Texas Medical Board provides some clarity on abortion ban exemptions

Texas doctors don't need to wait until a pregnant person is at risk of death to provide them an abortion, per new guidance from the Texas Medical Board.

Why it matters: Texas law prohibits performing an abortion, offering exemptions when the life or health of the pregnant patient is at risk. Violators face felony charges, fines or revoked medical licenses.

• The law has led to confusion and fear among many doctors and patients.
• The Texas Supreme Court last month declined to clarify when a medical emergency justifies an abortion in a case brought by 22 women who suffered complications during pregnancy.

The big picture: The Texas Medical Board's new rules offer protections to doctors who perform abortions for ectopic pregnancies or previable premature rupture of membranes .

• Doctors also don't need to wait until the condition is life threatening or will impair a major bodily function in order to perform an abortion, the board said.
• "This is a very emotional, highly personal issue and subject to exceptionally differing viewpoints," the board said in a news release .

Flashback: The U.S. Supreme Court overturned Roe v. Wade two years ago Monday, effectively ending all federal protections on abortion.

• Texas banned all abortions after the court decision, offering few exemptions.

State of care: Texas law requires doctors to use "reasonable medical judgment" when deciding if their patient qualifies for an abortion.

• Providers should document their decisions and reasonings in the patient's medical files, but can wait until after the care is provided in emergency situations.

Yes, but: The board declined to provide a list of conditions that would permit an abortion, saying each patient's situation is different and that listing certain conditions may make it more difficult to treat unlisted conditions that would also qualify for a legal abortion.

• Any broader changes to the abortion law would have to be made by lawmakers, the board said.

The other side: Many doctors and professional organizations were looking for more clarity from the board on conditions that allow for an abortion in Texas.

• The Center for Reproductive Rights says the medical board's new rules "fall far short of the protections needed for pregnant Texans and their doctors."
• "This lackluster response from the Texas Medical Board underscores the ongoing challenges and struggles faced by individuals seeking access to abortion services," the center's senior attorney, Molly Duane, said in a statement.

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