Plan B and other emergency contraceptives, including a separate medication called “Ella” that helps prevent pregnancy within 72 hours after having unprotected sex, are legal in Texas.

These contraceptives are not the same as “medicated abortion pills.” This is where the confusion arises about which medications are legal.

Texas’s strict abortion laws do not affect your access to emergency contraception, but these laws could make it more difficult to obtain.

Plan B is Legal in Texas

The state’s strict abortion restrictions have led to uncertainty about which types of contraception are illegal, and the use of contraceptive pills has been declining. Reports from the American Medical Association show that demand is down by 47% due to concerns about the pills’ legality. 

Some of this confusion is due to state lawmakers’ efforts in 2023 to criminalize “morning-after pills” with State House Bill 2709. Still, the measure died in committee, and Plan B remains legal.

Even Texas Gov. Greg Abbott has offered support in the past for Plan B, calling it a key protection for rape victims in Texas.

“We want to support those victims, but also those victims can access health care immediately, as well as to report it,” Abbott said in 2022. “By accessing health care immediately, they can get the Plan B pill that can prevent a pregnancy from occurring in the first place.”

Emergency Contraceptives vs. Medicated Abortion Pills: Key Differences

	Plan B	Ella	Medicated abortion pills
Legal status	Legal in Texas	Legal in Texas	Not legal in Texas
Cost	$11 to $50	$50, but may be less if covered by your insurance	Up to $800, but typically less
Medications	Levonorgestrel	Ulipristal Acetate	Mifepristone and Misoprostol
Prescription required?	No	Yes	Yes
How to use it	Must be taken within 72 hours of unprotected sex	Must be taken within five days of unprotected sex	First, you’ll take the mifepristone, which blocks your body’s progesterone. You can take the misoprostol immediately or up to 48 hours later
Efficacy	89%	85%	94% to 98%
Warnings	It may not be as effective for women who weigh more than 165 pounds	It may not be as effective for women who weigh more than 195 pounds	It could cause severe bleeding, cramping, or nausea.
Is parental permission required for minors?	No, unless obtained through a Title X Clinic	Yes	Yes

How Plan B Works

“Plan B” is one brand name for levonorgestrel. It is available without a prescription at many pharmacy counters. Plan B is a single pill that stops or delays ovulation, which is when an ovary releases an egg. It does not affect implantation or pregnancy after implantation. That means it does not terminate a pregnancy.

“Medicated abortion pills” are different. These are a two-step process involving two medications, mifepristone and misoprostol. Mifepristone stops a pregnancy, while misoprostol induces uterine contractions, expelling the pregnancy tissue. Misoprostol often causes cramping and bleeding. These are legal under federal law but aren’t much of an option for Texas women because of the state’s strict abortion laws.

Minors can purchase Plan B and other levonorgestrel products over the counter and online without parental permission.

There are also several generic versions of Plan B on the market, including:

• Take Action
• My Way
• Option 2
• Preventeza
• My Choice
• Aftera
• EContra
• AfterPill

Amazon has some options that cost less than $10.

If you can’t afford the cost of the pill, you can order a free “Repro Pack” through Every Body Texas, but shipping takes about two weeks. 

Ella is Another Legal Option

Ella is a brand name for ulipristal acetate, another form of emergency contraception. However, a prescription is necessary, and parental consent is also typically required. The cost is normally about $50, but it is covered by many health insurance plans. Also, it is not as effective when used by women who weigh more than 195 pounds.

Ella also delays ovulation so that sperm cannot find an egg to fertilize.

Ella is not as accessible online. If you need Ella but aren’t comfortable talking to your doctor, Planned Parenthood offers virtual consultations. The medication will be overnighted to you. However, the cost of this service is $85, including shipping costs.

Mifepristone and Misoprostol are “Medicated Abortion Pills”

These “medicated abortion” medications are technically legal after a Supreme Court ruling in June 2024. It is also legal for Texans to take these drugs to end a pregnancy. Texas law does not criminalize the person who has an abortion. 

However, they are nearly impossible to acquire because prescribing them is typically considered a criminal offense in Texas. That’s because medical professionals who abort pregnancies face criminal penalties under state law. In other words, it’s illegal in Texas for doctors to prescribe, dispense, or mail these two medications that are known for inducing abortions. 

There are a few exceptions when prescribing them is legal in Texas, specifically to prevent “substantial impairment of major bodily function.”

Statistics: Access to Birth Control in Texas since 2022

Since Roe vs. Wade was overturned, the use of emergency contraception (Plan B) has fallen by 47%, according to the Guttmacher Institute, mostly due to inaccessibility or fears that it isn’t legal. The use of traditional birth control pills (which are also legal and now available without a prescription) has fallen by 28%.

Emergency Contraception Access for Sexual Assault Victims

Since Texas’ abortion law does not make exceptions for rape victims, it is not legal for victims to be prescribed Mifepristone and Misoprostol. This means Plan B is the only way for rape victims to prevent pregnancy (that doesn’t require travel to another state). However, that doesn’t necessarily mean it will be readily available.

Texas hospitals are required to provide sexual assault victims with information about emergency contraception, but they are not required to provide the medications upon request. You may have to go to a pharmacy or free clinic to obtain or order them online.

More Commonly Asked Questions

Do I Have to be 18 to Access Plan B?

No. There is no age restriction to acquire over-the-counter emergency contraception. However, after a federal court ruling in December 2022, all Title X clinics in Texas require parental consent for anyone under age 18 seeking birth control, including emergency contraception.

READ MORE: What is the age of consent in Texas?

What is a Title X Clinic in Texas?

The Title X Family Planning Program is a federal program established in 1970 that provides preventive health and family planning services. The program is intended to provide low or no-cost health options to low-income or uninsured people. There are more than 150 clinic sites across Texas.

Why Do Title X Clinics in Texas Require Parental Consent?

Though federal Title X clinics in 49 states do not require parental consent to obtain emergency contraception, Texas clinics do. This is because of the 2022 court ruling by U.S. District Judge Matthew Kacsmaryk, who determined that the program violates parents’ rights. In April 2024, the 5th U.S. Circuit Court of Appeals upheld that decision.