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While Texas law prohibits nearly all abortions, the statute permits physicians to perform an abortion in order to save the life of the mother or prevent substantial physical impairment. The 2025 Legislature amended the abortion statute to provide more protection to doctors.
At Gardner Employment Law, we represent physicians navigating legal risks in complex medical situations. If you hold a Texas Medical License, you need to understand exactly what the abortion statute protects—and what it does not.
How Did Texas Change the Law on Abortion?
In Senate Bill 31, the Texas Legislature attempted to clarify when doctors can perform abortions. The new law does not change the restrictions on abortion, but rather aims to ensure that pregnant patients can get life-saving medical care and that doctors are not liable. The new language purports to better explain when doctors can perform an abortion that is “medically necessary” to avoid the mother’s death or substantial impairment.
The amendment added language essentially explaining that the doctor does not have to wait until the pregnant mother is in severe distress before performing the medically necessary abortion. Senate Bill 31 states: “If a pregnant woman has a life-threatening physical condition . . ., a physician may address a risk . . . before the pregnant female suffers any effects of the risk.” In other words, the physician can use his or her medical judgment to diagnose a life-threatening condition before the mother is so far gone that it would be difficult to save her life.
There are stories of hospitals, fearing liability, who turned pregnant mothers away, only to have the mothers bleed to death in the parking lot. Hopefully, that terrible result will not happen in Texas since Senate Bill 31 gives the doctor more leeway in making the diagnosis earlier.
The new law makes the definition of a “medical emergency” consistent existing state law, when before the definitions conflicted. It also permits doctors and lawyers to talk with a patient about what is a “medically necessary abortion” without violating the law.
The bill provides that doctors are not required to delay, alter or withhold life-saving medical treatment to try to preserve the life of the fetus over the mother’s life. Senate Bill 31 also proposes continuing education requirements for lawyers and doctors so that they can interpret and apply the language in the statute.
When Can a Texas Doctor Legally Perform an Abortion?
The Texas abortion statute allows a physician to terminate a pregnancy by abortion if the mother has a
“life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced.”
However, the statute fails to define key terms and leaves physicians to interpret:
- What qualifies as “life-threatening”?
- What constitutes a “substantial impairment”?
- How far does “medically necessary” extend?
Texas physicians must make fast-moving decisions about abortions in life and death situations without clear legal guidance. At the same time, they face legal exposure if others later disagree with their judgment. At least, Senate Bill 31 is moving in the right direction.
How Does the New Abortion Law Affect Medical Practice in Texas?
Texas physicians have reported delaying medically necessary care to avoid violating the abortion ban. Many fear the punitive consequences of this law and practice under a cloud of legal fear, according to The Texas Tribune.
As an example, one OB-GYN described a case where the patient’s water broke prematurely. The risk of infection was significant, but the physician reluctantly waited until the patient’s condition worsened before intervening, in order to ensure legal protection.
Such delays heighten medical risks—and expose physicians to legal jeopardy if outcomes deteriorate. Without clear legal definitions, physicians remain uncertain about when to act and how their decisions will be viewed in hindsight.
Protecting Your Medical Career
If you face investigation, employment action, or complaints arising from a medical decision under Texas abortion law, we can help.
At Gardner Employment Law, we represent physicians and executives when medical and legal risks intersect. We understand the stakes involved and know how to protect your professional interests.
If you are under investigation by the Texas Medical Board, threatened with job loss, or forced to defend your actions after a complex medical case, experienced legal guidance is essential. We’re in your corner and we can help.