Texas Attorney General Sues New York Doctor for Providing Abortion Pills to Texas Resident
Texas Attorney General Ken Paxton has filed a lawsuit in the District Court of Collin County, Texas, against a New York doctor accused of mailing abortion pills to a Texas telemedicine patient, in violation of multiple state laws. Dr. Margaret Daley Carpenter, co-founder of the Abortion Coalition for Telemedicine, is alleged to have prescribed abortion medications to a 20-year-old patient in Collin County Texas, knowing the woman lived in Texas, which prohibits physicians and medical suppliers from providing abortion-inducing medications via the mail service or courier delivery.
The State of Texas Health & Safety Code requires any physician performing or inducing an abortion to be licensed to practice medicine in the state of Texas and they must hold admitting privileges at a hospital no further than 30 miles from the location where the abortion procedure takes place. The Texas Admin Code requires physicians who treat patients or prescribe medications to Texas residents through telehealth services to hold a valid Texas medical license. Dr. Carpenter does not have a license to practice medicine in Texas. Texas Health & Safety Code also requires a physician to physically examine a patient in person before providing abortion-inducing medications and schedule a follow-up visit to confirm the pregnancy has been fully terminated and to assess any continued blood loss.
According to the lawsuit, the patient became pregnant in mid-May 2024, sought an abortion, and obtained the necessary medications via the telemedicine service provided by Dr. Carpenter. The patient took the abortion drugs in mid-July, ending the pregnancy. The patient suffered a hemorrhage or severe bleeding that required medical intervention and was taken to a Collin County hospital for treatment. The lawsuit seeks civil monetary penalties of up to $250,000 and requests the court enjoin Dr. Carpenter from violating Texas law. The lawsuit does not include any criminal charges.
Dr. Carpenter practices medicine in the state of New York, where abortions can be provided legally up to 24 weeks of pregnancy and thereafter if a medical provider determines the fetus is not viable or if the mother’s life, physical, or mental health is at risk. Dr. Carpenter’s patient was around 9 weeks pregnant when she was prescribed the abortion medications, and the supply of medications via telemedicine services was legal under New York law.
New York has enacted a shield law in response to the overturning of Roe v. Wade to protect physicians who provide reproductive healthcare legally in the state of New York. Under the New York shield law, state officials should not cooperate with states attempting to sue or prosecute healthcare providers for providing legal abortion care, including prescribing or mailing abortion medications. In the event of legal action, New York’s shield law allows an individual to counter-sue the plaintiff to recover damages.
Should the Texas District Court rule in favor of the plaintiff, it is unclear how Texas would attempt to enforce that decision. It is also unclear to what extent the shield law would protect healthcare providers from financial penalties. The lawsuit demonstrates that Texas is willing to take legal action against individuals who prescribe abortion medications to state residents and it could put off out-of-state physicians from providing abortion care to Texas residents via telemedicine services.
“Medication abortion has been used by millions of people since it was first approved by the FDA nearly 25 years ago. For years, we have seen unwarranted attempts to restrict access to these medications, with anti-choice actors even bringing the issue before the U.S. Supreme Court. Time and time again, these attempts have failed because the fact remains that medication abortion is safe, thoroughly tested, and effective,” said New York Attorney General Letitia James in a statement in response to the lawsuit. “Restricting access to these pills doesn’t help Americans; it harms them. That’s why we enacted our shield law, establishing New York as a beacon of reproductive freedom and protecting our providers from out-of-state anti-choice attacks. I will continue to protect people’s reproductive rights and access to life-saving health care.”
