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SPECIAL FEATURE

Ethical Care for Patients


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with Self-Managed
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Abortion After Roe


A review of the guidelines and laws that can help nurses make clear
decisions about care.

ABSTRACT: The 2022 Supreme Court decision leaving the regulation of abortion to the states is sure to
result in a complex regulatory environment for patients and nurses. In states where abortion is illegal,
patients may self-manage abortions using medications they obtain through the mail or by other means.
Nurses may care for these patients in multiple settings and may wonder about their own legal and ethical
obligations. This article reviews patient privacy as it relates to self-managed abortion, ethical reporting
requirements for nurses, and best practices for treating complications of self-managed abortion using
a harm reduction framework, with a focus on protecting patients’ rights. Recommendations for ethical
patient care are also provided.
Keywords: harm reduction, medication abortion, nursing ethics, reproductive rights, self-managed abor-
tion, social justice

I
n June 2022, the U.S. Supreme Court ruled in ods.3 As a result, as many as 39,000 women die an-
Dobbs v. Jackson Women’s Health Organization nually from unsafe abortions, although that number
that states may regulate the provision of abortion may be underestimated given the poor statistical
services,1 which could mean criminalizing abortion, ­reporting systems in some countries.3
including medication abortion. As a result, changing Individuals who follow World Health Organiza-
legal environments may create practice challenges tion (WHO) protocols to terminate their pregnancies
for nurses caring for patients presenting with mis- at up to 12 weeks’ gestation using mifepristone or
carriage or bleeding during early pregnancy. In letrozole plus misoprostol, or misoprostol alone, are
­areas where legal abortion is unavailable, people unlikely to need hospital care. (See WHO Medica-
may seek abortion pills to end their pregnancies tion Abortion Regimens at < 12 Weeks’ Gestation.3, 4)
without clinician involvement, a practice called These regimens are safe and effective; typically, no
self-managed abortion. additional medical care is needed beyond informa-
Telemedicine and mail-order pharmacies can tional support.3 Severe complications are extremely
provide medically safe and effective medications rare.3, 4
(mifepristone and misoprostol) to terminate early Some patients, though, may present to EDs or
pregnancies safely. Mail-order pharmacies often ambulatory settings with bleeding, pelvic pain, or
provide medications without clinician involvement, infection. These patients may require or desire clini-
and evidence to date demonstrates both the safety cians to complete the abortion or to manage symp-
and efficacy of this option.2 (See A Quick Guide to toms or complications. What then is the duty of the
Medication Abortion.) Individuals can also obtain nurse when the cause of early pregnancy complica-
misoprostol by visiting countries, such as Mexico, tions is either ambiguous or reported to result from
where it may be available over the counter. an attempt to end the pregnancy? Does this respon-
However, some pregnant people, lacking timely sibility change when abortion is criminalized in the
and legal access to abortion, resort to unsafe meth- state where the nurse practices?

38 AJN ▼ January 2023 ▼ Vol. 123, No. 1


By Laura Manns-James, PhD, CNM, WHNP-BC, CNE, FACNM,
Kelly Pfeifer, MD, and Mickey Gillmor-Kahn, MSN, CNM

ABORTION IN THE UNITED STATES Figure 1. You Have a Right to Privacy About Your Pregnancy
Approximately one in four women in the
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United States has an abortion in her life-


time.5 Most Americans who obtain an
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abortion (60%) are in their 20s, and 59%


of women who have had an abortion have
other children.6 Although people of all
ages, races, ethnicities, and incomes have
abortions, most (75%) are disproportion-
ately poor or low income.6 They are also
more likely to be Black, Indigenous, His-
panic, and other people of color4-8 due to a
lack of equitable access to high-quality re-
productive health services, resulting in a
higher burden of unintentional pregnancy.
Structural racism results in longstanding
inequities in maternal morbidity and mor-
tality that make continuing a pregnancy
to term more dangerous, particularly for
Black and Indigenous people.5 A recent
­estimate suggests that a nationwide total
abortion ban in the United States would
result in an increase in the lifetime risk
of death from all pregnancy-related causes
from 1 in 3,300 to 1 in 2,800 for all
women.9 For non-Hispanic Black women,
the risk would increase further, from 1 in
1,300 to 1 in 1,0009—three times that of
the general population.
In 2019, the latest year for which data
are available, the Centers for Disease Con-
trol and Prevention stated that 42.3% of
all reported abortions in the United States
were medication abortions (typically mife-
pristone followed by misoprostol) at nine
weeks’ or less gestation and 1.4% were
medication abortions at more than nine
weeks’ gestation.8 These figures do not in-
clude self-managed medication abortions For a full size, printable version of this poster, go to http://links.lww.com/AJN/A239.
that were not reported to a health system; HHS = Department of Health and Human Services; HIPAA = Health Insurance Portability
further, some jurisdictions do not report and Accountability Act.
medication versus other types of abortion. 8

