Austin, TX

Biden Admin directive on abortion could protect Texas doctors from political prosecution

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Tuesday morning, the Biden Administration ordered emergency room doctors across the country to perform abortions on pregnant women when their life is at risk, despite state laws that might ban the move.

Texas has a total ban on abortion, starting at conception– the only exemption is if the mother’s life is at risk; so this federal directive is already written into state law.

Texas Alliance for Life spokeswoman, Amy O’Donnell said, “We know that there are some organizations who want to put laws in place that prosecute women who seek abortion; Texas Alliance for Life does not support those laws.”

But what about Texas doctors who perform abortions?

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In most cases and unless medically necessary, doctors performing abortions in the state could be charged with a felony, and the Texas Medical Board could suspend and/or revoke the doctor’s medical license.

Last month, the Texas Medical Board adopted updated rules for doctors performing emergency abortions, but concerns remain that those guidelines are still unclear.

“Physicians are gonna be tortured by the process and have a difficult time making decisions,” said Steve Bresnen, a pro-choice advocate.

According to the Associated Press, the directive issued by the Department of Health and Human Services said in part, “We have heard story after story describing the experiences of pregnant women presenting to hospital emergency departments with emergency medical conditions and being turned away because medical providers were uncertain about what treatment they were permitted to provide.”

But the new federal order from the Biden Administration could ease Texas doctor’s fear of political prosecution, should they need to perform an emergency abortion.

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The letter continued in part, “No pregnant woman or her family should have to even begin to worry that she could be denied the treatment she needs to stabilize her emergency medical condition in the emergency room.”

We reached out to the Texas Medical Board for comment; they declined, but issued a statement that partly reads, “The reality is that the board can only act where it has the authority to provide rules within the confines of the law.”

In Texas, emergency abortions in cases where the mother’s life is at risk, remain legal.



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