The Texas Medical Board is currently deliberating over new guidelines that may give physicians a clearer shot at when they can legally perform abortions in cases of medical emergencies. This initiative emerges in the backdrop of the state's stringent abortion bans, prompting the need for a more concrete understanding among healthcare professionals. The board initiated a public live stream of the meeting set for Friday, as reported by KXAN
President of the Texas Medical Board, Dr. Sherif Zaafran, expressed that the proposed rule change was hoped to help better define the term "medical emergency," as it pertains to the state's abortion ban. The move comes after demand from the public for clearer guidance as Texas physicians navigate the complications involved with the law. "The idea of doing guidance just for the sake of doing guidance was something that we didn't feel like it wasn't our place to get into," Zaafran told CBS Austin. The proposed definitions would give doctors a framework to document the necessity of an abortion, using criteria like diagnostic results, medical literature, and attempted alternative treatments.
Advocates, on the other hand, were looking for a specific list of conditions that would fall under the medical emergency exemption, but the board's definition took a more general approach. It defined a "medical emergency" as "a life-threatening condition aggravated by, caused by, or arising from a pregnancy that places the woman in danger of death or a serious impairment of a major bodily function unless an abortion is performed," as cited in CBS Austin. Following the introduction of the proposed rules, a public comment period will last for at least 30 days before finalization.
Despite the board's efforts, Amy Bresnen, one of the attorneys who filed the petition for clearer guidance, voiced disappointment, stating, "The separation of the board's determination from criminal trials defeats the entire purpose." This sentiment echoes the concerns of healthcare providers, who in 2023, reported 52 abortions they termed as medically necessary to preserve the life or health of the woman, as per CBS Austin. Dr. Andrea Palmer, an OB/GYN from Fort Worth, emphasized the difficulty in delineating every possible medical exception to the ban, remarking, "It's going to be darn near impossible to outline every possible exception. I would argue — this is why we shouldn’t legislate medical care."
