Monday, February 3, 2025

Medical Aid in Dying - Extraterritorial Prosecution?

Some states (like Texas and Louisiana) have begun prosecuting clinicians in other states (like New York) for providing abortion to their residents. What does this mean for MAID?

Abortion clinicians typically meet with the patient by telehealth and then write a prescription that is mailed to the patient in the state that has criminalized abortion. In short, these abortion clinicians are acting within the other state.

In contrast, MAID clinicians (in all 11 MAID jurisdictions) are careful to conduct all aspects of MAID (e.g., counseling, examining, prescribing) within the MAID state. That way, no conduct related to MAID has occurred (either in person or telehealth) in the non-MAID state. 



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