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Texas AG Ken Paxton sues NY abortionist for mailing abortion drugs

The Texas State Capitol is seen on September 20, 2021, in Austin, Texas.
The Texas State Capitol is seen on September 20, 2021, in Austin, Texas. | The Texas State Capitol is seen on September 20, 2021, in Austin, Texas.

Texas Attorney General Ken Paxton has filed a lawsuit against a New York physician, accusing her of illegally sending abortion-inducing drugs to residents in Texas. The civil complaint seeks penalties against the doctor, who allegedly provided the pills through telehealth services and delivered them by mail.

The lawsuit targets Dr. Margaret Daley Carpenter, identified as a New York physician and founder of the Abortion Coalition for Telemedicine, Paxton said in a statement.

Carpenter “unlawfully provided a Collin County resident with abortion-inducing drugs that ended the life of an unborn child and resulted in serious complications for the mother, who then required medical intervention,” the statement added.

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Texas law prohibits any physician or medical supplier from distributing abortion-inducing drugs by courier, delivery, or mail service, it stressed, noting that physicians from out-of-state are prohibited from providing telehealth services or prescribing medication to Texas residents without holding a valid Texas medical license.

The woman who received the medication as a Texas resident and experienced adverse medical consequences “ended up in the hospital with serious complications.” Texas is seeking a court order to stop Carpenter from continuing these practices and has requested civil penalties of no less than $100,000 for each violation of state law.

“In this case, an out-of-state doctor violated the law and caused serious harm to this patient,” said Paxton. “This doctor prescribed abortion-inducing drugs — unauthorized, over telemedicine — causing her patient to end up in the hospital with serious complications.”

Paxton added, “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.”

Texas bans all abortion procedures except in circumstances where the pregnant woman's life is in imminent danger due to a medical emergency.

The Texas Supreme Court has previously examined the application of abortion restrictions in situations involving severe medical complications.

In May, the court rejected a challenge to the state's abortion law that was brought by a group of women and a doctor. The challenge claimed that the provision allowing for legally sanctioned abortions was not sufficiently clear. The court unanimously ruled that the existing exceptions in Texas law are broad enough to permit an abortion in cases where the mother's life is at serious risk.

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