Texas Attorney General Sues New York Physician for Telemedicine Prescription of Abortion-Inducing Medications
The case may pose a challenge to shield laws in states that seek to protect doctors offering abortion services to out-of-state patients or utilizing telemedicine.
According to Paxton, Dr. Margaret Carpenter, the founder of the Abortion Coalition for Telemedicine (ACT), provided unlawful abortion medication via telemedicine that “terminated the life of an unborn child and led to significant complications for the mother, necessitating medical intervention.”
Paxton requested that the court prohibit the doctor from further violations of state law and impose a penalty of $100,000 for each infringement.
The Epoch Times reached out to ACT for a statement from Carpenter regarding the lawsuit allegations.
Moreover, Texas legislation forbids physicians from mailing “any abortion-inducing drugs.”
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“Before a physician can administer an abortion-inducing drug, it is required that they conduct an in-person examination of the pregnant woman, ensuring that the physician does not prescribe such medication for any pregnancy that exceeds 49 days of gestational age,” Paxton explained.
This legislation was enacted in 2021, prior to the overturning of Roe v. Wade in 2022. Following that decision, states with Democratic leadership, such as New York, implemented abortion shield laws to safeguard physicians who provide services to patients traveling from states with restrictive abortion laws.
These statutes also extend protections to physicians like Carpenter who offer telemedicine services.
Mary Ruth Ziegler, a law professor at the University of California, stated that challenges to shield laws were anticipated and could hinder the mailing of abortion medication prescriptions.
“Will doctors hesitate to send pills into Texas, even if they might be shielded by such laws due to uncertainty about their protections?” she questioned.
Paxton stated that a 20-year-old resident of Collin County, Texas, became pregnant in May 2024 and discreetly utilized ACT’s telemedicine services without notifying the child’s father.
Carpenter prescribed her mifepristone and misoprostol.
According to Paxton, in July, she experienced “hemorrhaging or severe bleeding.”
At nine weeks pregnant, Paxton noted the mother endured an “adverse event or abortion complication” leading to a “medical abortion.”
“In Texas, we prioritize the health and lives of mothers and babies, which is why out-of-state doctors cannot illegally and recklessly prescribe abortion-inducing drugs to residents of Texas,” Paxton asserted.
“As other states move to undermine those seeking or providing abortion care, New York stands as a sanctuary for abortion access,” she declared. “We will relentlessly protect our providers from unjust punitive measures and will never yield to intimidation or threats.”
This report includes contributions from the Associated Press.
