Exemptions: Conditions where it is necessary to avoid serious risk for death or a serious risk of a life-threatening physical impairment of a major body function (not including psychological or emotional conditions). Excludes procedures aimed at live birth, treating ectopic pregnancies, or removing a deceased fetus.

Suggestions: Document treatment for ectopic pregnancy as exempt. For spontaneous abortion cases like sepsis or severe bleeding, document health or reproductive risks.

South Dakota

Statute: S.D. Codified Laws § 22-17-5.1, et seq.

Exemptions: Treatment necessary to preserve the pregnant person’s life.

Suggestions: Document the life threat. For ectopic pregnancy, mention the life threat and evidence supporting that medical treatment may prevent surgery and enhance future fertility.

Tennessee

Statute: Tenn. Code Ann. § 39-15-213, et seq.

Exemptions: Ectopic pregnancy, molar pregnancy, deceased fetus, and substantial risk for death or serious risk of an irreversible impairment of a bodily function to the pregnant person.

Suggestions: Document that ectopic pregnancy treatment is exempt. For spontaneous miscarriage posing health risks, document the life/health threat and when continuation is more likely to harm the pregnant person.

Texas

Statute: Tex. Health and Safety Code § 170A.001, et seq.; § 245.002

Exemptions: Excludes procedures for removing a deceased fetus caused by spontaneous abortion, ectopic pregnancies, and life-threatening physical condition or serious risk for an irreversible impairment of a bodily function to the pregnant person.

Suggestions: Document ectopic pregnancies and nonviable miscarriages as exempt, explicitly noting any life/reproductive health threats.

West Virginia

Statute: W. VA Code § 16-2R-1, et seq.

Exemptions: Nonviable embryo/fetus, ectopic pregnancy, or medical emergencies where it is necessary to avoid serious risk for death or a serious risk for a life-threatening physical impairment of a major body function (not including psychological or emotional conditions).

Suggestions: Document fetal nonviability, ectopic pregnancy, or the need for emergency treatment potentially ending the pregnancy.

Dr. Bedolla is assistant professor at the University of Texas Dell Medical School and national director of risk science at US Acute Care Solutions.

References

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2. Gostin LO, Wetter S, Reingold RB. One year after Dobbs-Vast changes to the abortion legal landscape. JAMA Health Forum. 2023;4(8):e233091.
3. Manninen BA. A critical analysis of Dobbs v. Jackson Women’s Health Organization and the consequences of fetal personhood. Camb Q Healthc Ethics. 2023;32(3):357-367.
4. Fox D. The abortion double bind. Am J Public Health. 2023;113(10):1068-1073.
5. Lilly AG, Newman IP, Bjork-James S. Our hands are tied: abortion bans and hesitant medicine. Soc Sci Med. 2024;350:116912.