Texas Medical Board proposes new guidance for abortion medical exceptions

Executive Director of the Texas Medical Board Stephen Brint Carlton, J.D., speaks prior to the start of the Texas Medical Board Full Board Meeting in the George H.W. Bush Building in Austin, Texas on Mar. 22, 2024.The Texas Medical Board proposed a general definition for emergency medical exceptions to the state’s otherwise strict abortion ban at its meeting Friday, disappointing some advocates who were seeking a specific list of conditions that would qualify.

However, the board said its process would be “separate and independent” from any in a criminal trial. It also defined “reasonable medical judgment” as “medical judgment made by a reasonably prudent physician knowledgeable about a case and the treatment possibilities for the medical conditions. Involved.”For at least 30 days, there will be space for public comment before the board puts a final rule into place. The board most likely will address the rule again in June, said Dr. Sherif Zaafran, president of the Texas Medical Board.

“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. Guidance, essentially, is like giving an FAQ: ‘here's what we think this means,’” Zafraan said. “A rule is essentially something that has the force of law to it, something that we don't like to wade into unless we do it very carefully.”

“It's not sufficient to fully protect doctors,” Moorhead said. “There's nothing the board can do to fully protect doctors because of the way jeopardy for doctors is baked into the bill.”

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