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Texas' HB7 Imposes $100,000 Civil Penalty on Mailing Abortion Pills as Law Takes Effect Thursday

Telehealth providers plan to rely on shield laws despite threats of private lawsuits.

Overview

  • Starting December 4, any private citizen can sue those who manufacture, distribute, mail, or provide abortion medications into Texas, with a minimum $100,000 award per successful claim, while patients are not liable.
  • The law is designed to deter telehealth prescribing and shipping of abortion pills into the state, extending potential civil liability to drug manufacturers and distributors.
  • Major telehealth practices say they will keep serving Texans by prescribing and mailing pills from shield-law states, with advocates noting 18 states have such protections and eight explicitly cover telehealth providers regardless of patient location.
  • Anti-abortion groups, including Texas Right to Life, are organizing plaintiffs and say they will file suits once HB7 is in force, as related cases proceed involving Texas AG Ken Paxton and wrongful-death claims that may be amended under the new statute.
  • Danco and GenBioPro, makers of mifepristone, declined to say how they will respond, and local reporting notes HB7 includes exceptions for medical emergencies such as ectopic pregnancy and miscarriage care.