The legal landscape for Texas physicians navigating abortion services has been fraught with uncertainty since the Texas Heartbeat Act took effect in September 2021. Tony Bertolino, managing partner at Bertolino LLP and specialist in professional license defense, joins us to shed light on critical clarifications being proposed to this consequential legislation.
At the heart of this discussion lies the vague and ambiguous language in the current law that has left healthcare providers uncertain about when they can legally intervene in pregnancy-related emergencies without risking severe penalties. These penalties are no small matter—physicians face potential life imprisonment for criminal violations and civil penalties of up to $10,000 per abortion performed, plus attorney's fees and court costs. Perhaps most concerning, the law allows any member of the public to file lawsuits against physicians alleged to have violated the abortion ban.
The proposed legislative changes aim to remove the term "life-threatening" as the threshold for medical intervention, instead empowering physicians to use their professional medical judgment to determine when an abortion is necessary to protect a patient's health. This clarification acknowledges a fundamental reality: lawmakers drafting legislation often lack the medical expertise needed to make nuanced clinical judgments that physicians face daily.
Real-world implications of the current law's ambiguity have already manifested in troubling ways, with hospitals requiring legal department reviews before approving emergency medical procedures, causing potentially dangerous delays in care. The proposed clarifications would allow doctors to prioritize patient care without the constant fear of prosecution hovering over their clinical decisions. While the bill enjoys bipartisan support, it must still navigate committee hearings and secure votes in both legislative chambers before reaching Governor Greg Abbott's desk.
Whether you're a medical professional practicing in Texas or simply concerned about healthcare policy, understanding these developments is essential. Stay informed, consult legal counsel when uncertainty arises, and advocate for clear understanding of your professional obligations in this evolving landscape.
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Track Senate Bill 31 (SB 31) using Texas Legislature Online -
https://www.capitol.texas.gov/
Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator
