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Abortion Tennessee
FILE - An. Abortion rights demonstrator holds a sign during a rally on May 14, 2022, in Chattanooga, Tenn. (AP Photo/Ben Margot, File)

Tennessee judges say doctors can't be disciplined for providing emergency abortions

A three-judge panel has ruled that Tennessee cannot discipline doctors who provide emergency abortions to protect the life of the mother while a lawsuit challenging the state’s sweeping abortion ban continues

By KIMBERLEE KRUESI
Published - Oct 17, 2024, 08:55 PM ET
Last Updated - Dec 16, 2024, 06:13 PM EST

NASHVILLE, Tenn. (AP) — A three-judge panel on Thursday ruled that Tennessee doctors who provide emergency abortions to protect the life of the mother cannot have their medical licenses revoked or face other disciplinary actions while a lawsuit challenging the state's sweeping abortion ban continues.

The ruling also outlined specific pregnancy-related conditions that would now qualify as “medical necessity exceptions” under the ban, which currently does not include exceptions for fetal anomalies or for victims of rape or incest.

“This lack of clarity is evidenced by the confusion and lack of consensus within the Tennessee medical community on the circumstances requiring necessary health- and life-saving abortion care,” the ruling stated. “The evidence presented underscores how serious, difficult, and complex these issues are and raises significant questions as to whether the medical necessity exception is sufficiently narrow to serve a compelling state interest.”

The judges determined that the following medical conditions now fall under the state's abortion exemptions: premature rupture of the amniotic sac that surrounds the fetus; inevitable abortions; fatal fetal diagnoses that result in severe preeclampsia or mirror syndrome associated with fetal hydrops; and fatal fetal diagnoses leading to an infection that will result in uterine rupture or potential loss of fertility.

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