New Texas law restricting mailed abortion pills takes effect soon

New law restricting mailed abortion pills takes effect

A new Texas law taking effect that restricts the mailing of abortion-inducing medication from out-of-state providers and allows for civil lawsuits against violators, drawing strong criticism from physicians.

A new Texas law restricting the distribution of abortion medication is set to take effect this week, drawing sharp criticism from physicians while earning strong support from anti-abortion advocates.

What the new law does

What we know:

House Bill 7, passed during the most recent legislative session, prohibits out-of-state doctors and medical providers from mailing abortion-inducing medication directly to Texans. 

The law includes exceptions for medical emergencies such as ectopic pregnancies and miscarriages, and it cannot be used against Texas-based medical professionals treating those conditions. 

Supporters target 'underground pipeline'

What they're saying:

Supporters say the measure targets what they describe as a growing underground pipeline of abortion pills entering the state after the fall of Roe v. Wade.

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"We are seeing that those promoting abortion, even in Texas, are shifting their tactics," said Dr. John Seago, president of Texas Right to Life. "Illegal abortion pills are being mailed rather than delivered at a brick-and-mortar clinic, and that is the biggest threat to innocent babies and their moms right now."

Seago said the statute is aimed solely at individuals outside Texas who ship abortion medication into the state.

Physicians warn of fear and restricted access

The other side:

A coalition of physicians from the Committee to Protect Health Care’s Reproductive Freedom Task Force argues the law will further restrict access to reproductive care and create fear among both patients and providers.

"This law is just another way for politicians to try to control women’s bodies," said Dr. Bhavik Kumar, a Texas-based family physician and abortion provider. "It makes patients afraid to order abortion medication and makes clinicians afraid to prescribe it, even if they are legally allowed to do so in their own states."

Civil lawsuits and a $100,000 reward

Dig deeper:

The bill also allows private citizens to file civil lawsuits against anyone who prescribes, mails, or distributes abortion pills to a Texan, offering a minimum $100,000 reward if successful. Physicians worry this provision will deter patients from seeking medical advice or disclosing needed information.

"It’s limiting their rights and their ability to access the care they need," Kumar said. "It will really impact how comfortable, if at all, patients feel disclosing information."

Some doctors say the law raises broader concerns about future medical decisions in the state.

"What you’re going to see in the future is physicians coming together like we’ve never seen before, fighting back because we have to," said Dr. Kristin Lyerly, a Wisconsin-based OB-GYN and board chair of the Committee to Protect Health Care. "We have to do it for our patients."

When the law takes effect

What's next:

Physicians or pharmacies in states with so-called "shield laws," including Maryland, could still face lawsuits if they mail abortion medication into Texas.

House Bill 7 takes effect on Thursday.