Conservative lawmakers in several Republican-run states are choosing not to reconsider bans on abortion, despite concerns from physicians and patients about the unclear exceptions in the laws. This has led to some pregnant women being denied necessary treatment.

Instead, GOP leaders accuse abortion rights advocates of deliberately spreading misinformation and doctors of intentionally denying services in an effort to undercut the bans and make a political point. At the same time, however, some states are taking steps that they say will provide more clarity about when abortions can be legally performed.

The South Dakota Legislature, currently under Republican control, intends to produce a video featuring medical professionals and the state’s attorneys to educate both doctors and patients on the legal requirements for performing abortions. This proposal was approved last month and now awaits the signature of Republican Governor Kristi Noem, who has stated her intention to sign it.

The pioneering concept has full backing from SBA Pro-Life, a major anti-abortion organization in the nation, who believes the video will address the “misinformation spread by the abortion industry.”

Kelsey Pritchard, the public affairs director in South Dakota, stated that the state is setting an example for the rest of the country in safeguarding women’s lives from false information regarding abortion laws.

Both Oklahoma and Kentucky are making efforts to clarify their abortion restrictions, but in both states it is the attorneys general, not medical professionals, who are determining the conditions.

In 2022, the Attorney General of Oklahoma released a memo to prosecutors and police stating that doctors should have significant discretion when performing certain abortions. The previous year, the office clarified that patients do not need to meet extreme criteria, such as being septic or experiencing heavy bleeding, in order to receive an abortion. However, the office also reminded doctors that they could face prosecution if it is found that they performed an abortion when the woman’s life was not actually at risk.

The attorney general of Kentucky has declared that the state’s abortion ban does not apply to miscarriages and ectopic pregnancies, which occur when a fertilized egg implants outside of the uterus. However, there is no statement from the attorney general on the remaining pregnancy complications that have been brought up by doctors and patients.

After the U.S. Supreme Court decision in 2022 to revoke the constitutional right to abortion, states have been granted the freedom to impose their own limitations. South Dakota, like 13 other states, has placed a total ban on abortion throughout all phases of pregnancy. While the law does permit an abortion in order to save the mother’s life, it fails to provide a clear definition of which pregnancy complications qualify as life-threatening, similar to other laws in different states.

Republican State Representative Taylor Rehfeldt, who is also a nurse anesthetist, expressed her decision to propose an informational video in response to concerns raised by physicians regarding the ongoing confusion. She believes that creating a video is the most effective solution, as any alteration to the abortion ban itself would cause disagreement among her fellow Republican colleagues.

The effectiveness of the video in assisting patients and doctors is yet to be determined. It is not anticipated to explicitly outline pregnancy complications that would make abortion legally permissible for women. Additionally, it is uncertain if a legal disclaimer will be included to caution viewers about the possibility of facing criminal charges.

“It’s not going to deal with hard calls,” said Greer Donley, an associate professor at the University of Pittsburgh School of Law who is an expert on abortion law. “They actually don’t want to deal with the hard calls because their movement is not sure … how those hard calls should be resolved.”

During a Senate hearing last month, State Senator Erin Tobin, a Republican from South Dakota and supporter of the measure, admitted that the video will not include any specific instances.

Tobin stated that the issue with healthcare is the multitude of unique situations, requiring doctors to have discretion.

As various states contemplate how to clarify their abortion bans without compromising their strength, advocates for abortion rights in multiple states persist in challenging the bans through legal action.

A group of twenty women in Texas have brought a lawsuit against the state, seeking clarification on their right to get an abortion. In Tennessee, advocates have also filed a lawsuit, claiming that the state’s ban on abortions has vague exceptions that could endanger the lives of pregnant women.

Tennessee Attorney General, Jonathan Skrmetti, opposed this argument. He claimed that it is not the law itself, but rather other factors, such as doctors’ individual decisions to not offer legal abortions, that are negatively impacting women.

The legal case is still in progress, and lawyers are projected to present their arguments to a panel of three judges next month. The main issue to be decided is whether the state’s ban should be temporarily halted during the ongoing legal battle, or if the entire case should be dropped.

Donley rejected the notion that doctors are solely responsible for putting patients in danger.

“I wholeheartedly dismiss any claims that there are any providers deliberately causing harm to women and pregnant individuals in the pursuit of a news story,” she stated. “That simply is not occurring. However, is it possible that mistakes are being made due to fear? Certainly.”

Last year, a pregnant woman in Texas with a fetus suffering from a life-threatening condition appealed to the state’s highest court for an exception to the strict ban. The court ultimately denied Katie Cox’s request, requiring her to seek an abortion out of state. However, they did suggest that the Texas Medical Board provide guidance to physicians on how to comply with the law.

The judges stated that even though they cannot force the executive branch to fulfill their duties, the legal system operates more efficiently when they do.

The medical board, consisting of 19 members chosen by the governor, has yet to provide any form of guidance.

The Republican governor, Greg Abbott, is a strong advocate against abortion.

Feeling dissatisfied with the board’s lack of action, Amy and Steven Bresnen, who are both lawyers and lobbyists, submitted a request in January seeking clarification on which situations are considered medical exceptions to the state’s abortion prohibition.

According to the petition, it is not fair to expect pregnant women in dangerous situations and their healthcare providers to do nothing when the Texas Medical Board has the power and responsibility to regulate medicine in the interest of the public.

Steven Bresnen stated that the board is anticipated to convene in the upcoming weeks and is expected to discuss the request at that time.

He stated that nobody has forced them to make a formal decision yet. If they choose not to, they will need to provide an explanation.