New York telehealth bill would allow doctors to provide out-of-state abortion counsel
A lawmaker said New York health care providers need the protection of state law to address "horrific conditions" caused by abortion bans in other states.
A10663 is sponsored by Assembly member Linda Rosenthal, D-Manhattan. After her recent filing, it was referred to the Committee on Health.
Rosenthal and the state’s Democratic-controlled legislature acted swiftly after the U.S. Supreme Court held in its landmark ruling in June that the Constitution does not confer a right to abortion, in Dobbs v. Jackson Women’s Health Organization.
The ruling gave states leeway to restrict or prohibit abortion, which is protected by state law in 21 states and the District of Columbia.
But it is at risk of being prohibited in 26 states and three U.S. territories, according to the Center for Reproductive Rights, which saluted Rosenthal’s bill filing.
Lizzy Hinkley, New York legislative counsel at the Center for Reproductive Rights, says “it is more important than ever to strengthen abortion protections where we can,” in the wake of the Supreme Court’s overturn of Roe v. Wade.
“We know that states hostile to abortion will not be satisfied with prohibiting abortion inside their borders—we’ve already seen blatantly unconstitutional attempts by lawmakers to even target residents traveling across state lines for care,” Hinkley says.
“We could see states take more extreme measures to try to penalize providers, which is why states like New York and Connecticut have passed interstate shield laws that will help to shield providers in their respective state from such efforts,” the lawyer adds. “In this unprecedented time in history, bills like New York’s Assembly Bill 10663 are critical to protect providers as well as patients, many of whom lack the resources or time needed to make long journeys across the country for care. We will continue tirelessly working state by state to expand access to abortion.”
Rosenthal previously sponsored legislation that Gov. Kathy Hochul signed into law protecting licensed healthcare practitioners against professional misconduct charges and adverse medical malpractice actions that result in rate hikes for performing abortions on women coming here from other states.
“To me, what was missing is protecting providers here in New York State, who over telehealth, discuss, counsel on abortion, and then provide medication for abortion through the mail,” Rosenthal says in an interview.
Coming to New York from one of the states where abortion is outlawed can be costly, considering flight or other modes of travel, hotel accommodations and childcare, Rosenthal says.
Massachusetts lawmakers approved a similar law on July 29. That state is working on the logistics of setting up providers the ability to mail abortion pills and provide other services.
National flashpoints in the abortion debate include a 10-year-old Ohio rape victim who traveled to neighboring Indiana for an abortion, and a Louisiana mother whose doctors advised her to get an abortion because the fetus she carried did not have a skull.
Abortion is banned in Ohio and Louisiana.
“Just horrific conditions, and that they would deny people abortion is just unthinkable,” Rosenthal says.
The lawmaker says New York has always been a haven ”for all kinds of people in all kinds of situations, so whether it’s immigration, asylum seekers, people who need the best medical care, aside from reproductive health care, all come to New York, and I know there are providers who are really anxious to help people in other states.”
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Dr. Linda Prine, a New York City family doctor who provides telemedicine abortion services, which include visits by video or phone, and what’s called asynchronous communication, which is when a patient fills out a medical history form to detail needs, says:
“There’s a bunch of us who are ready to go,” providing services to out-of-state patients if lawmakers and the governor sign the proposal.
“Why should people have to fly somewhere to get some pills,” says Prine, a national leader in reproductive healthcare advocacy.
“This is a very simple medication regimen and it works 99% of the time. It’s only because of politics that it’s restricted. What other medicines do we have where you can say it works 99% of the time,” the doctor says.
Some pro-choice activists had reservations about advancing the telemedicine piece last spring in New York, simply out of consideration for asking for “too much” at one time, Prine says.
“There was a lot of scramble at the end of the legislative session to try to get this added on to all of the shield laws that were passed, and we just weren’t able to do it,” she says.