Funny how these articles never provide the text of the actual statutes, which in this case, provided a clear exception.
Funny how pro lifers can't explain what a doctor should do. I have reviewed the law and present you this scenario. A woman comes in with a 16 week old baby. Her membranes are ruptured. This means the following:
1. Here baby is non-viable. Earliest acceptable survival is 24 weeks. This baby is 16 weeks. It has an absolute zero chance of survival with ruptured membranes. It will never grow normal lungs.
2. The baby has a detectable heartbeat. It's alive by Texas law.
3. Persistence of this condition will likely result in a bacterial infection over the next few hours to days. If somehow that miraculously doesn't happen right away, then it will eventually happen as the fetus rots inside her uterus.
4. Patient presents to the ER. She's 100% normal. No bleeding, no fever, all her labs are completely normal, psychologically she is calm and accepted that she lost her pregnancy.
Now you prolife dipsticks tell me. Is this a medical emergency? Patient is doing completely fine right now. In hours to days she's going to have life threatening bleeding and life threatening sepsis. So what's my next move?
1. Perform an abortion on her right now and leave it to some Texas Bible Thumper judge to strike me down with God's will for doing an illegal abortion. This costs my my medical license, my opportunity to earn a living, feed my family, and practice my craft. I'll probably be jailed. If anything, I'll have threats of being assassinated by your kind.
2. Wait until she gets sick, the I clearly perform a legal abortion in the state of Texas. She's septic, febrile, in the ICU so I get the go ahead based on the law. Too late, the lady doesn't recover and dies of septic complications.
WHAT'S SO CLEAR ABOUT THIS EXCEPTION?????
AAPROHIBITED ABORTION OF UNBORN CHILD WITH
DETECTABLE FETAL HEARTBEAT; EFFECT. (a)AAExcept as provided by
Section 171.205, a physician may not knowingly perform or induce an
abortion on a pregnant woman if the physician detected a fetal
heartbeat for the unborn child as required by Section 171.203 or
failed to perform a test to detect a fetal heartbeat.
(b)AAA physician does not violate this section if the
physician performed a test for a fetal heartbeat as required by
Section 171.203 and did not detect a fetal heartbeat.
(c)AAThis section does not affect:
(1)AAthe provisions of this chapter that restrict or
regulate an abortion by a particular method or during a particular
stage of pregnancy; or
(2)AAany other provision of state law that regulates or
prohibits abortion.
Sec.A171.205.AAEXCEPTION FOR MEDICAL EMERGENCY; RECORDS.
(a)AASections 171.203 and 171.204 do not apply if a physician
believes a medical emergency exists that prevents compliance with
this subchapter.
(b)AAA physician who performs or induces an abortion under