Texas Medical Board Fails to Clarify Abortion Ban Exceptions
The Board has issued finalized rules on Texas’ abortion ban exceptions, falling far short of providing meaningful protections
6.21.2024 (PRESS STATEMENT) — Today, the Texas Medical Board published rules to purportedly clarify exceptions to the state’s harsh abortion bans. The rules were published after undergoing a 30-day public comment period and a public hearing, during which numerous physicians and concerned citizens– including Kate Cox and multiple plaintiffs in Zurawski v. Texas – spoke out against the Board’s initial proposed rules.
While providing some clarity, the rules published today fall far short of the protections needed for pregnant Texans and their doctors, as evidenced by the testimonies heard at the Board’s public meeting in May.
Statement from Molly Duane, senior staff attorney at the Center for Reproductive Rights:
“The Texas Medical Board’s regulations are just another toothless passing of the buck. It’s been two years since Dobbs struck down Roe v. Wade, and nearly three since Texas’s first abortion ban took effect: Years of physicians begging the state for guidance, and yet this is the extent of their effort? Despite the admonishment of the Texas Supreme Court, the regulations do nothing more than restate the existing law; effectively, the 22 women in Zurawski v. Texas, many of whom spoke at the medical board stakeholder meeting last month, have now been ignored by both the Supreme Court of Texas and the Texas Medical Board. While we are relieved that the board removed the most objectionable documentation requirements after they were universally condemned by the medical community, these regulations fall far short of the board’s stated goal. This lackluster response from the Texas Medical Board underscores the ongoing challenges and struggles faced by individuals seeking access to abortion services, which highlights the urgent need for comprehensive federal protections rather than continued evasion and indecision.”
In the final version, the Texas Medical Board made two notable changes to the rules originally proposed earlier this year:
- The Board scrapped onerous documentation requirements that further delayed access to life-saving abortion care;
- In line with the Texas Supreme Court decisions in Zurawski and Cox, the Board added guidance that “Imminence of the threat to life or impairment of a major bodily function is not required.”
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MEDIA CONTACT:
Center for Reproductive Rights: [email protected]