Tennessee court rules doctors cannot be disciplined for emergency abortions

[Lauren Taylor]

A THREE-JUDGE PANEL IN TENNESSEE RULED DOCTORS WHO PERFORM EMERGENCY ABORTIONS TO SAVE THE LIFE OF THE MOTHER CANNOT BE DISCIPLINED INCLUDING FACING PENALTIES OR HAVING THEIR MEDICAL LICENSES TAKEN AWAY.

THE CASE STEMS FROM THE VOLUNTEER STATE’S ABORTION BAN WHICH WENT INTO EFFECT IN 2022 AND ALLOWS PHYSICIANS TO PERFORM ABORTIONS AFTER 6-WEEKS IN LIMITED EMERGENCIES: MOLAR OR ECTOPIC PREGNANCIES, MISCARRIAGES, TO SAVE THE MOTHER’S LIFE, AND TO PREVENT SERIOUS RISK OF MAJOR BODILY FUNCTION IMPAIRMENT.

CRITICS OF THE LAW SAY IT’S TOO VAGUE, MAKES DOCTORS FEARFUL OF DOING THEIR JOBS AND PUTS WOMEN’S LIVES AT RISK.

SEVERAL WOMEN AND DOCTORS FILED A LAWSUIT LAST YEAR SEEKING CLARIFICATION FROM THE COURT ON WHEN PATIENTS CAN LEGALLY RECEIVE AN ABORTION.

“THIS LACK OF CLARITY IS EVIDENCED BY THE CONFUSION AND LACK OF CONSENSUS WITHIN THE TENNESSEE MEDICAL COMMUNITY ON THE CIRCUMSTANCES REQUIRING NECESSARY HEALTH AND LIFE-SAVING ABORTION CARE,” THE RULING STATES. “THE EVIDENCE PRESENTED UNDERSCORES HOW SERIOUS, DIFFICULT, AND COMPLEX THESE ISSUES ARE AND RAISES SIGNIFICANT QUESTIONS AS TO WHETHER THE MEDICAL NECESSITY EXCEPTION IS SUFFICIENTLY NARROW TO SERVE A COMPELLING STATE INTEREST.”

THE THURSDAY RULING STATES – ABORTION EXEMPTIONS NOW INCLUDE CASES OF INEVITABLE ABORTION, PREMATURE RUPTURE OF THE AMNIOTIC SAC, PREDICTED FETAL DEMISE CAUSING SEVERE MATERNAL SYMPTOMS, OR INFECTIONS THAT MAY LEAD TO WOMB RUPTURE.

THE JUDGES ALSO NOTED THEY LACK THE JURISDICTION TO BLOCK THE CRIMINAL STATUTE IN THE BAN, WHICH IMPOSES FELONY CHARGES WITH UP TO 15 YEARS IN PRISON. THIS MEANS DOCTORS WON’T FACE DISCIPLINARY ACTIONS FROM THE ATTORNEY GENERAL OR THE TENNESSEE BOARD OF MEDICAL EXAMINERS, HOWEVER, THEY MAY STILL RISK CRIMINAL CHARGES.