AUSTIN, Texas — The Texas Medical Board (TMB) on Friday unanimously voted to adopt rules clarifying when doctors can perform abortions under the medical emergency clause.
In Texas, abortions are banned unless a woman's life is in danger or she is at risk of losing a major bodily function. Earlier this year, attorneys petitioned the TMB for clarification after multiple women sued the state, saying they were denied abortions despite facing dangerous complications.
"One does not need to wait until imminent harm is about to happen in order to act, and I can't emphasize that enough," TMB President Dr. Sherif Zaafran said. "It is the duty of the physician to be able to make that judgment call and be able to admit the patient and be able to do what is necessary to save that patient's life even though if it's not an imminent harm."
The rules specify that doctors have seven days after performing an emergency abortion to complete documentation explaining their decision.
In May, the board unveiled proposed rules that received backlash from doctors, Texas women and other stakeholders, who said the rules further complicated the law and put women in more danger. Specifically, one rule would have required doctors to confirm whether they could transfer a patient "by any means available" to a facility with a higher level of care to avoid an abortion.
The board removed that provision from the adopted rule.
"Part of the medical judgment may be or may include appropriate transfer if it's needed, if it's not because things need to happen in more timely fashion, then it shouldn't have to be included," Zaafran said.
Attorneys and lobbyists Steve and Amy Bresnen filed the petition with the board to establish the guidance. The Bresnens and others say the guidance does not go far enough, not spelling out conditions or giving examples of when abortions can legally be performed.
"It's a long, dark road," Amy Bresnen said. "This is just the beginning and there were some improvements, I don't know what that will look like in practice on the ground, I guess time will tell."
The rule now goes to the Texas Secretary of State. Once published, it will go into effect 20 days later.