A New York doctor, Dr. Margaret Carpenter, and her company, Nightingale Medical, PC, were indicted by a Louisiana grand jury for allegedly prescribing an abortion pill online, a felony in the state which has a strict near-total abortion ban. This is believed to be the first case of criminal charges against a doctor for sending abortion pills to another state since the Supreme Court overturned Roe v. Wade in 2022.
Louisiana recently became the first state to reclassify abortion-inducing drugs as controlled dangerous substances. If someone possesses these drugs without a valid prescription, they could face fines and jail time. The law also prohibits abortion without exceptions for rape or incest, with severe penalties for physicians performing illegal abortions.
The Abortion Coalition of Telemedicine, where Carpenter is a founder, condemned the indictment as a state-sponsored effort to prosecute a doctor providing safe care. New York’s shield laws, which protect prescribers using telehealth for abortion pills in states where abortion is banned, may play a role in Carpenter’s defense.
Pills have become the most common method of abortion in the U.S., comprising two-thirds of procedures. Legal battles have arisen over access to these drugs, with some states challenging federal approvals. New York Governor Kathy Hochul has emphasized the need to protect providers and patients post-Roe v. Wade.
The case underscores the ongoing fight over reproductive rights in the U.S., with state laws impacting access to abortion care. The outcome of this indictment will be closely watched as a potential test of New York’s shield laws and the implications for telehealth abortion provision.
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