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Health Law Highlights

Biden Administration Tells Doctors They Must Provide Emergency Abortions

Summary of article from AP News, by Amanda Seitz, Christine Fernando:

In response to a recent Supreme Court ruling, the Biden administration has directed emergency room doctors to perform emergency abortions when necessary to save a pregnant woman’s health, emphasizing compliance with the Emergency Medical Treatment and Active Labor Act (EMTALA). This follows the Supreme Court’s failure to clarify whether state abortion bans override this federal law. The administration’s guidance aims to address reports of pregnant women being denied emergency care due to legal uncertainties. Enforcement will resume in Idaho, but remains on hold in Texas due to ongoing legal challenges. Additionally, the administration is enhancing resources for patients to file complaints against hospitals that fail to provide required emergency care.

Categories
Health Law Highlights

Texas Medical Board Adopts Abortion Guidance

Summary of article from The Texas Tribune, by Eleanor Klibanoff:

The Texas Medical Board has adopted new guidelines for interpreting the state’s abortion laws, aimed at clarifying the conditions under which doctors can perform abortions without risking their medical licenses. The guidance reduces some documentation requirements but stops short of providing a comprehensive list of legal abortion scenarios, citing the uniqueness of each medical case. Despite revisions, concerns remain about the clarity and sufficiency of the guidance, particularly in light of recent Texas Supreme Court rulings. The board emphasized that while it aims to protect the doctor-patient relationship, it cannot fully eliminate doctors’ fears of prosecution. The rules are open to future adjustments based on evolving circumstances.