Medication abortion as a proportion


of all ­abortions has risen steadily over time.10 The Laws that criminalize abortion have a long his-
increase ­accelerated in 2021, when the Food and tory of causing harm, particularly to those whose
Drug Administration began allowing telemedicine position within social hierarchies makes them vul-
prescribing of abortion medications in response nerable.12, 13 For this reason, many organizations
to the coronavirus pandemic. Medication abor- have publicly opposed making abortion illegal. In
tions are anticipated to increase in the future, its information series on sexual and reproductive
both despite and because of state-based changes health and rights, the UN Office of the High Com-
in the legality of abortion provision.10 Online re- missioner for Human Rights says, “Human rights
quests for self-managed abortion medications have bodies have repeatedly called for the decriminaliza-
increased since the Dobbs decision, particularly in tion of abortion in all circumstances.”14 The Ameri-
states that severely restrict legal abortion access.11 can College of Obstetricians and Gynecologists

AJN ▼ January 2023 ▼ Vol. 123, No. 1 39


HARMS OF REPORTING AND NURSING ETHICS
A Quick Guide to Medication Abortion Black people and other people of color have his-
Information on cost, and online or mail-order access. torically been disproportionately targeted for the
enforcement of laws governing behavior during
•• Plan C (www.plancpills.org) or For telemedicine, mail order, and pregnancy, such as drug use.25 This policing, which
referrals to services, visit Aid Access (https://aidaccess.org). often starts with reports to authorities by profes-
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•• Costs to patients of the medication abortion regimen of sionals, increases distrust in the medical system
­mifepristone and misoprostol vary, from about $100 to $500 and health care providers among communities of
per dose. Some services may offer a sliding scale.
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color.26 Moreover, clinician bias can influence re-


•• It usually takes four to eight days to receive the medications ­using porting decisions,27, 28 so laws criminalizing abortion
express shipping, although delivery can take as long as three weeks. or risky behaviors during pregnancy will almost
•• Mail-order pharmacies typically send one dose (one mifepristone certainly contribute to structural racism, health
tab and four misoprostol tabs); extra misoprostol may be needed disparities, and family disruption29 unless clinicians
at or over nine weeks’ gestation. keep health information private.
There is no reason for clinicians to use a decision to
terminate a pregnancy as grounds to report ­patients
(ACOG) opposes the criminalization of self-managed to CPS, since self-managed abortions do not endan-
and clinician-assisted abortion, as do the National ger children in the home. Similarly, minors who use
League for Nursing, Nurse Practitioners in Women’s mifepristone and misoprostol to self-manage an
Health, American College of Nurse-Midwives, and abortion are not a danger to themselves or others.4
Association of Women’s Health, Obstetric and Neo- The American Nurses Association (ANA) Code
natal Nurses.15-19 More than 70 other health care or- of Ethics for Nurses with Interpretive Statements30
ganizations have affirmed safe, legal abortion as an may help guide ethical decision-making for nurses
essential element of reproductive health care.20 who care for patients presenting for abortion-­
related health care, particularly in jurisdictions
ABORTION AND PATIENT PRIVACY where the provision of abortion services is prohib-
The Health Insurance Portability and Accountabil- ited or restricted. Provisions 1, 3, 4, and 8 are par-
ity Act of 1996 (HIPAA), developed by the U.S. ticularly relevant to nursing practice involving
Department of Health and Human Services (HHS) pregnant patients in these jurisdictions.
Office for Civil Rights, requires respect for the pri- Provision 1 speaks to the rights of patients to
vacy and confidentiality of people deciding to self- self-determination and to be cared for in accor-
manage abortion or receive telemedicine services.21 dance with their values. Patients have the “right to
This means that nurses may risk penalties for HIPAA determine what will be done with and to their own
violations if they report suspected or patient-­ person,”30 and a nurse must respect patient deci-
disclosed attempts at abortion to law enforcement, sions even when those decisions may conflict with
state agencies charged with the prevention of child the nurse’s own values. The Code of Ethics does not
abuse (such as child protective services [CPS]), or require support for or agreement with patient deci-
any other individual or entity not designated by the sions but does require nurses to establish a relation-
patient, in the absence of a court order or ­subpoena. ship of trust, setting aside biases and prejudice.
As of November 2022, no state required the Provision 3 establishes the duty of the nurse to
­reporting of people who attempt to end their own protect and advocate for the rights, health, and
pregnancies.22 However, even before the Dobbs rul- safety of the patient, including the right to privacy
ing, individuals in several states had been investi- and confidentiality.30 The Code of Ethics explicitly
gated owing to suspicions that they attempted to acknowledges the damage to the nurse–patient re-
terminate their own pregnancies.23 Between 2000 lationship that can result from a breach of confi-
and 2020, at least 61 people were criminally inves- dentiality, resulting in loss of patient trust and
tigated because of allegations that they either ended jeopardizing patient well-being. However, the duty
their own pregnancies or helped someone else to to protect confidential information may be limited,
do so.24 Of those 61, 39% were reported to author- such as when disclosure is legally mandated due to
ities by health care providers and another 6% by public safety or health considerations.
social workers. Most (56%) were poor, and people Provision 4 establishes that nurses are account-
of color were overrepresented. Prosecutors used able for their own conduct, though institutions may
criminal statutes such as concealment of birth, child at times share responsibility.30
abuse and assault, and homicide to charge alleged Provision 8 explicates a duty of the nurse to “ad-
offenders, and homicide charges were twice as vance health and human rights and reduce dispari-
likely to be brought against racially minoritized ties” by collaborating “with others to change unjust
defendants. Of the 61 cases on record, 87% resulted structures and processes that affect both individuals
in arrest.24 and communities.”30

