The Texas Medical Board is set to clarify state law surrounding abortion, particularly the exceptions in cases where a patient's life or health is at risk. In a highly anticipated move, the board has indicated it will start a 30-day rulemaking process to provide much-needed guidelines. This follows a high-profile plea from two Austin lobbyists, Steve and Amy Bresnen, who petitioned the board for clearer rules ensuring critical care in medical emergencies involving pregnant women. The lobbying couple filed the request in January under a Texas law that allows citizens to propose rules to regulatory boards.
Nexstar reported that the petition from the Bresnens emerged in response to incidents where women with life-threatening pregnancy complications were denied care due to the state's stringent abortion restrictions. "We did not want the circularity that's created by one branch of government asking the other branch of government to do its job," Steve Bresnen told Nexstar. Meanwhile, actual lives hang in the balance. Multiple lawsuits, including one by a woman named Kate Cox, who faced a severe fetal diagnosis, have put a spotlight on the issue.
The guidance aims to assist doctors and patients in navigating the legal landscape of abortion in Texas where, according to state law, abortion is banned except for life-threatening physical conditions to the mother. The deliberations slated for March 22, follow a protracted period of uncertainty which left many in the medical community operating in fear of legal repercussions. "Every medical provider should know if a woman has a life-threatening condition she must be treated. Texas law does not stand in the way of that," Republican State Senator Bryan Hughes, the law's author, had previously said.
As the medical board considers its next steps, "It's a 180-degree attitudinal shift," Amy Bresnen said in a statement to the Austin American-Statesman. The board's chair previously indicated reluctance to issue guidance while related litigation was active. However, the board's attorney, Scott Freshour, wrote that "TMB has been considering rulemaking options since the statute went into effect," acknowledging the pressing need for regulatory clarity.
This development comes amidst a cacophony of voices from various stakeholders, including Texas OB-GYNs, pregnant patients, and lawmakers, who have been calling for the medical board to take action. Governor Greg Abbott and the state's highest court have also requested guidelines for cases in which pregnancies can be legally terminated. After the board finalizes its draft language, a public comment period will unfold, allowing for input before any new guidance is cemented into practice.
