FORT WORTH, Texas — Confusion around Texas’ abortion law has scared doctors, who worry they could be prosecuted, fined or lose their medical license for performing an abortion procedure when a patient’s life or health is at risk.

The Texas Medical Board could offer some clarity, but some Texas OB-GYNs are warning about the difficulties of legislating often-murky medical emergencies.

The board, which oversees the licensing and regulation of physicians, is scheduled to consider and take possible action on “rules regarding exceptions to the ban on abortions” on Friday. The agenda item comes after of confusion over what qualifies as a medical emergency under Texas’ abortion laws.

Doctors, legal scholars and reproductive health experts have said state law is unclear, raising questions about when an abortion can legally be performed.

Texas law allows an abortion when a doctor practicing “reasonable medical judgment” believes there is “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function.”

The Texas Supreme Court weighed in after Kate Cox, a Dallas-area woman, sued the state to obtain an abortion to protect her health and future fertility. The court said in December the Texas Medical Board “can do more to provide guidance in response to any confusion that currently prevails.

“Each of the three branches of government has a distinct role, and while the judiciary cannot compel executive branch entities to do their part, it is obvious that the legal process works more smoothly when they do,” the Dec. 11 opinion reads.

The Texas Medical Board’s upcoming discussion comes after Texas attorneys and lobbyists Amy and Steve Bresnen, who are married, filed a petition with the board seeking guidance on when an abortion can be performed under state law. They saw a comment from the board’s director to the Texas Tribune holding off on clarifications until issues played out in court and in turn asked the board to consider clarifying its rules.

“The law ought to work,” said Steve Bresnen. “We can all be in dispute on what the law ought to be, but once it’s enacted it should work.”

Abortion laws in Texas

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