Posted on 02/18/2025 10:11:18 AM PST by Morgana
New York abortionist Dr. Margaret Daley Carpenter has been fined $100,000 and is permanently banned from prescribing and shipping abortion drugs to Texas residents.
This case could open the door for Texas to take further legal action against one of the largest organizations in the illegal abortion cartel: Aid Access.
Carpenter works with Aid Access, a website that unlawfully sent 19,000 abortion pills straight to pregnant women’s homes and dorm rooms in a single year. The organization and Carpenter ignore Texas’ Pro-Life laws, which ban elective abortion, including abortion pills, except to save the mother’s life or prevent major bodily harm.
Texas Attorney General Paxton sued Dr. Carpenter in December. His petition asked the judge to permanently block her from illegally prescribing and supplying any more abortion-inducing drugs to Texans.
Prior to this lawsuit, Carpenter sent two abortion pills to a Texas woman. The 20-year-old was hospitalized for severe bleeding after taking the drugs, and her nine-week-old preborn baby passed away. Her trauma highlights how abortion not only kills precious children but can harm mothers too. The child’s father had no idea what had happened—until he found the deadly pill packaging in their home in Collin County and realized she had undergone an illegal abortion.
When Carpenter didn’t respond to the lawsuit within 20 days, as required by Texas law, Paxton filed an updated petition. It pointed out that by not answering, Carpenter had effectively admitted all the facts in the lawsuit were true.
The court held a hearing on Wednesday. After that, Judge Gantt ruled in favor of Texas. Carpenter is now required to pay a $100,000 fine and is permanently banned from prescribing or sending abortion pills to Texas residents.
Attorney General Paxton stated in a press release, “Radical out-of-state doctors will not be allowed to peddle dangerous and illegal drugs in Texas to kill unborn babies. Any doctor attempting to do so will be punished to the full extent of the law.”
We applaud Paxton’s rapid and effective response to this attempted bypass of Texas laws. However, Carpenter is not the only one trafficking abortion pills into our state, and the issue is ongoing. Now is the time to urge Texas lawmakers to pass legislation to stop the abortion industry’s deadly tactics, hold abortionists legally accountable, and safeguard vulnerable preborn children.
Medical licenses are issued by the state and not the federal government. Thus to prescribe drugs in Texas, the Dr would need to be licensed in Texas.
If they ARE licensed in Texas, they are subject to the Texas disciplinary Board. If they are NOT licensed in Texas, they are practicing medicine without a license and again are subject to the Texas Disciplinary Board.
I have many Dr’s as friends and family. They all must be licensed in each state they practice unless they are exempt as Federal employees working at a federal institution.
The fine from the state is minimal in comparison to the potential medical malpractice suit payout. That is how you shut a Dr down as they really can’t practice without insurance. It only takes a couple of claims and their insurance premiums exceed their revenue potential.
Hochul is harboring criminals
She needs to go to prison. She needs to be made an example of to demonstrate what happens to people who break the law.
What about the pharmacies filling the prescriptions to a Texas address?
Remove her from office and lock her up.
My thoughts exactly.
Go after them too.
It is based upon the Dr who wrote the script.
Pharmacies are allowed to ship across state lines. If it requires a script from a Dr, they need to have one on file from the state where the patient is a resident.
Dr. Margaret Carpenter, MD, is a Family Medicine specialist practicing in New Paltz, NY with 28 years of experience.
Per the actual case filed by Paxton:
“Defendant Margaret Daley Carpenter, M.D. a/k/a Maggie Carpenter, M.D. a/k/a M. Carpenter, M.D. (”Carpenter”) is a physician licensed by the State of New York (license no. 236802) . She is not licensed as a physician in the State of Texas. “
” PETITION AND APPLICATION FOR
TEMPORARY AND PERMANENT INJUNCTIVE RELIEF
Dr. Margaret Daley Carpenter (Carpenter) of New York violates Texas law by providing abortion-inducing drugs to Texans through telehealth. Carpenter is not a licensed Texas physician, nor is she authorized to practice telemedicine in the State of Texas.
The Court should enjoin Carpenter from continuing to operate outside the bounds of the law and impose civil penalties for her violation of Texas law.
LEGAL BACKGROUND
7. The Texas Occupations Code defines “practicing medicine” as “the diagnosis, treatment, or offer to treat a mental or physical disease or disorder or a physical deformity or injury by any system or method, or the attempt to effect cures of those conditions, by a person who publicly professes to be a physician or directly or indirectly charges money or other compensation for those services.” Tex. Occ. Code § 151.002(a)(13)(A). A person who is physically located in another jurisdiction but who, through the use of any medium, including an electronic medium, performs an act that is part of a patient care service initiated in this state, including the taking of an x-ray examination or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient, is considered to be engaged in the practice of medicine in this state. Tex. Occ. Code § 151.056(a).
8. Texas law prohibits a person from practicing medicine in this state unless the person holds a license and complies with registration requirements. Tex. Occ. Code §155.001; Tex. Occ. Code § 165.159. See also Tex. Admin. Code §§ 174.8, 174.12(d).
10. An abortion in the State of Texas may only be performed by a physician licensed to practice medicine in the State of Texas. Tex. Health & Safety Code § 171.003. A physician performing or inducing an abortion, on the date the abortion is performed or induced must have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced. Tex. Health & Safety Code § 171.0031(a).
