Two attorneys petitioned the Texas Medical Board for clarification on exceptions to the state’s ban on abortion.
Steve and Amy Bresnen, attorneys and lobbyists in the state, filed the petition on Tuesday, just weeks after the Texas Supreme Court rejected a woman’s attempt to obtain an abortion exception. Texas’ abortion ban was implemented after the overturn of Roe v. Wade and includes an exception when the life of the mother is in danger. Dozens of women have since claimed they were denied abortions that were medically necessary due to complications in their pregnancies.
“It’s time for the Medical Board to get off the sidelines. The fact that life-threatening conditions related to pregnancy are driving women out of state for abortion care is not acceptable,” Steve Bresnen told The Texas Tribune. “The Legislature, the Governor, the Supreme Court of Texas, and physicians have asked for clarity, and the TMB has the power to give it. There is no excuse for further delay.”
The Texas Medical Board is authorized to revoke a doctor’s license if they violate the abortion ban. The petition asks the board to guide doctors on how to ensure their decisions on abortion exceptions are justified.
This issue garnered national attention last month when the Texas Supreme Court denied the abortion petition of Kate Cox, who was about 20 weeks pregnant with a fetus diagnosed with trisomy 18. Cox was initially granted an exception by a Travis County judge, which Texas Attorney General Ken Paxton argued was unjustified, as reported by The Dallas Express. She later obtained an abortion out of state.
Cox argued that a continuation of her pregnancy threatened her life because she had C-section removals for her first two children. The risk of a third C-section, she argued, was not worth it because her baby would likely not be delivered alive.
Trisomy 18 leads to a miscarriage or stillbirth in an estimated 95% of cases. About half of those born with the rare chromosomal disorder die within a week, and roughly 90% die after one year. However, some have lived with the disorder into their adult years with extensive medical care.
If the Texas Medical Board were to introduce a new rule on medical exceptions to the abortion ban, there would be a 30-day public comment period before a final decision is made.
Steve Bresnen wrote in his petition that doctors are at severe risk of destroying their careers and even their lives due to their handling of abortion exceptions.
“The downside risks of performing [an abortion] in an uncertain world are, you can lose everything, including your freedom, for 99 years,” Steve Bresnen said, per The Texas Tribune. “Physicians and hospitals need the state to tell them, ‘Here’s what this exception means, and here’s how you go about making sure that you’re acting within the exception so it minimizes your legal risk.'”