The Texas Medical Board has refused to list specific exceptions to one of the most restrictive abortion bans in the U.S., causing concern among physicians who say the law is dangerously unclear. The lack of exceptions in cases of rape or incest, as well as the broader issues surrounding the law, are beyond the authority of the board, which is predominantly male. Despite calls for clarity from opponents, the board insists that they can only do so much and that rewriting the law would be up to the Legislature. Critics argue that more needs to be done to shield doctors from prosecution for performing abortions under medical exceptions, as the consequences can be severe.
The board’s proposed guidelines on exceptions to Texas’ abortion ban advise doctors to carefully document their decision-making process when determining if continuing a woman’s pregnancy would threaten her life or impair a major bodily function. However, the guidelines offer few specifics, leaving some doctors, attorneys, and women who have left the state for abortions feeling unsatisfied. Concerns about criminal exposure for doctors performing abortions under medical exceptions have been raised, as a conviction in Texas can result in up to 99 years in prison, a $100,000 fine, and the loss of a medical license. The board decided against listing specific medical conditions that might apply due to the nuanced circumstances that can vary case by case.
Anti-abortion advocates praised the language in the guidelines that defer to doctors’ “reasonable medical judgment” on whether or not to perform an abortion under the medical exceptions. Texas Right to Life, the state’s largest anti-abortion group, expressed satisfaction that the guidelines are not weakening the existing laws and defer to medical judgment rather than listing specific circumstances. The public now has an opportunity to comment on the board’s proposed guidelines as the state grapples with the implications of the U.S. Supreme Court’s decision to restrict abortion rights in June 2022, leading to confusion in some Republican-controlled states over how exceptions should be applied.
The case of Kate Cox, a mother of two from Dallas who sued the state for the right to obtain an abortion after her fetus developed a fatal condition, exemplifies the challenges faced by women seeking abortions in Texas. Cox was forced to leave the state for an abortion after the Texas Supreme Court ruled that she had not shown her life was in danger. The court called on the state medical board to offer more guidance, leading to the current discussions on exceptions to the state’s abortion ban. With the board comprised mostly of men and only one obstetrician and gynecologist, concerns about the clarity and enforcement of the law persist among opponents who have been pushing for changes for nearly two years. The ongoing debate highlights the complexities and ethical dilemmas surrounding abortion laws in Texas and other states with restrictive measures in place.
Despite calls for clarity and specific exceptions to be included in the guidelines, the Texas Medical Board maintains that it can only provide so much guidance within the confines of the existing law. The board’s efforts to define what the law says without rewriting it are met with mixed reactions from critics who argue that more needs to be done to protect doctors and ensure women’s access to necessary medical care. The potential consequences for doctors and patients under the current law, as well as the implications of the U.S. Supreme Court’s decision on abortion rights, underscore the urgency of addressing the challenges faced by women seeking abortions in Texas. Public feedback on the proposed guidelines will shed light on the ongoing debate and the broader implications of restrictive abortion laws in the state and across the country.
