California lawmakers move to codify abortion shield rules, protecting out-of-state prescribers

California lawmakers are moving to make abortion shield laws permanent by writing them into state law. These laws protect doctors and nurses from prosecution when they prescribe abortion pills to patients in states where abortion is banned, according to Missoulian.
Right now, 13 states have banned abortion outright. Another 28 states ban it somewhere between six weeks and viability. Shield laws have become a key tool for providers in states like California to keep serving patients across those lines, The Independent reports.
The bill was proposed by state Assembly member Rebecca Bauer-Kahan. It would take some decisions out of the governor's hands. Specifically, it would require governors to deny extradition requests for providers who prescribe abortion pills across state lines, according to Channel 3000.
Right now, Arizona, California, Michigan, North Carolina, and Pennsylvania all rely on executive orders for their shield protections. An executive order can be reversed by the next governor. Passing a law would put California on firmer legal footing, Crossroads Today reported.
Twenty-one other states and Washington, D.C., have similar shield laws. Critics argue these laws let some states ignore the legal decisions of others. They call it an attempt to nullify laws in states where abortion is restricted, according to STL Today.
The debate reflects a growing legal standoff between states. States that ban abortion want to prosecute providers. States with shield laws say they will not cooperate with those prosecutions.
People living in states with total abortion bans are increasingly getting abortion pills through telehealth. A provider in California can prescribe pills online to a patient in Texas, for example. The Guttmacher Institute tracks this trend and says it is growing, according to Missoulian.
That access could soon change. The Food and Drug Administration is conducting a safety review of abortion pills. Depending on the outcome, nationwide access to the medication could be affected, The Independent reported.
Mississippi, Oklahoma, and South Dakota have all moved to restrict abortion pills directly. Governors in all three states signed bills this year that make it a crime to sell, buy, or distribute medication that induces an abortion, according to Tucson.com.
These new laws set up a direct clash with shield states like California. If a California doctor prescribes pills to a patient in Oklahoma, that doctor could face criminal exposure in Oklahoma — even if California law protects them at home.
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