Amidst the outcry for clarity on Texas's stringent abortion laws, the Texas Medical Board has been pushed to provide guidance but remains tight-lipped. Despite a petition filed by attorneys Steve and Amy Bresnen, the board has yet to define what constitutes a medical exception to the state's near-total ban on abortion. In an email to The Texas Tribune, Steve Bresnen stated, "It's time for the Medical Board to get off the sidelines," emphasizing that women's health consequences should no longer be ignored.
The pressure on the board surged following the Texas Supreme Court's denial of Dallas resident Kate Cox's bid for an emergency medical abortion. In response to the court's request for more interpretation support, the medical board, led by Dr. Sherif Zaafran, is seemingly opting to wait out the current judicial processes. Zaafran's stance was clear as he told The Texas Tribune, "It wouldn’t be appropriate for us to start making any kind of movement or decisions while all that is out there still being adjudicated." This decision to hold back has left many physicians and patients in a precarious limbo.
Experts have criticized the current restrictions for being impractical and dangerous. Molly Meegan, the chief legal officer at the American College of Obstetrics and Gynecologists, argued in an interview with The Texas Tribune that the written exceptions "don't work in real life." With prosecutors and the attorney general's office potentially pursuing criminal charges and astronomical fines, doctors are rightfully wary of proceeding without explicit state guidance.
While the Texas Medical Board has previously provided advice on other controversial medical topics like COVID-19, their silence on abortion has been conspicuous. The board's enforcement arm operates on a complaint-driven basis, but as Zaafran states, the board tries "to go by the science, by the facts." This stance leaves grave uncertainty for medical professionals who face up to 99 years in prison for making a wrong call in a complex situation—a stark reality laid bare by the Bresnens' petition.
