The majority of U.S. abortions involve pills rather than surgical procedures. Telehealth providers in states where abortion remains legal (at least for part of a pregnancy) sometimes prescribe these pills to people in states that have prohibited abortion. One of these states is Texas. Last week, its legislature passed a law that aims to curb this practice. Texas Governor Greg Abbott likely will sign the bill into law. It would take effect in December.
The new law specifically prohibits not only manufacturing or distributing an abortion drug in Texas, but also prescribing or otherwise providing an abortion drug to anyone in Texas. Most notably, it allows almost any private citizen to sue an out-of-state healthcare provider or physician who violated the law. (People who have committed certain crimes, such as sexual assault causing the pregnancy, can’t bring these claims.) A defendant would need to pay at least $100,000 for each violation if they’re found liable, in addition to the claimant’s attorney fees and costs. The court also can issue an order to prevent the defendant from violating the law.
If a pregnant woman or the father, sibling, or grandparent of the unborn child sues, they can recover the entire amount awarded. If someone else sues, they will receive $10,000. The remaining amount will go to a charity of the claimant’s choice. A six-year statute of limitations applies to these claims.
The law outlines certain defenses, such as when imposing liability on the defendant would violate their constitutional rights. However, it bars defendants from arguing that they didn’t know the law or mistakenly thought that it was unconstitutional. Consent to the abortion by the claimant or the pregnant woman also doesn’t shield a defendant.
Claims based on the new law, though, might collide with “abortion shield laws.” Several states that permit abortion have enacted these laws to protect telehealth providers from liability for prescribing abortion pills to women in states that ban abortion. Cases involving a New York doctor, Maggie Carpenter, have tested these laws. She faces criminal charges in Louisiana and a civil judgment from Texas. New York has cited its shield law in refusing to extradite Carpenter to Louisiana or register the Texas judgment. The outcome of these cases could show how much shield laws protect healthcare providers and affect the availability of abortion drugs through telehealth.
Photo Credit: yta23 / Shutterstock.com