New York Protects Doctors from Out-of-State Abortion Prosecutions

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New York has enacted a new law aimed at protecting doctors who prescribe abortion pills to patients in states where abortion is banned. Governor Kathy Hochul signed the bill on Monday, following the indictment of a New York doctor by a Louisiana grand jury for prescribing an abortion pill to a teenager in West Baton Rouge.

Louisiana is among 13 Republican-led states that have outlawed abortion, arguing it is immoral after the U.S. Supreme Court’s 2022 ruling eliminating the constitutional right to abortion. While abortion remains legal in New York, many states with abortion bans also permit prosecuting those who assist in the procedure, including healthcare providers who mail abortion pills.

The new legislation expands New York’s shield laws, offering protections for healthcare providers across state lines. Under the law, doctors can prescribe and pharmacists can dispense abortion pills like mifepristone and misoprostol under the name of the doctor’s medical practice, not their personal name. This aims to prevent out-of-state authorities from identifying and prosecuting individuals involved in prescribing these drugs.

Hochul said, “I’m taking action to strengthen protections for health care professionals and their patients, ensuring New York is a safe haven for anyone providing or receiving reproductive care.” The law, effective immediately, is designed to make it harder for authorities in states with abortion bans to gather evidence against doctors.

The case in Louisiana marks the first instance of a doctor being charged with a felony in another state for prescribing abortion pills, with Dr. Margaret Carpenter facing both felony charges and a civil lawsuit from Texas.

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