New York doctor sued by Texas AG for allegedly prescribing abortion pills to woman in Lone Star State.

An out-of-state doctor broke the law and caused severe harm to this patient, according to AG Ken Paxton.

New York doctor sued by Texas AG for allegedly prescribing abortion pills to woman in Lone Star State.
New York doctor sued by Texas AG for allegedly prescribing abortion pills to woman in Lone Star State.

A New York doctor who allegedly prescribed abortion drugs to a woman in Texas, in violation of state law, has been sued by Texas Attorney General Ken Paxton, a Republican.

Dr. Margaret Carpenter was accused by Paxton of sending pills from New York to a 20-year-old woman in Collin County, Texas, who allegedly took the medication when she was nine weeks pregnant, as stated in the lawsuit.

She sought the father's assistance when she started bleeding heavily, despite him being unaware of her pregnancy.

The filing does not specify whether the woman successfully ended her pregnancy or if she experienced any long-term health issues as a result of taking mifepristone and misoprostol.

Ken Paxton at the podium
Texas Attorney General Ken Paxton has filed a lawsuit accusing a New York doctor of prescribing abortion drugs to a Texas woman, violating laws in the Lone Star State. (AP Photo/Eric Gay, File)

Since the U.S. Supreme Court overturned Roe v. Wade in 2022, Paxton's lawsuit is the first attempt to test legal protections when it comes to states with conflicting abortion laws.

While Texas has enacted an abortion ban with few exceptions, New York protects access to the procedure and has a shield law that shields providers from out-of-state investigations and prosecutions, which has been viewed as implicit permission for doctors to mail abortion pills into states with restrictions.

Despite shield laws, Texas intends to pursue cases like this, though the outcome is uncertain due to legal issues involving extraterritoriality and interstate commerce. New York's law permits Carpenter to disregard Texas' court orders.

Whether New York courts would uphold Texas' law that restricts mailing and telehealth abortion-inducing drugs and prescribing medication without a valid Texas medical license is uncertain.

Drug bottles
The woman allegedly took mifepristone and misoprostol when she was nine weeks pregnant. (AP Photo/Charlie Neibergall)

While Texas' abortion laws do not permit the prosecution of a woman for obtaining an abortion, they do allow for physicians or individuals who aid a woman in obtaining the procedure to be prosecuted.

The lawsuit alleges that Carpenter, the founder of the Abortion Coalition for Telemedicine, intentionally provided medical services to Texas residents without a valid medical license and without being authorized to practice telemedicine in the state. Paxton requested that a Collin County court prevent Carpenter from breaking Texas law and impose civil penalties of at least $100,000 for each violation.

Kansas abortion pills
Texas law states that physicians cannot prescribe abortion medication by mail and forbids physicians without a Texas license from providing telehealth services or prescribing medication to patients in the Lone Star State. (AP Photo/Charlie Riedel, File)

"An out-of-state doctor who prescribed abortion-inducing drugs to a Texas resident over telemedicine without authorization caused serious harm to the patient. This violates Texas law and endangers the health and lives of mothers and babies."

Aside from being a carpenter, he also collaborates with AidAccess, an international organization that offers abortion medication, and co-founded Hey Jane, a telehealth platform that provides abortion services.

by Landon Mion

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