Doctors in states where abortion is legal are likely to be the next target for anti-abortion activists who want to deter residents from seeking abortions across state lines, say legal experts.
"Doctors should do what they think is medically necessary, but they should be aware of potential criminal and/or civil consequences in a patient's home state, especially if those states have staked out more extreme positions on abortion such as Texas, Oklahoma and Louisiana," says Katherine Florey, JD, a professor at the University of California, Davis School of Law.
Florey also advises doctors to find out whether the patient's home state bans medication abortions."The courts or states could decide that the physician is practicing in the jurisdiction where the patient is located even if care is provided remotely. In that case, the doctor would have to comply with all the laws of that state."
If the doctor is in a state that has banned abortion and the procedure is illegal, they can't recommend something that the law doesn't allow, says Florey. Doctors may be required by some anti-abortion states to mention certain risks, especially to the mother's mental health, that could arise from abortions even if they are not well-supported by evidence, says Florey.
If physicians can't monitor the patients after their visit and something goes wrong, they are at greater risk of negligence and being sued for malpractice in the patient's home state, says Florey. 7. If a patient comes to me from another state, are there any residency requirements, or does the person need to find residence in my state for a period of time? Am I responsible for knowing their arrangements?
8. How can I protect the privacy of patients' medical records if they received an abortion or other reproductive care in the state?