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Senate Texas Republicans have introduced a bill aimed at making it more clear that doctors can save the lives of pregnant patients despite the state’s near-simultaneous abortion ban. The bill aims to clarify existing laws rather than expanding abortion access or changing exceptions.
Senator Brian Hughes, author of one of the state’s abortion bans, has introduced Senate Bill 31. This bill is one of Lt. Col. Dan Patrick’s priorities. A bill coincided with the House has been introduced by Rep. Charlie Gueren, a Republican from Fort Worth.
There are exceptions to Texas abortion laws that save lives for pregnant patients. However, since the law came into effect, doctors say that vague language and strict penalties have left the uncertainty of when they can actually intervene at their own whim. Despite the lawsuits, court decisions, and guidance from the Texas Medical Board, the confusion and fear continues for doctors and attorneys who are counselling them.
Until recently, Texas Republicans had argued that the law was clear. Hughes wrote the OP-ED in the Houston Chronicle entitled “I wrote the Texas abortion law. I’m very clear about medical emergency.” Anti-abortion groups argue that the law works the way it intended, as several abortions are performed each month.
However, at least three women have died, and dozens have reported that doctors have been delayed or denied medical care due to hesitation to act. In January, Patrick said he was open to clarifying the law “if you think your mother’s life is at risk, doctors should not be afraid of being punished.” Hughes repeatedly sentiment and agreed to carry the bill.
The bill repeats existing laws that allow doctors to remove ectopic pregnancy or fetal bodies after a miscarriage. It also conforms to the definition of a medical emergency and existing state law, making it clear that a doctor or lawyer can speak to patients about medically necessary abortions without being considered “assistance and be.” The bill also makes it clear that doctors do not need to delay, change or withhold life-saving medical care to try to maintain the lifespan of their fetus.
The bill brought previous guidance from the Texas Supreme Court to state law, ruled that a medical emergency does not need to be made imminent or irreversible before physicians can intervene in the law. It also proposes continuing education requirements for lawyers and physicians to better educate them on the interpretation and application of these laws.
Texas bans almost all abortions after a six-week pregnancy in 2021, and the state Roev. Wade protection with a legal loophole that can make you skirt. After the Supreme Court overturned the 50-year-old precedent in 2022, the state banned abortions from the moment of conception.
Doctors with prohibited abortions can face life in prison, with fines of $100,000 and medical license losses. Doctors report delaying care until a patient is nearing death, or pursuing medically risky but legally safer procedures. Others say they limit the ability of hospital administrators and lawyers to practice the drug in full.
The bill is unlikely to satisfy abortion supporters. He wants to restore access to procedures more widely, or some doctors say the state should not make decisions with patients.
However, Democrats and healthcare providers are on board and see SB 31 as a necessary stop gap measure to ensure pregnant women are able to receive the treatment they need.
“Doctors want to feel safe to provide medical care,” said Dr. Todd Ivy, a Houston alumni/Gyn who has become open to the law. “We hope that there’s no need to worry about criminal prosecution and the threat of civil liability. I think this bill comes a really long way to help with that.”
Ivey’s ideal bill would allow abortion in cases of fatal fetal abnormalities or even in pregnancy caused by rape or incest. But he hopes the law is the beginning of a point that will help “relieve the calm effects” the law has had on doctors and hospital managers.
Rep. Anne Johnson, a Democrat from Houston, has signed HB 44 as co-author. In the last session, she quietly passed the bill with Hughes. Hughes produced positive defenses for ectopic pregnancy or physicians who performed an abortion after an early membrane rupture. She was ready to “harm and nail” her methods to protect doctors more in this session, so she is excited to see the public’s bipartisan support for this wider reach bill.
“Let me be clear too, I’m a Democrat. I’m in favor. This is not a choice-choice bill,” she said. “This is a medical exception law purely dealing with pregnancy complications, but in my opinion I’m actually working on the horrifying stories I’ve heard from a woman who has had pregnancy complications and has been delayed in treatment.”
Johnson said he has had thoughtful conversations with his colleagues across the aisle on the issue, and hopes that the bill will allow him to move around the room easily.
“In a moment of almost complete political dysfunction, this is a bit of a hope that you can have an overwhelming, bipartisan coalition of people to solve problems that require immediate attention,” she said. “Let’s do this.”
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