On Monday, New York Gov. Kathy Hochul (D) signed legislation into law (S.36A/A.2145A) that reinforces protections for prescribers of abortion pills in the state. The new law permits abortion pill bottles to display the name of the prescribing health care practice instead of the individual provider’s name in an effort to safeguard New York providers from civil and criminal liability in other states.
“Reproductive freedom will always be protected in the State of New York — and I’ll never back down from this fight,” Hochul said in a statement. “I’m taking action to strengthen protections for health care professionals and their patients, ensuring New York is a safe haven for anyone providing or receiving reproductive care.”
Since the Supreme Court overturned the constitutional right to an abortion in Dobbs v. Jackson Women’s Health Organization in June 2022, 29 states have restricted abortion access and 12 states have enacted total abortion bans, according to the Guttmacher Institute. More than half of women aged 18 to 49 now live in states with some level of abortion restriction.
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“At a time when fundamental rights are under attack across the country, we are doubling down on our commitment to safeguard access to reproductive health care and defend those on the frontlines of this battle,” Hochul said in a statement.
In response to the nationwide rollback of abortion rights and access, New York has taken steps to protect reproductive rights. It is among 18 states, along with Washington, D.C., that have enacted abortion shield laws. These laws protect patients, providers, and others from out-of-state abortion restrictions by blocking extradition, barring state agencies from cooperating with out-of-state investigations, subpoenas or prosecutions, and shielding telemedicine providers from penalties under other states’ laws.
“Thanks to New York’s shield law, providers in the State can provide medication used to treat abortion to patients in hostile states, assisting women who might otherwise struggle to access abortion care,” a press release about the legislation stated.
S.36A/A.2145A bolsters New York’s shield law by enhancing privacy protections for health care providers who prescribe abortion medication across state lines. By allowing prescribers to use their practice name on prescription labels, the law helps shield them from legal threats in states with restrictive abortion laws. It also ensures pharmacy compliance and requires patient notification, further safeguarding both providers and those seeking care.
The law went into effect immediately, just days after a Louisiana grand jury indicted New York doctor Margaret Carpenter and her company, Nightingale Medical, PC, and issued a warrant for Carpenter’s arrest. Carpenter had provided abortion pills to a patient in Louisiana, which has one of the nation’s strictest abortion bans. Carpenter is also facing legal action from Texas Attorney General Ken Paxton, who is seeking fines of up to $250,000, alleging that she violated Texas law by prescribing abortion medication to a patient in the state.
“After today, that will no longer happen,” Hochul said at the bill signing.
Hochul has said that she intends to advocate for additional legislation this year to ensure that pharmacists honor doctors’ requests to exclude their names from prescription labels.
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