Texas Attorney General Sues New York Physician for Telemedicine Prescription of Abortion-Inducing Medications

December 14, 2024 TruthUSA

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.

On Friday, Texas Attorney General Ken Paxton initiated a lawsuit against a physician from New York and the founder of a pro-abortion coalition, alleging that she prescribed abortion medication via telemedicine to a Texas resident. He asserted that her actions were in violation of Texas law, as she was not licensed to practice medicine within the state, he stated.

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.

Texas law prohibits out-of-state doctors from practicing medicine in the state, which also encompasses telemedicine practices, Paxton emphasized in the complaint.

Moreover, Texas legislation forbids physicians from mailing “any abortion-inducing drugs.”

“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.

Under Texas law, abortions are prohibited after a heartbeat becomes detectable—approximately six weeks into gestation—except in cases of medical emergencies, with no exceptions for pregnancies resulting from rape or incest.

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.

ACT claimed on its website that it serves patients across all 50 states through telemedicine.

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.

In response to Paxton’s lawsuit, New York Attorney General Letitia James issued a statement, affirming her commitment to defending abortion rights as a “legal and protected right” in New York.

“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.

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