New York could become the second state to pass a shield law extending to telemedicine abortion providers serving out-of-state patients. CarrieNBaker reports:
The New York law would mean people living in states with abortion bans can receive telemedicine abortion care from New York-based medical providers and obtain FDA-approved abortion pills promptly by mail, with ongoing telemedicine support from the prescribing clinician during the abortion process.
fell, 75 percent of people got their abortions under eight weeks. Early abortion is safer, and people want to get their abortion right away. Now, it’s really hard in all of these red states. If you can get an abortion at all, it’s hard to get it early. This law doesn’t help people with fetal anomalies who are 13 plus weeks. It doesn’t help when people need procedures and can’t have them. But this would at least allow people to go back to having a really early abortion in the safety of their own home. It would be a big step towards alleviating the suffering.” Some have expressed concerns that states might criminally prosecute people receiving abortion pills. “There was this narrative that this might be dangerous to people in the South if we started mailing pills there. And we’re like, wait a minute. People need their pills. The laws so far are against the providers of pills, not the patients. Patients are getting pills where they can, but they’re getting them later in pregnancy than they should be getting them. Now they will have the option of quickly getting their pills from a licensed clinician. And there’ll be FDA-approved pills instead of paying a lot to get them from an overseas pharmacy with no directions on how to take them. This is harm reduction. What we’re doing is not adding risk. We are reducing risk.” In the rare event that someone has to seek local medical care in states with abortion bans, Miller said patients do not need to reveal they have taken abortion pills. “If you go and seek medical care, you have no obligation to say you used abortion pills and there’s no way to tell,” said Miller. “There’s no test that can be taken to determine you used them. It’s not like they can run a blood test to know you did it. It doesn’t show up. There’s no distinction that can be drawn between a medication abortion and a spontaneous miscarriage or spontaneous abortion.” This would at least allow people to go back to having a really early abortion in the safety of their own home. It would be a big step towards alleviating the suffering.Others expressed concerns that providers offering this care would not be guaranteed protection from criminal and civil lawsuits in red states. “Lawyers are telling us, you’re still at risk. Bad things can happen to you,” said Prine. “We’re like, look, abortion doctors are always at risk. We signed up for that. We know that that’s part of doing this work. Maybe this is increasing our level of risk, and maybe it’s a different kind of risk, but we’re used to being at risk and we’re okay with that. So let us decide the risks we want to take. Just give us the best law you can and we’ll run with it because people need it. People really, really, really need it. They needed it months ago.”“We learned from the November election that people in our country really want abortion to remain accessible. Yet despite that, the red states remain on the offensive and plan to pass more restrictive laws. Thus, those of us in blue states need to become equally proactive and get positive things done,” said Prine. “All this hand wringing about possible criminalization of this and that, is not going to help people get the abortions they need. We need to step up and do some things. We would like to do it legally, and so we are trying to pass these shield laws.”“We should also think about more radical laws we could pass, like making mifepristone over the counter or available via ‘standing orders’ for pharmacists or nurses, or legalizing advanced provision. Blue states should pass laws that challenge the FDA regulations just like red states have done when they make this federally-approved medication illegal. Let’s make it more accessible. We would actually be following the science to do so. And if we can’t get laws passed, we may need to be proactive anyway, because people desperately need our care. We may just need to mail those pills no matter what. I don’t think the optics of doctors going to jail because they are getting medications to people who need and want them will win the Republicans’ votes. Those of us in the blue states really need to step up and be proactive.”
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