California Bill To Protect Doctors Who Mail Abortion Pills

California’s SACRAMENTO — A new bill introduced on Friday in the state Legislature would shield doctors in California who send abortion drugs to clients in other states from legal action.

A doctor accused of administering abortion drugs in another state cannot be extradited to California under the proposed legislation. Also, it would protect doctors from sanctions. And it would permit Californian doctors to file lawsuits against anyone who tries to prevent them from performing abortions.

The legislation would protect only Californian physicians. A doctor would not be protected if he or she traveled outside of California to perform an abortion on a patient in another state. Also, individuals who obtain the drug in other states would not be protected.

The bill’s sponsor, state senator Nancy Skinner, a Democrat from Berkeley, said her goal is to ensure that Californians who are visiting or temporarily residing in other states, such as college students, can still receive medication permitted in their home state. However, she admitted that California doctors who treat patients who reside in other states would also be subject to the legislation.

Skinner declared, “This is important healthcare. No matter where their patients are physically located, our healthcare professionals should be safeguarded when treating them.

According to Skinner’s office, similar laws have been proposed or approved in Massachusetts, New York, Connecticut, Maryland, and Vermont. The Code of Connecticut prohibits extradition — unless the individual fled from the state requesting them — as well as criminal summonses from other states linked to reproductive health care services that are legal in Connecticut.

Rep. Matt Blumenthal of Connecticut, a Democrat and co-chair of the General Assembly’s Reproductive Rights Caucus, said that if a provider is providing telehealth services to someone, even if they query where they are, they have to take it on faith. “We don’t want to turn healthcare professionals into the patients’ police. Also, we don’t want to require them to conduct an inquiry each time they use telehealth.

The mifepristone abortion medication is being distributed despite efforts by other governments to stop it.

The mifepristone abortion medication is being distributed despite efforts by other governments to stop it. Attorneys general in 20 states, the majority of which have Republican governors, have cautioned some of the biggest pharmacy chains in the country that distributing the drug within their borders could result in legal repercussions.

Idaho forbids most abortions, including those caused by the medicine. California must extradite doctors who disobey Idaho laws, according to Blaine Conzatti, head of the anti-abortion Idaho Family Policy Center.

Conzatti criticized Skinner’s bill, saying it was incredibly arrogant. “It would completely overturn our federal system and flaunt the conventional relationship between states.”

Skinner’s proposal extends beyond abortions. Also, it would safeguard doctors who send drugs for transsexual patients and contraceptives.

There are existing provisions in California preventing courts from enforcing judgments rendered outside of California against abortion providers and volunteers. The purpose of that statute was to safeguard medical professionals who perform abortions on out-of-state visitors to California. Proponents of abortion say that the U.S. Constitution has a clause that says states must give the laws of other states “full faith and credit,” and that measures like these go against that clause.

Federal courts have acknowledged an exception to that rule, and it pertains to legislation in one state that goes against the “public policy” of another state. According to Skinner’s law, it is against California’s public policy for doctors to be paid for prescribing abortion drugs.

We take great caution, Skinner added.

Since more than 20 years ago, it has been permissible to utilize abortion drugs in the United States until the 10th week of pregnancy. In the U.S., it is currently the most popular abortion technique. A federal judge in Texas is debating whether to delay or revoke the drug’s approval by the U.S. Food and Drug Administration, a decision that would be binding on all states, not just those that have banned abortions.

A total of 17 bills, including ones to increase access to contraception and safeguard patients’ privacy, have been introduced by Democrats in California this year to protect abortion rights, including Skinner’s bill.

SOURCE – (AP)