New York Governor Kathy Hochul has signed a bill that will protect abortion providers who send pills to patients in states with bans on the procedure. The bill, which was passed by the state legislature last week, is one of several measures enacted by Democratic-controlled states to expand access to medication abortion in the wake of the Supreme Court’s decision to overturn Roe v. Wade.
Medication abortion involves taking two pills, mifepristone and misoprostol, that can end a pregnancy up to 10 weeks. It accounts for about half of all abortions in the U.S., according to the Guttmacher Institute, a research and advocacy group that supports abortion rights. However, many states have imposed restrictions or bans on medication abortion, such as requiring in-person visits, limiting who can prescribe the pills, or prohibiting telemedicine services.
The New York bill aims to shield health care providers who offer telemedicine abortion to patients in restrictive states from legal retaliation by those states. It stipulates that New York courts and officials will not cooperate if a state with an abortion ban tries to prosecute, sue or otherwise penalize a New York provider who complies with New York law . The bill also protects patients who receive abortion pills from New York providers from being charged or sued by their home states.
Governor Hochul said the bill was part of New York’s effort to fight back against the erosion of reproductive rights in the country. “We are witnessing a shameful regression of women’s rights in this country as abortion access is restricted in states across the nation,” she said in a press release. “With this bill, New York is continuing to fight back against restrictive abortion laws and help more people access the care they need.”
The bill is expected to have a significant impact on medication abortion access, as several providers in New York have announced their plans to send pills to patients in all states with restrictions or bans. Among them are Dr. Linda Prine, a co-founder of the Miscarriage and Abortion Hotline, and Juniper Midwifery, a telemedicine service. They said they were motivated by the urgent need for safe and convenient abortion options for people who live where it is outlawed.
New York is not the only state that has enacted a telemedicine abortion shield law. Similar laws have been passed in Massachusetts, Colorado, Vermont and Washington . These laws could potentially create a network of providers and patients who can bypass state barriers and access medication abortion through online platforms.
However, telemedicine abortion still faces many challenges and uncertainties. Some states have laws that explicitly prohibit sending abortion pills across state lines or providing telemedicine abortion to out-of-state patients. It is unclear how these laws will be enforced or challenged in court. Moreover, some patients may face practical difficulties such as finding a reliable address to receive the pills or accessing follow-up care if needed.
Telemedicine abortion is also dependent on the availability of mifepristone, which is currently subject to a federal regulation that requires it to be dispensed in person by a certified provider. The Biden administration has temporarily suspended this requirement during the Covid-19 pandemic, allowing patients to receive mifepristone by mail. However, this policy could change or be reversed by future administrations or courts.
Despite these obstacles, advocates for telemedicine abortion say it is a vital and effective way to ensure reproductive autonomy for people who face barriers to accessing clinic-based care. They argue that telemedicine abortion is safe, convenient and private, and that patients should have the right to choose how and where they end their pregnancies.