Doctors shouldn't have to risk arrest to be board certified
It’s hard to imagine a more dangerous place for abortion providers than Texas. Doctors who perform abortions face up to life in prison, with civil penalties of at least $100,000. That’s to say nothing of the physical risks: violence against providers and clinics has skyrocketed since Roe was overturned, with a 2022 study showing major increases in stalking, death threats, and invasions.
So you can imagine how OBGYNs felt when they got an email last month from the American Board of Obstetrics & Gynecology (ABOG) telling them they’d have to take their certifying exams in Texas this year.
[…]
ABOG, headquartered in Dallas, is telling candidates that they “should not be at legal risk” because Texas’ criminal and civil penalties only apply to abortions performed in the state. But the group hasn’t addressed the danger for doctors in pro-choice states who ship abortion medication to Texas patients via telehealth—potentially a tremendous criminal risk.
It was also just last week that a group of Republican attorneys general, including Texas AG Ken Paxton, pushed the Biden administration to allow them access to medical records of those who get out-of-state abortions. So if there’s a question of how broadly Texas law enforcement plans to interpret their ban, it seems fair that doctors would want to err on the side of caution.
Especially considering that the exam itself necessitates that some doctors talk about their work in abortion care: In order to be certified, OBGYNs must prepare a list of cases that they’ve worked on and are ready to discuss with a panel of examiners.
For OBGYNs of reproductive age, the threat of traveling to Texas goes beyond legal concerns. Those who are pregnant or considering becoming pregnant aren’t keen on being in a state that would rather let them die than provide them an abortion.
And while ABOG says they have a partnership with a nearby hospital offering “high standards of obstetrical care in medical emergencies,” pregnant OBGYNs know better than anyone what the standard of care is—and that they’ll be unable to get it in Texas. After all, the state is being sued right now by 15 women whose lives and health were endangered by the ban.
There’s also something uniquely terrifying about the idea of hundreds of OBGYNs, many of whom perform abortions, all descending on one publicly-listed building at the same time in a state filled with anti-abortion sentiment, few gun regulations, and a recent spate of mass shootings. (ABOG’s emailed promise that their staff is trained in “active shooter response” isn’t all that reassuring.)
Given the legal, physical, and emotional threats to doctors—testing-taking is anxiety-inducing enough in a state where you’re not afraid of being arrested or killed—there’s no real justification for ABOG’s decision.
It’s plainly unethical to ask doctors to put their freedom and lives at risk over an exam that could be given remotely or in another state.
[…]
Given that the exams have been successfully conducted remotely, and that ABOG is explicit in their support for reproductive rights—even threatening to revoke the board certification of doctors who spread misinformation about the procedure—some OBGYNs believe the organization’s insistence on holding the exams in Texas must be a financial one.