40 AJN ▼ January 2023 ▼ Vol. 123, No. 1


None of these provisions include a duty to partic- threat to the health or safety of a person or the pub-
ipate actively in providing abortions or pregnancy lic.”21 This act is also contrary to professional ethical
terminations; provision 5.3 allows for the exercise standards, would violate the integrity of the nurse–
of conscience by individual nurses.30 In nonemergent patient relationship, and could harm the patient.
contexts, nurses may decline to participate in care to Reporting to CPS. Suspicion of abortion should
which they morally object.30 Provision 5 does not, not be a reason to contact a CPS agency, for these
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however, give nurses the right to decline to partici- reasons:


pate in emergent care or to break patient confiden- • Historical precedent suggests that such reporting
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tiality, nor does it supersede patient rights or duties will disproportionately disrupt racially minori-
to the patient. tized families and children. For instance, despite
similar rates of substance use, Black women are
ETHICAL REPORTING REQUIREMENTS FOR NURSES more likely to be reported to CPS agencies than
Legal and ethical indications for reporting are rare, White women,32 and more likely to have parental
and the ANA Code of Ethics and federal law should rights terminated.33 Indigenous children are most
inform nursing practice in the following instances. at risk for legal separation from their parents.33
Reporting suspicion of induced abortion to law • There is no evidence that a minor patient or an
enforcement. Unless state law explicitly requires it, adult patient’s children are at any risk solely due to
nurses should not proactively report suspicion of the patient’s decision to end a pregnancy through
abortion to law enforcement. Nurses should not re- self-managed abortion. To the contrary, many
lease protected health information (PHI) to law en- people ending a pregnancy do so to be better able
forcement or any other non-treating provider or to care for the children they have.34 The five-year
agency without a subpoena or court order (in which Turnaway Study, which followed 813 women
case the PHI released must be restricted to the PHI re- who presented for abortion, found negative effects
quested). Disclosing PHI outside of these limited cir- on the children of women who were denied an
cumstances is a HIPAA violation and puts the abortion, including poorer maternal–child bond-
nurse and the hospital at risk for fines and ­penalties.21 ing, greater economic insecurity, greater exposure
The following are real-world examples.21 to interpersonal violence, and a nearly fourfold
• A law enforcement official goes to an ED and greater risk of growing up in poverty.35, 36
requests records of pregnancy outcomes for ED
patients. Unless the request includes a court or-
der or other legally enforceable mandate, the
HIPAA “privacy rule” does not permit the ED WHO Medication Abortion Regimens at < 12
to disclose the records or other PHI. Disclosure Weeks’ Gestation3
without a legal mandate is considered a breach
of unsecured PHI and requires formally notify- Recommended regimens.a
ing both HHS and the patient. Mifepristone + misoprostol:
• A law enforcement official presents an ED with a •• 200-mg mifepristone administered orally, followed 1–2 days later
court order requiring the release of PHI about a par- by 800-mcg misoprostol administered vaginally, sublingually, or
ticular patient. Only the PHI expressly contained buccally
in the court order may be disclosed by the ED. •• Minimum recommended time between administration of
Reporting intent to terminate a pregnancy. mifepristone and misoprostol is 24 hoursb
­According to ACOG, it is inconsistent with profes- •• Repeat misoprostol doses if necessary
sional standards of ethical conduct to disclose PHI •• More effective than misoprostol alone
about an individual’s plans regarding contraception
or pregnancy outcomes to law enforcement or oth- Misoprostol alone:
ers.15 The ANA specifically affirms the right to pri- •• 800-mcg misoprostol administered vaginally, sublingually,
vacy for individually identifiable health information, or buccally
including oral reporting, in all treatment settings and •• Repeat misoprostol doses if necessary
venues; use or disclosure of this information is pro- •• Less effective than combined regimen
hibited unless required by law.31
A real-world example: In a state that bans abortion, Suggested regimen.c,  d
a patient informs the nurse that she’s planning to go •• Letrozole 10 mg orally daily for 3 days, then misoprostol 800 mcg
out of state to secure an abortion. The nurse believes sublingually on day 4
it appropriate to report the patient’s plan to the po-
lice, to prevent the abortion. However, the HIPAA
a
Recommended for self-management.
b
High efficacy was achieved when mifepristone and misoprostol were administered ≤ 8 hours
privacy rule forbids this disclosure of PHI because apart in two studies.4
the HHS doesn’t consider a statement of intent to c
Not yet studied for self-management.
terminate a pregnancy a “serious and imminent d
May be effective up to 14 weeks’ gestation.

