Texas Medical Board adopts rule for doctors offering emergency abortions

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The board's guidance is aimed at providing some clarity to physicians working within the narrow emergency medical exception to Texas' abortion ban.

The Texas Medical Board's guidance outlines what documentation doctors will need if they perform a medically necessary abortion.Abortions are only legal in Texas in order to preserve a pregnant person’s life or a major bodily function.

The final rule adopted on Friday maintained these provisions, with some adjustments in response to concerns expressed by physicians.The adjusted rule specifies that doctors have up to seven days to formally document their decision-making process. It also removes a controversial requirement for doctors to document whether it was possible to transfer patients to a facility where a “higher level of care” was available.

Adjustments were also made to specify that abortions are allowed in order to remove an ectopic pregnancy, as is already defined in state law, and to clarify that the emergency does not have to be imminent in order for a legal abortion to occur. “What we've done here is we've outlined within the law itself and within the rules that are already in existence, what we feel and what we believe that standard of care is,” Zaafran said.Before voting, certain board members expressed concern that some physicians might still feel hesitation in emergency situations.

Board members also seemed to acknowledge the limitations of the board to provide confidence to physicians navigating an inherently subjective statute.

 

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