After Years of Silence, Texas Medical Board Issues Training for Doctors on How to Legally Provide Abortions

For the first time since Texas criminalized abortion, the state’s medical regulator has instructed doctors on when they can legally terminate a pregnancy to protect the life of the patient—guidance physicians long sought as women died and doctors feared imprisonment for intervening.

The new training from the Texas Medical Board was released nearly five years after the state passed its strict abortion ban in 2021, threatening doctors with severe penalties. Pregnancy became far more dangerous in the state after the law took effect: Sepsis rates spiked for women suffering a pregnancy loss, as did emergency room visits in which miscarrying patients needed a blood transfusion; at least four women in the state died after they didn’t receive timely reproductive care. More than a hundred OB-GYNs said the state’s abortion ban was to blame.

The new medical training, which ProPublica obtained under a public records request, assures doctors they can now legally provide abortions, even when a patient’s life isn’t imminently in danger, and goes over nine example scenarios, including a patient’s water breaking before term and complications from an incomplete abortion. 

But medical and legal experts who reviewed the training said the case studies represent only the most straightforward situations doctors encounter. The complications that women face in pregnancy are varied, complex and impossible to capture in a brief presentation, many cautioned. One attorney called the training “the bare minimum.”

A Texas Woman Died After the Hospital Said It Would Be a ‘Crime’ to Intervene in Her Miscarriage

Josseli Barnica grieved the news as she lay in a Houston hospital bed on Sept. 3, 2021: The sibling she’d dreamt of giving her daughter would not survive this pregnancy. The fetus was on the verge of coming out, its head pressed against her dilated cervix; she was 17 weeks pregnant and a miscarriage was “in progress,” doctors noted in hospital records. At that point, they should have offered to speed up the delivery or empty her uterus to stave off a deadly infection.

But when Barnica’s husband rushed to her side from his job on a construction site, she relayed what she said the medical team had told her: “They had to wait until there was no heartbeat,” he told ProPublica in Spanish. “It would be a crime to give her an abortion.”

For 40 hours, the anguished 28-year-old mother prayed for doctors to help her get home to her daughter; all the while, her uterus remained exposed to bacteria. Three days after she delivered, Barnica died of an infection.

Texas Sends Millions to Crisis Pregnancy Centers. It’s Meant to Help Needy Families, But No One Knows if It Works.

Two years after Roe v. Wade was overturned, Texas leads the nation in funding for crisis pregnancy centers (CPCs). The system is meant to help growing families, but it’s riddled with waste and lacks oversight, a ProPublica and CBS News investigation found.

What’s worse: Lawmakers around the country are considering programs modeled on Texas’ CPC system, called Alternatives to Abortion.