The state of Texas has rejected requests for clarification on exceptions to its strict abortion ban, which doctors argue is ambiguous and has resulted in pregnant women with serious health issues having to travel out of state.

The chairman of the Texas Medical Board acknowledged that there are broader concerns related to the law, such as the absence of exceptions for cases of rape or incest, but this is not within the scope of the 16-person panel. It is also notable that only one member of the board is a specialized OB/GYN.

The president of the board, Dr. Sherif Zaafran, stated that there are limitations to what we can accomplish.

During the open assembly, there was an increase in frustration and resentment for those fighting against the Texas ban, as they have been pleading with courts and lawmakers for over two years for clear exceptions. In December, Kate Cox, a Dallas mother of two, took legal action against the state in order to have the option to terminate her pregnancy after learning of a fatal condition in her fetus, resulting in numerous trips to the emergency room.

Cox ultimately departed the state to seek an abortion, as the Texas Supreme Court, comprised of nine elected Republicans, declared that she had failed to prove her life was at risk. Nevertheless, the court requested that the state medical board provide further instructions.

According to Zaafran, the board has the power to clarify the law, but they are not authorized to change it. This responsibility falls under the Legislature. Zaafran and his colleagues on the board were chosen by Republican Governor Greg Abbott, who enacted the ban in 2021.

The proposed guidelines from the board regarding exceptions to the ban on abortion in Texas, released on Friday, instruct doctors to thoroughly record their thought process when evaluating whether a woman’s pregnancy poses a threat to her life or major bodily function. However, the guidelines offer limited details on any other circumstances.

Although supporters of anti-abortion policies commended the inclusion of language that allows doctors to use their “reasonable medical judgment” in deciding whether or not to perform an abortion, doctors, lawyers, and women who have traveled out of the state for abortions argue that further measures should be taken to protect doctors from legal consequences when performing abortions under the exception for medical reasons.

Steve Bresnen, a lawyer who requested guidance from the board, expressed concern about individuals who are extremely afraid due to facing potential death. He believes the board’s proposed rule may not effectively address this fear and is disappointed by this.

He stated that simply because you may not believe you have the ability to take action against criminal exposure, that does not make it justifiable.

A physician found guilty of performing an unlawful abortion in Texas may receive a jail sentence of up to 99 years, be fined $100,000, and have their medical certification revoked.

Zaafran stated that the board concluded not to include a list of particular medical conditions that may be relevant due to the complex and individualized nature of each case.

“You may encounter two sets of criteria, each with completely unique situations, potentially varying by location. For example, was the situation in an area that prevented the mother from being transferred to a facility with a higher level of care?” he inquired. Additionally, advancements in the medical field could alter the impact of specific conditions, he included.

Rebecca Weaver, the director of legislation for Texas Right to Life, the largest anti-abortion organization in the state, stated her approval of the guidelines not undermining the effectiveness of current laws. She also mentioned that the board opted to rely on medical professionals’ sound judgement rather than specifically listing out circumstances.

According to her, the laws in Texas regarding abortion allow doctors to take action if a pregnant woman’s life or important bodily function is at risk due to her pregnancy.

The board’s proposed guidelines are now open to public comments.

Following the ruling of the U.S. Supreme Court to revoke abortion rights in June 2022, unclear restrictions in certain states under Republican control have created uncertainty regarding the implementation of exceptions.