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The Tennessee Conservative [By Paula Gomes] –
A panel of judges ruled last week that certain pregnancy-related conditions qualify as “medical necessity exceptions” under Tennessee’s abortion law, conditions the State Attorney General says were already covered.
The three-judge all female panel – Nashville Chancellor Patricia Head Moskal, 10th Judicial District Judge Sandra Donaghy, and 25th Judicial District Chancellor Kasey Culbreath – also ruled that doctors within the state that provide these emergency abortions will not face discipline by the medical board or have their licenses revoked.
The ruling stated that the lack of consensus and confusion among Tennessee medical providers surrounding what constitutes a “medically necessary abortion,” meant to preserve the health and life of a mother, shows a lack of clarity regarding legal exceptions.
Two obstetricians and seven patients have sued the state, arguing that the exception outlined initially in the law is too vague, leading to medical providers being hesitant to perform any medically necessary care out of fear they may face criminal charges for doing so.
However, the law explicitly states that ectopic or molar pregnancies qualify as exemptions as well as doctors using their “reasonable medical judgment” to prevent a mother’s death or a “serious risk of substantial and irreversible impairment of a major bodily function.”
The exceptions outlined in the new ruling are:
Previable preterm premature rupture of membranes (“PPROM”)
Read more about PPROM here.
Inevitable abortion, defined as dilation of the cervix prior to viability of the pregnancy, either by preterm labor or cervical insufficiency
Read more about early pregnancy loss here.
Fatal fetal diagnoses that lead to maternal health conditions, such as severe preeclampsia and mirror syndrome associated with fetal hydrops
Read more about this here.
Fatal fetal diagnoses leading to an infection that will result in uterine rupture or potential loss of fertility
Read more about uterine rupture here.
This ruling will remain in effect until the resolution of the lawsuit, at which time, a permanent ruling may be issued.
Tennessee Attorney General Jonathan Skrmetti says that his office will continue to defend the law and that the state’s Human Life Protection Act already allows women to receive the care they need for life-threatening health issues related to pregnancy.
Skrmetti said, “The Court’s limited injunction order mirrors that understanding. We all agree that doctors should save lives and protect their patients.”
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
