A new Texas law, House Bill 3058, signed by Gov. Greg Abbott, addresses concerns and confusion among physicians regarding the state's abortion laws when treating pregnant women facing serious complications. The bill, proposed by Rep. Ann Johnson and Sen. Bryan Hughes, offers legal clarity regarding certain medical procedures used to treat potentially life-threatening pregnancy complications.
HB 3058 does not change the existing law that prohibits abortion in Texas. However, it introduces an exemption from civil and criminal liability under the trigger law for physicians who have exercised reasonable medical judgment while providing treatment for specific situations, including ectopic pregnancies and previable premature rupture of membranes.
The intent behind the legislation is to ensure pregnant women who are experiencing severe complications receive the necessary medical care in a timely manner. The bill establishes an "affirmative defense" for doctors, meaning they need to demonstrate that their judgment in providing such treatment was reasonable. The Texas Medical Board is also prohibited from taking disciplinary action in such cases. However, the bill does not provide defenses for Texas' "heartbeat bill," which enables private civil actions for abortions performed after the detection of a fetal heartbeat (usually around 6 weeks).
The law takes effect September 1, 2023.
Link to bill:
https://legiscan.com/TX/text/HB3058/id/2820126