DALLAS — The Texas Medical Board's decision to establish rules setting out exceptions to the state's controversial abortion law came after a request from an Austin couple surprised to hear the board listened.
"It seemed to be a 180-degree turnaround from their attitude in December," Amy Bresnen said Friday. "I don't mind telling you I was pleasantly surprised."
Bresnen and her husband Steve requested the medical board codify the exceptions when doctors can perform abortions legally.
Initially, the board chair pushed back, telling WFAA in a December interview "I understand there is a desire for the medical board to give more clarity. That is not our role."
Dr. Sherif Zaafran said issuing guidance might not be enough to shield a doctor from prosecution if district attorneys or the attorney general believe they broke the law.
"No matter how much guidance we give, that question is always going to be out there and then there’s always going to be this discomfort of a physician doing something when there’s always the possibility, even if they may be right in the end, that they may be civilly or criminally liable," Zaafran said.
But this week, the medical board told the Bresnens it would take up their request.
"TMB has been considering rulemaking options since the statute went into effect and will proceed with rulemaking," it said in a letter to the couple.
The board said it will consider language different from the draft suggested by the Bresnens, but they're pleased to get the ball rolling.
"We set about to cause this conversation," Steve Bresnen said "And it looks by God like they’re gonna have it."
The board will consider a draft rule on Friday, March 22, but that is only the start of the process. The board will then open at least a month of public comment on the potential exceptions to the rules.