Texas Attorney General Ken Paxton has filed a lawsuit against Dr. Margaret Daley Carpenter, a New York-based doctor, for allegedly violating state laws by providing abortion drugs to a Texas resident without authorization.
Dr. Carpenter, the founder of the Abortion Coalition for Telemedicine, reportedly prescribed the drugs to a Collin County woman, leading to the termination of her pregnancy and serious medical complications for the mother.
According to a press release published on December 13, Paxton’s office argues that the doctor’s actions directly contradicted several Texas laws designed to regulate abortion practices and protect both mothers and unborn children.
This lawsuit marks one of the first efforts in America’s legal history to explore the consequences of conflicting state abortion laws.
Under Texas law, it is currently illegal for any physician or medical supplier to provide abortion-inducing drugs through mail or delivery services. Additionally, only licensed Texas doctors are permitted to prescribe any medication to state residents via telemedicine.
However, New York safeguards access to abortion with a “shield law” that protects providers from out-of-state investigations and prosecutions. Under the legislation passed in 2023, the State of New York will refuse to cooperate with another state that tries to sue, prosecute, or otherwise penalize New York doctors who offer abortion pills via telemedicine. However, the law is not a complete guarantee of protection. If those doctors leave the state of New York, they could face prosecution by other states with abortion bans.
The shield law could be interpreted as a strategic or politically motivated approval for doctors to send abortion pills from New York to states with stricter laws.
“I’m going to mail pills as soon as the governor signs the bill,” Dr. Linda Prine, a New York physician and co-founder of the Miscarriage and Abortion Hotline, said in a press release from The New York State Senate’s office last year.
Regardless of the New York legislation, Paxton’s office is committed to the fight against mailing abortion pills over state lines.
“In Texas, we treasure the health and lives of mothers and babies, and this is why out-of-state doctors may not illegally and dangerously prescribe abortion-inducing drugs to Texas residents,” Paxton said. “In this case, an out-of-state doctor violated the law and caused serious harm to this patient.”
In his lawsuit, Paxton argues that Dr. Carpenter knowingly violated these statutes by treating Texas residents without a valid Texas medical license and the “legal authority” to practice telemedicine within the state.
Paxton has also asked the court to issue an injunction preventing Dr. Carpenter from continuing these practices and to seek civil penalties of $100,000 for each past “violation” by the doctor.
As of the time of publication, Dr. Carpenter’s office had not responded to The Dallas Express’ request for comment on the lawsuit.