New York physician indicted for prescribing abortion tablet in Louisiana

BATON ROUGE, La. — A New York physician was indicted by a Louisiana grand jury on Friday for allegedly prescribing an abortion tablet on-line within the Deep South state, which has one of many strictest near-total abortion bans within the U.S.

Grand jurors on the District Court docket for the Parish of West Baton Rouge issued an indictment towards Dr. Margaret Carpenter; her firm, Nightingale Medical, PC; and a 3rd particular person. All three had been charged with prison abortion by way of abortion-inducing medication, a felony.

Prosecutors in Louisiana say a mom ordered the tablet on-line and gave it to her youngster.

“The younger youngster was informed by the mom that she needed to take the tablet or else, and the kid took the tablet,” District Lawyer Tony Clayton mentioned.

The case seems to be the primary occasion of prison prices towards a physician accused of sending abortion drugs to a different state, no less than because the U.S. Supreme Court docket overturned Roe v. Wade in 2022 and opened the door for states to have strict anti-abortion legal guidelines.

“To ship a tablet from one other state is equal to me of delivery fentanyl or some other sort of medication over right here that find yourself within the mouths and stomachs of our minor youngsters,” Clayton mentioned.

Carpenter was additionally sued by the Texas lawyer common in December below comparable allegations of sending drugs to that state. That case didn’t contain prison prices.

CBS Information New York reached out to Carpenter, however has not heard again but.

Testing New York’s protect legal guidelines

The indictment might be the primary direct take a look at of New York’s protect legal guidelines, that are supposed to guard prescribers who use telehealth to offer abortion drugs to sufferers in states the place abortion is banned.

“Earlier as we speak, a New York physician was indicted in Louisiana for utilizing telemedicine to prescribe abortion remedy to a affected person. That is proper: a physician is being prosecuted for offering fundamental well being care to her affected person. We at all times knew that overturning Roe v. Wade wasn’t the tip of the street for anti-abortion politicians. That is why I labored with the Legislature to go nation-leading legal guidelines to guard suppliers and sufferers. It is extra essential than ever for states to step up and shield reproductive freedom — and I am going to by no means again down from this combat,” Gov. Kathy Hochul mentioned in a ready launch.

Hochul signed the invoice defending docs from out-of-state lawsuits in 2023.

“I’ll by no means below any circumstances flip this physician over to the state of Louisiana below any extradition request,” Hochul mentioned in a video posted to social media. “I’ll do every little thing I can to guard this physician and permit her to proceed the work that she’s doing that’s so important.”

New York Lawyer Common Letitia James, who would implement the protect regulation, mentioned in an announcement:

“Abortion care is well being care. The criminalization of abortion care is a direct and brazen assault on Individuals’ bodily autonomy and their proper to reproductive freedom. This cowardly try out of Louisiana to weaponize the regulation towards out-of-state suppliers is unjust and un-American. We is not going to enable unhealthy actors to undermine our suppliers’ capacity to ship essential care. Medicine abortion is secure, efficient, and crucial, and New York will be sure that it stays accessible to all Individuals who want it.”

Authorized specialists say Carpenter should still face some hurdles.

“What occurs when she tries to resume her medical license and he or she has a pending felony indictment in Louisiana? What occurs to the physician when she tries to fly someplace and TSA says, hey, you could have an lively warrant?” lawyer Franz Borghardt mentioned.

Louisiana classifies abortion drugs as “managed harmful substances”

Drugs have change into the most typical technique of abortion within the U.S., accounting for practically two-thirds of them by 2023. They’re additionally on the middle of political and authorized motion over abortion. In January, one decide let three states proceed to problem federal authorities approvals for the way one of many medication often concerned might be prescribed. 

The indictment comes simply months after Louisiana grew to become the primary state with a regulation to reclassify each mifepristone and misoprostol as “managed harmful substances.” The medication are nonetheless allowed, however medical personnel need to undergo further steps to entry them.

Below the laws, if somebody knowingly possesses mifepristone or misoprostol and not using a legitimate prescription for any objective, they might be fined as much as $5,000 and despatched to jail for one to 5 years. The regulation carves out protections for pregnant ladies who receive the drug and not using a prescription to tackle their very own.

For the reason that fall of Roe v. Wade, Louisiana has had a near-total abortion ban, with none exceptions for rape or incest. Below the regulation, physicians convicted of performing an unlawful abortion, together with one with drugs, withstand 15 years in jail, $200,000 in fines and the lack of their medical license.

“Make no mistake, since Roe v Wade was overturned, we have witnessed a disturbing sample of interference with ladies’s rights,” the Abortion Coalition of Telemedicine, the place Carpenter is without doubt one of the founders, mentioned in an announcement. “It is no secret the USA has a historical past of violence and harassment towards abortion suppliers, and this state-sponsored effort to prosecute a physician offering secure and efficient care ought to alarm everybody.”

Dr. Dara Kass, an emergency medication doctor in New York, mentioned abortion bans are making it extra harmful for younger women and girls.

“It is making it much less secure to be pregnant, and it is rising issues like toddler mortality and maternal mortality in states the place abortions are restricted,” she mentioned.

contributed to this report.