Professional Documents
Culture Documents
with Self-Managed
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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?
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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•• 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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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.
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