BACKGROUND:

In 2021, Texas passed two sweeping laws that put new and unintentionally confusing restrictions on the care of pregnant women, enacted severe punishments for doctors, and passed a provision allowing citizens to bring claims against anyone who helps a woman obtain an abortion. While exceptions exist in the law for life-threatening conditions, the law lacks the clarity it needs to protect doctors who feel necessary interventions are needed to safeguard the life of the mother or future fertility. Fear of civil suits and felony criminal charges is tying the hands of doctors to the most cautious and restrained decisions, and they are extremely reluctant to give full medical advice due to the threat that they may be reported. All of this is having a huge negative impact on the Texas medical landscape and the entire state’s ability to recruit and retain doctors and other medical professionals. 

These laws have created a statewide women’s healthcare crisis by:

• Endangering mothers with pregnancy complications
• Denying critical care
• Driving OB-GYNs out of Texas
• Dissuading medical students, residents, and practicing doctors from coming to our state 

At least three Texas women have died from pregnancy complications, and countless others have lost their fertility and suffered needless and inexcusable trauma due to what would have been routine pregnancy complications before this law. Further tragedies must be prevented through legislative reform.

To address the unintended consequences of current abortion laws, Senator Bryan Hughes and Charlie Geren filed The Life of the Mother Act (SB 31 / HB 44). This bill will clarify the exceptions that prioritize Texas mothers and provide necessary legal protections for our physicians, while continuing to value the lives of the unborn. Specifically, the bill: 

• Clarifies the medical emergency exception to allow termination for threats to the mother’s life and major bodily functions, ensuring physicians can provide evidence-based care to women facing pregnancy complications.
• Removes the threat of criminal/civil repercussions when physicians, using their reasonable medical judgment, determine the medical emergency exception applies, remedying the chilling effect current laws have had on patient-physician communications and medical recruitment/retainment statewide. 
• Introduces a requirement for the Texas Medical Board and the State Bar of Texas to offer education courses that increase medical/legal professionals’ understanding of these legal updates to reproductive health laws.