Texas medical board proposes guidance for exceptions to abortion bans

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Texas medical board proposes guidance for exceptions to abortion bans
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The board has not yet voted on adopting the guidance.

The Texas Medical Board discusses guidance around physicians for medical exceptions to the state's abortion ban laws at the George H.W. Bush State Office Building, March 22, 2024.The Texas Medical Board released guidance on what qualifies for an exception to the state's multiple abortion bans, weighing in on how physicians can provide care in medical emergencies.

Despite being called on to elaborate on the wording of the bans, the Medical Board said it is not their jurisdiction to determine what the law should be, but they sought to elaborate on how physicians should provide care. The Texas Medical Board discusses guidance around physicians for medical exceptions to the state's abortion ban laws at the George H.W. Bush State Office Building, March 22, 2024.The record-keeping of the physician's thought process and medical decisions is what would determine whether the physician's actions met the standard of care or not, Zaafran said.

The new rules proposed exclusions for procedures to remove ectopic pregnancy, the remains of a dead fetus, or procedures meant to save the life of the unborn fetus, saying they are not all abortions. The treatment for an ectopic pregnancy is an abortion.After a portion of the rules was read during the board meeting on Friday, the floor was opened up to members of the public wishing to comment on it.

Anti-abortion protesters pray as demonstrators gather outside City Hall during a Bans Off Our Bodies rally in Houston, TX, on May 14, 2022.The lead plaintiff in the lawsuit, Amanda Zurawski, told the board the guidance is very confusing and she is concerned it would add further burdens on physicians -- with documentation requirements -- and potentially delay care.

Stephen Brint Carlton, Texas Board executive director, responded that the documentation should not delay care and can be done retroactively.

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