Two attorneys sought clarity from the Texas Medical Board on the criteria for a medical exception under the state’s abortion laws. This clarity request follows the Texas Supreme Court’s dismissal of a Dallas woman’s petition to end her nonviable pregnancy.
Regarding this, lawyers and lobbyists Steve and Amy Bresnen filed a petition. They urged the Texas Medical Board to provide “clear guidance” on the permissible circumstances for abortions under the current law.
Dr. Sherif Zaafran, the board’s chair, mentioned that the agency is reviewing the petition and will respond by the weekend. After the near-complete Texas abortion ban in the summer of 2021, women shared how the state denied them crucial abortions for complex pregnancies.
While these women believed they met the criteria for abortion under the state’s limited medical exceptions, their doctors chose not to proceed. Why, you may ask? According to the women, the doctors cited apprehension or uncertainty regarding the law.
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Also, in an email sent to the Texas Tribune, Steve Bresnen stated, “It’s time for the Medical Board to get off the sidelines.” Bresnen noted that life-threatening conditions related to pregnancy driving women out of state for abortion care is not acceptable. “The Legislature, the Governor, the Supreme Court of Texas, and physicians have asked for clarity,” he said.
“And the TMB has the power to provide it. There is no excuse for any further delay.” Notably, Texas revokes a doctor’s license for violating the state’s abortion laws. Therefore, the Texas Supreme Court asked the medical board to offer doctors more straightforward guidance in December. This occurred following the rejection of Dallas resident Kate Cox’s medical abortion request.
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Similarly, in response to the court’s request, the Bresnens sought clarification from the board. Their petition seeks clarity, urging the board to outline measures for doctors to align their decisions with the medical exception standards.
Moreover, the petition urges the board to prohibit complaints against doctors with specific evidence of illegal abortion in Texas. Steve Bresnen stated, “The downside risks of performing (an abortion) in an uncertain world are that you can lose everything, including your freedom, for 99 years.”
Physicians and hospitals need clear state guidance, defining exceptions, and offering a roadmap to reduce legal risks. In response, the TMB can publish a rule on the medical exception in the Texas Register.
However, publishing the said rule would initiate a 30-day comment period. Afterward, the general public and relevant entities can give feedback. Following this period, the TMB would issue a final rule.
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