Texas Attorney General Takes Action Against Physician Over Abortion Drugs

In a significant legal development, Texas Attorney General Ken Paxton has initiated a lawsuit against Dr. Margaret Daley Carpenter, a New York physician. The lawsuit accuses Carpenter of unlawfully providing abortion-inducing medications to Texas residents via telehealth and mail services.

Allegations of Illegal Prescriptions

According to Paxton’s civil complaint, Dr. Carpenter provided abortion pills to a resident of Collin County, Texas, resulting in the termination of an unborn child and subsequent serious health complications for the mother, who required emergency medical treatment.

Violation of Texas Law

Texas law explicitly prohibits physicians and medical suppliers from distributing abortion-inducing drugs through delivery services, and it mandates that any out-of-state physicians seeking to provide telehealth services or prescribe medication must possess a valid Texas medical license. This legal framework underscores the state’s commitment to safeguarding women’s health and lives.

Patient’s Health Compromised

The Texas resident, who received these medications, experienced significant health issues, culminating in her hospitalization. The state is pursuing a court injunction to prevent Dr. Carpenter from continuing similar practices and imposing fines of at least $100,000 for each alleged infraction of state law.

Protecting Women’s Health and Lives

Attorney General Paxton stated, “In this case, an out-of-state doctor violated the law and caused serious harm to this patient. This situation highlighted the risks associated with unauthorized prescriptions through telemedicine.” He further asserted, “In Texas, we treasure the health and lives of mothers and babies, and this is why out-of-state doctors must not illegally and recklessly prescribe abortion-inducing drugs to residents.”

Legal Context of Abortion in Texas

Texas maintains a ban on all abortion procedures, except in instances where the pregnant woman’s life is in imminent danger due to a medical emergency. Historically, the Texas Supreme Court has defended the regulations surrounding abortion, affirming that existing legal exceptions are adequate to allow for abortions when the mother’s life is at serious risk.

In May, the court dismissed a challenge against the state’s abortion law put forth by a group of women and a physician, arguing that the legal provisions were unclear. The court unanimously upheld that the exceptions in Texas law could sufficiently cover circumstances involving severe medical complications for women.