AJN ▼ January 2023 ▼ Vol. 123, No. 1 41


• Women who were able to access abortion in the and contraception. Fortunately, our professional so-
Turnaway Study were three times more likely to cieties provide clear principles to guide our actions
be employed, less likely to need public assistance, in this complex and changing environment. The fol-
and less likely to stay in abusive relationships.35, 36 lowing recommendations for nurses who treat pa-
A real-world example: A patient in a state that tients with self-managed medication abortion are
bans abortion claims she is having a miscarriage, supported by current evidence and guidelines.
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but the nurse thinks the patient may have caused Take a harm reduction approach. Nurses treat
the miscarriage by using abortion medications. The many conditions created by illegal or extralegal be-
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nurse wants to report this patient to his county CPS havior that leads to ED visits, such as use of alcohol
agency because he believes the fetus was harmed by minors, illegal drug use, or car accidents caused
through the mother’s actions. As stated above, re- by excessive speed. None of these are mandated to
gardless of the nurse’s personal beliefs, HIPAA does report to law enforcement. All require nonjudgmen-
not permit release of PHI to government agencies tal, compassionate care to preserve the patient’s
such as CPS, as pregnancy termination is not con- trusting relationship with the nurse.
sidered a CPS-reportable issue. Manage abnormal bleeding as you would spon-
taneous miscarriage,4 keeping in mind that the emo-
EVIDENCE-BASED RECOMMENDATIONS FOR NURSES tional support needs of the patient with self-managed
Nurses come to work with a wide range of personal, medication abortion may vary significantly. Because
religious, and spiritual beliefs regarding pregnancy bleeding in early pregnancy can have multiple causes,
keep initial interview questions open ended so the
patient can describe their situation in their own words
Figure 2. After Roe v. Wade: What Should Nurses Do? and manage information disclosure; seek informa-
tion only to the extent that management decisions
may be affected, and support needs determined.4
Treatment may include uterotonic medications
(such as misoprostol) or procedural interventions
(dilation and aspiration and/or curettage).37 As with
miscarriage, the presence of uterine debris on ultra-
sound only requires medical intervention if the pa-
tient is having severe pain or hemorrhaging.38 If the
symptoms indicate unsafe methods of self-managed
abortion, such as toxic ingestion or self-instrumen-
tation, management proceeds based on the cause of
the symptoms.39 The WHO recommends against the
use of anti-D immunoglobulin—also called rho(D)
or RhoGAM—at less than 12 weeks’ gestation.3
Consider whether to document evidence of self-
managed abortion. Carefully weigh documenting
in the health record the use of mifepristone, letro-
zole, or misoprostol to bring about abortion, or the
presence of any medications found in the vaginal
vault. This information is usually unnecessary for
care; recording it may cause significant harm.4
Documenting evidence of self-managed abortion
may lead to delays in care, stigma, or inappropriate
release of medical information to law enforcement
by other members of the health care team.
Ensure patients are aware of their options when
fetal cardiac motion is present and the pregnant per-
son’s health or life is at risk. These situations may include
ectopic pregnancy, when urgent intervention is the
standard of care, as the risk of expectant manage-
ment (wait and see approach) can be tubal rupture,
hemorrhage, and death; inevitable miscarriage due to
medications or spontaneous abortion, where a dilated
For a full size, printable version of this poster, go to http://links.lww.com/ cervix may require intervention to prevent infection
AJN/A240. HIPAA = Health Insurance Portability and Accountability Act; and sepsis; and individualized significant health
PHI = protected health information. problems that can be resolved or ameliorated only