11. No physician shall treat or prescribe residents of the State of Texas with telehealth services, via communications technology, unless the individual possesses a full Texas medical license. 22 Tex. Admin. Code § 174.8. In addition, the validity of a prescription issued as a result of telemedicine medical service is determined by the same standards that would apply to the issuance of a prescription in an in-person setting. 22 Tex. Admin. Code § 174.5(a),(c). See also Tex. Occ. Code § 111.001(3),(4).
12. A physician or supplier may not provide to a patient any abortion-inducing drug by courier, delivery, or mail service. Tex. Health & Safety Code § 171.063(b-1).
13. Before a physician provides an abortion-inducing drug, the physician must examine the pregnant woman in person and such physician must ensure that the physician does not provide an abortion inducing drug for a pregnant woman whose pregnancy is more than 49 days of gestational age. Tex. Health & Safety Code § 171.063(c)(1),(6). A physician providing an abortion-inducing drug is required to schedule a follow-up visit to confirm that a woman’s pregnancy is completely terminated and to assess any continued blood loss. Tex. Health & Safety Code § 171.063(e).
14. The Texas Health and Safety Code generally prohibits a person from knowingly performing, inducing, or attempting an abortion. Tex. Health & Safety Code § 170A.002(a).
N.Y. Defies Louisiana’s Arrest Warrant for Abortion Provider Dr. Margaret Carpenter: ‘Never Cower in the Face of Intimidation’
PUBLISHED 2/5/2025 by Shoshanna Ehrlich | UPDATED 2/14/2025 at 6:18 A.M. PT
New York refuses to extradite Dr. Margaret Carpenter, reinforcing its telehealth shield law and challenging state abortion bans.
Update Feb. 13 at 10:10 a.m. PT: Louisiana Attorney General Liz Murrill signed an extradition order for New York-based abortion provider Dr. Margaret Carpenter and warned in a post on social media, “Dr. Carpenter needs to be careful with her travel plans.” Later, she said, “The doctor could be arrested in other places. If New York won’t cooperate, there are other states that will.”
Per the linked article:
If convicted, Carpenter could face up to 15 years in prison, $200,000 in fines and the permanent revocation of her medical license. But New York Gov. Kathy Hochul is refusing to yield any ground to this deep red state. As she stressed on social media, she signed New York’s telehealth shield law in order “to protect patients and doctors from exactly this kind of action,” and that she “would never under any circumstances turn [Carpenter] over to the state of Louisiana under any extradition request.”
In full accord, New York Attorney General Letitia James stated in a press release, “We will always protect our providers from unjust attempts to punish them for doing their job and we will never cower in the face of intimidation and threats.”
Louisiana District Attorney Tony Clayton, a prosecutor in the case, claimed to be “shocked” that Carpenter was not heading straight to Louisiana to turn herself in to law enforcement, notwithstanding her full compliance with New York’s shield law. Reproaching her, he insisted, “You broke the law in the state of Louisiana and you ought to come down here and answer the charges.”
The Texas and Louisiana cases are a frontal attack on New York’s telehealth abortion shield law. Like the laws in effect in seven other abortion-protective states, it flips the usual rule that the “practice of medicine occurs where the patient is located” and instead defines “legally protected reproductive [healthcare] … as having taken place where the licensed provider is located when they give care from their state.” By making the shield state the site of abortion care, telehealth providers who send abortion pills into ban states are protected from investigations and legal proceedings initiated by abortion-hostile state officials in response to the provision of abortion pills to a resident of their state.
Reinforcing New York’s pride in being a safe haven for abortion, on Feb. 3, Hochul signed a new bill adding another layer of protection for doctors who prescribe abortion pills. Similar to a Washington state law, doctors can now ask a dispensing pharmacy to list the name of their health care practice on the prescription label in lieu of their own name.
She’ll try to find some back door.
You have a lot of expertise about this.
Texas law ends at the borders with its surrounding states. Sorry this is a state’s rights issue and Texas has no legal standing , nor authority to pass judgement on any citizen not present inside it’s borders. They cannot enforce, nor cross into New York without NYS express permission either. NYS has laws valid in their sovereign land protecting their doctor’s. If Texas sent DPS to try to contact this Dr the DPS employees would be arrested and rightfully so they are violating NYS sovereignty. Sorry Paxton this is symbolic at best you have no authority in New York. The feds only get involved if a federal crime is committed and these drugs are FDA approved for nationwide use so the feds can’t get involved nor should they this is a state’s rights issue.
She’s only one of many.
Like the hydra beast from Greek mythology.
You sure don’t know the law.
Or the facts.
You sure don’t know the law.
Or the facts.
The first thing I would do is have the Dr’s license to write prescriptions removed. That is a federal license, not state. A doctor needs a medical license and a Drug Enforcement Administration (DEA) license to prescribe medication, including controlled substances. New York has no control over DEA licensing and disciplinary actions.
Second, I would make sure she is sued for malpractice in Texas. Jurisdiction definitely would be Texas, the location of the treated patient.
She would be forced to come to Texas for the proceedings and to defend herself, at which time she can be detained for further prosecution.
Finally, I would go after her business assets, even in New York. Judgement notice enforcement is not restricted by the state.
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