Texas abortion pill restriction bill advances to governor's table for approval
Texas Passes Controversial Abortion Pill Law, Heading to Governor's Desk
In a move that could have far-reaching implications, the Texas Senate has passed House Bill 7 (HB7), allowing private citizens to sue out-of-state providers of abortion pills for $100,000 or more. The bill, which aims to curb the use of abortion pills in Texas, is now on its way to Governor Greg Abbott's desk for approval.
The legislation, initially passed during the regular legislative session but stalled before reaching the House floor, has been refined and revised to address concerns from various groups. One of the controversial provisions, the financial incentives for lawsuits, has been addressed in the final version of HB7, with the intention of lowering the incentive for bad actors to pursue lawsuits for personal gain.
The bill explicitly prohibits the exposure of personal medical information in court filings, a provision that has earned the support of the Texas Alliance for Life. The bill also specifies that only the pregnant woman, immediate family members, and other directly affected individuals can receive the full $100,000-plus reward.
The practice of Texans accessing abortion medications, such as mifepristone and misoprostol, through the mail with a telemedicine prescription from an out-of-state doctor has been a growing concern for Texas lawmakers. The initiative to enable the filing of criminal complaints against out-of-state providers of abortion pills was initiated by Texas lawmakers, forming the basis of the law in Texas.
However, the bill has faced criticism from medical experts and advocacy groups. Critics point out that the pills are FDA-approved and broadly considered safe. The clash between the states' laws regarding abortion pills and shield laws may ultimately have to be weighed by a federal court. New York, for instance, is using its shield law to block enforcement of the Texas court's penalty, potentially leading to a clash between the states' laws.
Internet search engines used in the course of seeking abortion medication are also exempted from the bill. Doctors and medical groups in Texas are not liable under HB7, in response to concerns from groups including the Texas Hospital Association and Texas Medical Association. A pregnant woman who takes the pills would not be liable under House Bill 7.
Supporters of HB7 characterize it as a protective measure for women, aiming to put a stop to the practice of out-of-state providers sending abortion pills to Texas women. The bill's language gestures toward "shield laws," which several other states have enacted to protect health care providers from lawsuits originating from states where abortion is banned.
Abortion is banned in Texas unless a pregnant woman's life or a major bodily function is at risk. The final version of HB7 specifies that shield laws would not be a defense "unless the Texas Constitution or federal law compels the court to enforce that law." The bill now awaits Governor Abbott's approval, potentially marking a significant shift in Texas' abortion laws.
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