Regulatory and legal requirements for medical abortion

Laws governing abortion, including medical abortion, are different in each Australian state and territory. In most jurisdictions, first-trimester abortions are legal on request, although specific legal requirements vary1.

The mifepristone and misoprostol combination pack is available on the Pharmaceutical Benefits Scheme (PBS) for medical termination of an intrauterine pregnancy up to 63 days' (9 weeks') gestation. It can be prescribed by medical practitioners and (depending on state and territory legislation) nurse practitioners and authorised midwives on a PBS Authority prescription.

MS Health provides free online training2 but registration is not required to prescribe or dispense. This training is not mandatory but is strongly encouraged.

Consent for medical abortion must be obtained in accordance with state and territory legislation. Written consent is recommended and a template is available at the MS-2 Step website. Obtaining informed consent for medical abortion requires the prescribing practitioner to ensure the individual has a realistic expectation of what will happen and what symptoms require immediate medical attention. Individuals must receive a written outline of this information and details of how to access 24-hour emergency care. Urgent clinical assessment and emergency gynaecology admission must be available.

Informed consent requires the individual to understand that:

  • the expected effects include bleeding and pain during medical abortion
  • normal activities can continue between taking mifepristone and misoprostol (which is taken later) but the person will need to be at home resting with access to a toilet when the misoprostol is taken. Some individuals will be able to return to work the following day (depending on timing of the abortion and symptoms) but others will need an additional 1 to 2 days off work
  • complications are uncommon, but the individual needs to recognise when to seek help
  • a support person is recommended to be with the individual from the time misoprostol is taken until the heaviest bleeding has settled, to help access emergency treatment if required
  • once the medical abortion process has started, it is recommended that it is completed because misoprostol is a known teratogen
  • follow-up is important to ensure safety and to establish that the abortion is successful.
1 See the Children by Choice website for more detail.Return
2 Online training takes approximately 4 hours and is available at the MS-2 Step website. Return