With HB 7 in Force, Texas Sets Stage for Nationwide Battle Over Mailed Abortion Pills

The latest abortion limitation in Texas takes effect this week, broadening the state's civil enforcement method and setting up a judicial battle that might affect Dallas and state telehealth providers.

House Bill 7, effective Dec. 4, allows private individuals to sue Texas health care professionals who “make abortion medications available” for $100,000 for each violation. According to supporters, the measure might apply to drug producers but not to abortion recipients.

Texans have relied on sending abortion pills since Roe v. Wade was overturned, and the law is one of the most stringent initiatives to curtail telemedicine abortions. Researchers report that telemedicine performs nearly one in four abortions, with half occurring in states that prohibit abortion.

Major telehealth practices claim HB 7 will not stop them. Three prominent Texas physicians indicated they will continue prescribing and mailing abortion drugs under shield laws in places where abortion is permitted. No Plan C provider has retreated, according to access director Elisa Wells. Wells said, “If anything, the implementation of this law makes people more determined to help folks in Texas access abortion pills.”

Pharmaceutical companies Danco and GenBioPro declined to comment on how the law might affect distribution.

Anti-abortion supporters promise to sue after the law takes effect. According to Texas Right to Life president John Seago, the organization is forming a network of activists and partners to pursue cases. “We are forming partnerships and preparing a team for potential lawsuits by the end of the year,” Seago stated.

Texas regulations will clash with shield laws in New York, Massachusetts, and California, which prohibit state officials from enforcing out-of-state abortion penalties. These states' providers claim they are not liable for providing legal services.

Several connected cases are ongoing. This year, Texas Attorney General Ken Paxton sued a New York doctor for sending abortion drugs, but New York declined to enforce the Texas ruling. Abortion is death, according to attorney Jonathan Mitchell, who has sued telemedicine providers for wrongful death.

These instances, including one involving California doctor Mitchell, may change under HB 7 and influence how aggressively Texas applies its new rule, health care providers believe. “That will provide us with some information about what this will look like and how that moves through the courts,” said Massachusetts Medication Abortion Project founder Dr. Angel Foster.

Telehealth providers throughout Texas, including Dallas-Fort Worth, will continue to serve patients. “We’re not changing our practice,” Foster added. We do not expect any changes to HB 7.