In effort to clarify abortion law, Texas Medical Board defines 'medical emergency'
DALLAS - The Texas Medical Board has proposed a general definition for emergency medical exemptions to the state’s strict new abortion ban.
The news is disappointing to some advocates who wanted a specific list of conditions that would qualify.
Two Austin lawyers asked the board to come up with clear language after a Dallas woman left the state to get an abortion.
Last year, doctors told Kate Cox her fetus had a fatal condition, and her life would be in danger if she gave birth.
Cox asked permission to have an abortion that was exempt from the state’s law.
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A judge gave Kate Cox, a mother of two from the Dallas area, permission last week but that decision was put on hold by the state’s all-Republican high court.
The case worked its way up to the Texas Supreme Court, which rejected her argument.
That forced Cox to leave the state to get the procedure done legally.
On Friday, the board proposed rules to define a "medical emergency" as a life-threatening condition certified by a doctor.
The board was really general in its "proposed rule" and did not give guidance on exceptions specific to certain medical conditions.
Instead, it leaned heavily on a recent Texas Supreme Court ruling putting the decision in the hands of each doctor.
"Medical judgement is really not whittled down to a list of conditions. You're really looking at the totality of an issue that goes beyond a specific circumstance," Texas Medical Board President Sherif Z. Zaafran said.
The one condition the board named as a qualifying exception was "ectopic pregnancies," which are 100% fatal to the fetus.
"Things may change, as far as what medicine will do save a baby's life. So a condition that may apply now may not apply later on," Zaafran added.
In a statement, the Center for Reproductive Rights, which represented Cox in her court case, said, in part:
"While we are hopeful that the Texas Medical Board will take seriously this opportunity to help clarify the medical exception to Texas’s abortion ban, its current proposal falls short of that goal."
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The two Austin lawyers had hoped the board would clarify exemptions to the state’s abortion restrictions.
"What we're trying to do is get the medical board to give a better illumination of what the words ‘reasonable medical judgment’ means because that's the justification for being able to perform an abortion under those circumstances," said Steve Bresnen, who petitioned the board's review.
Amy Bresnen, who also petitioned the board, said a clarification would give families the comfort of knowing their physician can adequately treat them during pregnancy.
"In December, when the Texas Medical Board was approached about whether or not they’re going to take up rule writing, they indicated they would not do so until the end of litigation. As lawyers, we know that litigation is endless. So that’s not a satisfactory answer," she said.
The board's initial move appears to do little to help calm the nerves of Texas medical providers afraid to give women abortions, even if they deem them medically necessary, due to fear of prosecution or losing their medical licenses.
"That's what brought us here. You've got people who are scared to death. Facing death and are scared to death," Steve said.
"As we move forward, we ask you not let the perfect be the enemy of the good. We also ask that you not make this situation worse," Amy said.
The 16-member board, appointed by Texas Governor Greg Abbott, normally handles complaints against physicians, not clarification of state laws.
It will take public input on the rules for 30 days and will hold at least one meeting to gather input.
"I do think it'll be interesting to see who participates and what exactly they offer to the board to try to influence them on the things that the board is interested in hearing," constitutional law attorney David Coale said.
Medical board staff will then review the comments they receive and present rules to the board.
The board can then adopt the rules as written or make changes.
The board's next meeting is in June.