New Proposed Guidelines for Texas Abortion Medical Exception 'Add Literally Nothing'

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According to some legal experts, the newly proposed guidelines for doctors to provide medically necessary abortions in Texas fail to clarify much at all.

for doctors when determining whether a patient meets the requirements for a medical exception to the state’s abortion ban. Arriving three months, the Heartbeat Act, which prohibits abortions after a heartbeat can be detected in the fetus, which is usually around six weeks.

The proposed guidelines now say that a physician can perform an abortion if the doctor deems it medically necessary using their “reasonable medical judgment.” A detailed explanation of “how the decision was made to proceed with an abortion based on reasonable medical judgement,” will be required to be entered into the patient’s medical record, according to the proposed rules.

The Center for Reproductive Rights, the organization that provided Cox with legal representation in Texas before she opted to leave the state for an abortion procedure, said the proposed rules “fall short.” “These guidelines add literally nothing in terms of clarity, and in some ways, may make it a little worse,” she said. “Because they seem to impose documentation requirements that are quite onerous. The way the medical exception is written uses a lot of words that don’t have any fixed meaning, like ‘substantial risk,’ ‘life-threatening,’ and ‘aggravate.’ We’ve seen it in recent news stories.

 

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