DALLAS — The Chair of the Texas Medical Board said he believes the board did all it could legally do to clarify when doctors can terminate a pregnancy under the state's strict abortion law, as the original petitioners in the case and the abortion rights advocates slammed the new law.
"I do feel that we’ve done as much as we possibly can to help create a pathway for how physicians should be thinking," Dr. Sherif Zaafran said Friday evening.
In a unanimous vote earlier that day, the medical board decided to adopt guidelines intended to help doctors interpret the state's abortion laws -- which gives narrow leeway for any pregnancy termination except in cases where a mother's life or major bodily function is at risk.
Zaafran said the medical board guidelines clarify a woman does not need to be on death's door for a physician to perform an abortion.
"There is absolutely no need, in fact you shouldn’t wait until a woman’s life is in danger before you would actually act appropriately," Zaafran said.
But not everyone thinks the rules are clear enough.
"To be honest, we're very disappointed," said Amy Bresnan, whose petition with her husband, Steve, started the rulemaking process.
They said the guidelines are not enough to protect doctors -- nor their patients -- from criminal or civil action. "This is a big deal with practical consequences for everyday people," Steve Bresnan said.
Zaafran said he hoped prosecutors would not bring cases against doctors until the medical board has determined whether they acted within medical guidelines when terminating a pregnancy. "I’m hoping that by very strongly saying this again and again that deference would be made," he said.
But he conceded prosecutors have not showed always deference in cases about opioid prescribing, for example. Texas Attorney General Ken Paxton's office did not reply to a request for comment Friday afternoon.
Attorneys for Kate Cox, the North Texas mom who the state supreme court said couldn't get an abortion for her non-viable pregnancy, said the medical board regulations "are just another toothless passing of the buck."
"Despite the admonishment of the Texas Supreme Court, the regulations do nothing more than restate the existing law," said Molly Duane with the Center for Reproductive Rights.
"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," she continued.
But Zaafran said he believes the new rules will help doctors. "I think it's going to give a lot more clarity," he said.
The rules will take effect 20 days after they're published by the Secretary of State.