42 AJN ▼ January 2023 ▼ Vol. 123, No. 1


by terminating the pregnancy (such as obstetrical
sepsis, severe early preeclampsia or HELLP [hemoly- If You Have Questions About . . .
sis, elevated liver enzymes, low platelets] syndrome).
Ensure patients receive an examination and/or •• State laws related to reproductive rights:
treatment in hospital emergency settings. Under the https://reproductiverights.org/maps/abortion-laws-by-state
federal Emergency Medical Treatment and Labor •• Filing a complaint related to violation of privacy:
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Act (EMTALA), when a pregnant patient presents https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf


to an ED and requests examination or treatment, •• Legal rights related to self-managed abortion or other
pregnancy termination services:
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the hospital must either provide stabilizing treat-


ment or transfer the patient to another capable hos- www.reprolegalhelpline.org
pital that can. In guidance released in July 2022 and •• Evidence-based clinical recommendations on comprehensive
updated in October, the Centers for Medicare and abortion care:
Medicaid Services (CMS) clarified that EMTALA www.ipas.org/clinical-update/english/introduction
requirements preempt state laws and mandates that •• Federal privacy protections:
apply to specific procedures.40 (Active litigation inter- www.hhs.gov/about/news/2022/08/26/hhs-takes-action-
preting the enforceability of the EMTALA guidance is strengthen-access-reproductive-health-care-including-abortion-
ongoing.) Appropriate emergency care must be pro- care.html
vided by physicians and hospital staff regardless of
state abortion bans and restrictions.
Refer patients who need legal advice to resources their values and those of their patients but are
such as If/When/How (www.ifwhenhow.org), a legal ­legally prohibited from doing so. Moral injury can
helpline for people who need information about their occur when nurses are placed in a situation where
rights and self-managed abortion or other pregnancy it is impossible or nearly impossible to act in a way
termination services (see Figure 1). that’s consistent with their moral values.41 This is
Be aware of any harmful action or practice that ­especially true when following the law may lead to
disproportionately affects racially minoritized and patient harm.
other vulnerable individuals due to biases in report- Historically, “conscience clauses” have allowed
ing and justice system/child welfare system treat- nurses to opt out of providing nonemergency care
ment. Endeavor to reduce disparities and promote when doing so would cause moral compromise. Nurs-
social justice. Specifically, maintain patient privacy ing ethicists should urgently address the inevitable
and avoid any reporting to law enforcement or CPS moral dilemmas nurses will face when they practice in
agencies that is not specifically mandated by law states that criminalize abortion, where participation in
(see Figure 2). necessary health care is prohibited even when it could
preserve health and lives. People need access to safe,
IMPLICATIONS FOR NURSING PRACTICE legal abortion when pregnancy threatens their fu-
Nurses approach caregiving using personal codes of tures, health, or lives or when pregnancy termina-
ethics and moral commitments, and these may sus- tion can reduce otherwise inevitable suffering. ▼
tain us in difficult situations. However, given that
religious and spiritual views on reproductive health Laura Manns-James is an associate professor and Mickey Gillmor-
Kahn is course faculty in the Department of Midwifery and Wom-
vary dramatically, nurses must turn to the ANA Code en’s Health, Frontier Nursing University, Versailles, KY. Kelly Pfeifer
of Ethics for guidance. The Code of Ethics provides is an abortion provider in Kansas, Arizona, and California, and an
important principles to guide practice and behavior, abortion policy advocate and consultant. The authors acknowledge
Gail Spake for editorial assistance, Kiernan Cobb, BSN, RN, for
and recent federal directives from the HHS have creating the two featured posters, and Christina Bourne, MD,
clarified federal privacy protections, which super- MPH, Kiernan Cobb, BSN, RN, Jessica Gelsomino, MSN, RN,
sede state law. and Dhalbir Khalsa, MA, PA-C, for providing helpful early
­reviews of the manuscript. Contact author: Laura Manns-James,
Most important, in our care of patients, nurses laura.manns-james@frontier.edu. The authors have disclosed no
should do no harm. Reporting patients to law en- potential conflicts of interest, financial or otherwise.
forcement can have devastating and lasting effects,
including disrupting healthy, intact families and pre- REFERENCES
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44 AJN ▼ January 2023 ▼ Vol. 123, No. 1

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