Buncombe County remains at a low level for the week ending March 14^th. Every county in North Carolina has been low for the past 2 weeks. 90% of the counties in the U.S. are at a low level with less than 1% at a high level.

The Buncombe County COVID-19 metrics are on the North Carolina COVID Dashboard. Data from the week ending on March 11^th indicate:

• Last week’s total cases are down by 3 from the previous week to the lowest level since July 10, 2021, about 19 months
• 68% of the total population have received their initial vaccination series.
• 32% of people with their initial vaccination series have had the updated booster.
• The seven-day daily average of COVID-19 hospitalizations has decreased by 8 and of ICU patients has increased by 1 from last week.

An updated COVID-19 booster is now available for eligible persons 6 months and older. It is more effective at protecting against severe illness and death from the new variants.

The Department of Health and Human Services recommends:

• Stay up-to-date with COVID-19 vaccines and the updated booster.
• People with any COVID symptoms should get tested
• People who are positive for COVID-19 or do not feel well should stay home

For a county at a low community level, like Buncombe County, the CDC recommends:

• If you are at high risk for getting sick, wear a high-quality mask in a public indoors space.
• If you plan on being with someone at high risk for getting sick, consider self-testing for COVID-19 infection and wear a high-quality mask when indoors with them.

Listen to the full report below:

Contact: Dr. Dick Needleman, Health reporter, 103.3 AshevilleFM, [email protected]