Louisiana Legislature targets out-of-state doctors who provide abortion pills
Packages of Mifepristone tablets are displayed at a family planning clinic on April 13, 2023 in Rockville, Maryland. (Photo illustration by)
The Louisiana Legislature has approved a bill targeting out-of-state abortion-inducing drug providers, giving more time to individuals who want to sue someone who performed, attempted to perform or substantially facilitated an abortion.
The legislation is part of an effort from anti-abortion advocates to crack down on doctors who ship abortion-inducing medication to states where the procedure is illegal. In nearly all instances, abortion has been illegal in Louisiana since the U.S. Supreme Court overturned Roe v. Wade in June 2022.
House Bill 575 by Rep. Lauren Ventrella, R-Greenwell Springs, easily passed both chambers. She dubbed her proposal the 'Justice for Victims of Abortion Drug Dealers Act,' though it would apply to all forms of the procedure. It extends the window for abortion lawsuits from three years to five years and allows out-of-state doctors and activists to be sued.
The bill will become law unless vetoed by Gov. Jeff Landry, which is unlikely.
Ventrella's bill has the support of Attorney General Liz Murrill, who is currently prosecuting a case against a New York doctor accused of providing abortion-inducing medication to the mother of a pregnant minor in West Baton Rouge Parish. Gov. Kathy Hoschul has refused to extradite the doctor to Louisiana to face charges, citing New York's shield laws.
The doctor and the minor's mother were both indicted. Murrill has alleged the minor was coerced to take the medication, though her mother was not charged with this crime.
Ventrella's legislation was substantially whittled down throughout the legislative process. In its original state, it would have allowed the 'mother of the unborn child,' her parents, the man who impregnated her and his parents as potential plaintiffs. The man would have been unable to sue if the pregnancy was the result of rape, sexual assault or incest.
The measure also would have allowed the plaintiffs to sue anybody who facilitated the abortion, with this term originally being undefined. It also would have allowed drug manufacturers to be sued.
The legislation received bipartisan pushback, with multiple lawmakers raising privacy concerns.
Last year, Louisiana lawmakers classified mifepristone and misoprostol as controlled dangerous substances. Both are used in medication abortions but also have other uses, including to stop life-threatening postpartum hemorrhages. Medical professionals opposed the move, warning the designation could make the drugs more difficult to access in time-sensitive medical crises.
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