A new law passed in Texas will allow private citizens to sue anyone who manufactures or distributes abortion drugs to or from the state, including out-of-state providers via telehealth, KFOX14 reported Dec. 1.
Here are five things to know about the law:
1. House Bill 7, signed into law in September, will allow citizens to file lawsuits against anyone who prescribes, mails or distributes abortion pills in Texas or to residents of Texas. Individual women taking abortion pills cannot be sued, according to the report.
2. Plaintiffs in winning cases may be awarded a minimum of $100,000. If the plaintiff is not directly related to the fetus, they would only be entitled to 10% and would have to give the remaining money to a charity of their choosing.
3. The law has sparked concern from physicians and other healthcare providers, who say that it restricts patient access potentially “lifesaving” abortion medication and relevant medical professionals for other prenatal issues. Proponents say that the law “protects unborn babies” and closes “loopholes,” according to the report.
4. Ahead of the law’s effective date, Dec. 4, physicians and abortion providers in Texas, Wisconsin, Maryland and Ohio spoke in a press call about the effect this law will have on patients in the state. In the call, Bhavik Kumar, MD, a Texas-based family physician and abortion provider, said that “[doctors] are afraid to provide care” as a result of the law and that patients are already fearful of disclosing their medications to physicians.
“It can also tarnish relationships with patients. If they are feeling fearful, it tarnishes the relationship between the provider and patients, as some folks won’t even come in for the care they need. They should be able to access healthcare, and with each law that passes, it only makes it difficult,” he said.
5. Ealena Callender, MD, a Maryland-based OB/GYN, expressed concerns about how the law will impact other states.
“Twenty-two states and Washington, D.C., have shield laws or executive protections for reproductive health care, affirming their rights as states and their rights under Dobbs. But the Texas law going into effect this week is trying to change all that,” she said.
