Sen. Bryan Hughes Introduces Legislation Aimed at Reducing Confusion for Doctors and Hospitals
Texas Sen. Bryan Hughes, a Republican lawmaker known for helping craft the state’s strict abortion laws, has introduced new legislation aimed at clarifying the medical exceptions allowed under the ban. The bill, filed Friday, marks a notable shift in tone as Republican leaders begin to address mounting criticism and legal challenges surrounding the law’s ambiguity.
The proposed bill still requires that patients face a medical emergency before an abortion can be performed, but it removes language stating that the condition must be explicitly life-threatening. The legislation would also require doctors and hospital attorneys to undergo specific training on the law to avoid confusion in high-stakes situations.
“We’ve learned in a number of cases where the physician was willing to treat the mom, but the lawyers for the hospital would advise against it,” Hughes said. “So one of the most important things we want to do is make sure that doctors and the hospital lawyers are trained on what the law is.”
Texas Ban Remains Among the Nation’s Strictest
Currently, Texas law only allows abortions when the pregnant patient’s life is at risk. Doctors who perform abortions outside those narrow circumstances can face up to 99 years in prison, fines as high as $100,000, and the loss of their medical license.
Despite legal challenges and national scrutiny, the Texas abortion ban has largely withstood opposition since the U.S. Supreme Court overturned Roe v. Wade. But questions about how and when doctors are allowed to act in emergencies have continued to dominate the debate.
Governor and Lieutenant Governor Signal Support
Republican Lt. Gov. Dan Patrick, who presides over the Texas Senate, has listed Hughes’ bill as one of his legislative priorities this session. And Gov. Greg Abbott appears open to backing the effort.
“Since the Dobbs decision, there have been 135 medically necessary abortions to save mothers’ lives in Texas with no repercussions for those physicians,” said Abbott spokesperson Andrew Mahaleris. “Governor Abbott looks forward to seeing any clarifying language in any proposed legislation from the legislature.”
Critics Say Clarification Doesn’t Solve the Problem
Abortion rights advocates, however, argue that simply refining language within the law won’t protect patients or physicians.
“No amount of attempted clarification from Texas lawmakers would suffice because abortion bans are dangerous,” said Ashley Gray, senior policy adviser at the Center for Reproductive Rights. “As long as you’re criminalizing doctors for providing care, patients will suffer.”
Texas law does not allow exceptions for cases of rape or incest—another aspect of the law that reproductive rights groups continue to challenge.
Court Battles and Real-Life Impact Continue
The Texas Supreme Court ruled in 2024 that the state’s abortion laws were not too vague, rejecting a lawsuit from several women who were denied abortions despite serious pregnancy complications. The Texas Medical Board, meanwhile, has declined to release detailed guidance for doctors trying to navigate the law.
In 2023, Dallas mother Kate Cox made headlines after she was denied an abortion even though her fetus had a fatal condition. Her case became part of a broader legal fight that spotlighted the consequences of unclear medical exception language.
Doctors Call for Reform After Patient Deaths
Last November, more than 100 obstetricians and gynecologists across Texas signed a letter urging lawmakers to reform the abortion ban. Their call to action followed a ProPublica investigation revealing that three women had died after doctors delayed treating miscarriages out of fear of breaking the law.
Similar efforts to amend abortion bans have begun gaining traction elsewhere. On Thursday, Kentucky lawmakers advanced a bill that adds medical exceptions to their own near-total abortion ban, echoing the direction Hughes is now proposing in Texas.
