Are candidates who perform abortions facing legal risk if they appear for the exam in Texas?
Any candidate taking a Certifying Exam, whether it be virtual or physically in Texas, should not be at legal risk. SB8 only applies to abortions performed in Texas. More importantly, SB8 text specifically references and pertains to the performance or induction of an abortion: “… a physician may not knowingly perform or induce an abortion on a pregnant woman” beyond the point in time when a fetal heartbeat is detected. Additionally, civil liability for aiding and abetting applies only to abortions performed in Texas. This should mean that the action for which a plaintiff is filing a lawsuit must be proven to be tied to a specific abortion performed. Care of patients on a case list and ensuing discussion with examiners during the Certifying Exam are not subject to SB8.
That's not very reassuring. I don't understand this section: Why is that more important? Are they implying that most abortion providers weeks not have provided an abortion past that point? Because...
That's not very reassuring. I don't understand this section:
More importantly, SB8 text specifically references and pertains to the performance or induction of an abortion: “… a physician may not knowingly perform or induce an abortion on a pregnant woman” beyond the point in time when a fetal heartbeat is detected.
Why is that more important? Are they implying that most abortion providers weeks not have provided an abortion past that point? Because I find that unlikely to be true. Maybe I'm misunderstanding.
I agree that it is not reassuring at all. The organization seems to be taking it on faith that prosecutors in Texas will not target OB-GYN doctors in town for their exam regarding abortions...
I agree that it is not reassuring at all.
The organization seems to be taking it on faith that prosecutors in Texas will not target OB-GYN doctors in town for their exam regarding abortions performed in other states. I think Texas absolutely would consider that kind of overreach. If I were a doctor I would not want to be the test case.
I think they're trying to say it's not banned absolutely and thus teaching or being tested on the material can't be illegal as it could be necessary to know.
I think they're trying to say it's not banned absolutely and thus teaching or being tested on the material can't be illegal as it could be necessary to know.
If that's what they're saying, I'm even less comforted. I haven't been trained on this, but I'd be shocked to learn that there isn't any necessary training or information that only applies to...
If that's what they're saying, I'm even less comforted. I haven't been trained on this, but I'd be shocked to learn that there isn't any necessary training or information that only applies to later terminations and would not be used for early ones.
In any case, none of these answers seem particularly comforting or satisfactory, especially the answer about why they're choosing to stay in Texas. It's one of the longest answers, but basically boils down to "we can't be seen to be taking a stand, but it's still gonna be a really thorough and fair test". Moving out of a state that requires you to answer questions like "How will you handle the increased anxiety of your providers?" is reason enough to move without qualifying as a political stance.
That's not very reassuring. I don't understand this section:
Why is that more important? Are they implying that most abortion providers weeks not have provided an abortion past that point? Because I find that unlikely to be true. Maybe I'm misunderstanding.
I agree that it is not reassuring at all.
The organization seems to be taking it on faith that prosecutors in Texas will not target OB-GYN doctors in town for their exam regarding abortions performed in other states. I think Texas absolutely would consider that kind of overreach. If I were a doctor I would not want to be the test case.
I think they're trying to say it's not banned absolutely and thus teaching or being tested on the material can't be illegal as it could be necessary to know.
If that's what they're saying, I'm even less comforted. I haven't been trained on this, but I'd be shocked to learn that there isn't any necessary training or information that only applies to later terminations and would not be used for early ones.
In any case, none of these answers seem particularly comforting or satisfactory, especially the answer about why they're choosing to stay in Texas. It's one of the longest answers, but basically boils down to "we can't be seen to be taking a stand, but it's still gonna be a really thorough and fair test". Moving out of a state that requires you to answer questions like "How will you handle the increased anxiety of your providers?" is reason enough to move without qualifying as a political stance.
Turns out the ABOG is based in Dallas. I wish they'd move.