Today is the five year anniversary of the launch of FemInEM. We started this organization with the goal of empowering women in emergency medicine and advocating for greater gender equity within the physician workforce. Over the past five years our community has grown and with that our mission has expanded to fight against other areas of inequity and injustice within healthcare. Unfortunately, on this anniversary we are reminded that there is still much work to be done and our ability to practice as physicians and have autonomy over our own bodies is still under threat – now more than ever. 

On September 1st, SB8, otherwise known as ‘the heartbeat bill’, went into effect in Texas. This bill essentially outlaws abortion, as it bans abortion after detection of cardiac activity, which is approximately 5-6 weeks gestation and before most women know they are pregnant. It doesn’t make any exceptions for rape or incest. What is most notable about this bill, is that it deputizes private citizens in lieu of the actual government to enforce this law. It allows any private citizen to sue any provider or any person who helped a pregnant patient obtain an abortion. A person doesn’t have to know the patient or even live in Texas to sue. This means discussing and counseling a patient in the emergency department on a newly diagnosed pregnancy could put an emergency physician at risk. Physicians could find themselves inundated with lawsuits, hindering their ability to provide patient care. It also means that poor and marginalized communities will disproportionately suffer as they will not have the means to leave Texas for care, find local providers in time, or financially survive a lawsuit brought against them for helping someone receive care. Outlawing abortion will only outlaw safe, legal abortions. Pregnant patients will continue to seek out illegal and unregulated terminations at grave risk to their lives and wellbeing; often ending up in the emergency department in extremis as a result.

Regardless of your personal views on abortion, we all believe that the confidential physician patient relationship is sacrosanct. Clinicians should be able to counsel patients and provide care that is patient-centered and based on data and their years of training and experience. Patients should be able to access the care they need and have their questions answered without fear of retribution.  Allowing private citizens to sue regardless of their personal involvement in the care, will create an environment of constant intimidation, which will prevent physicians from providing care and cause many to leave the workforce. Patients will suffer. 

Unfortunately, at this time the leading emergency medicine organizations have remained silent on this issue. What is happening in Texas affects all of us – not only because other states are attempting to replicate the law, but because it sets a dangerous precedent – allowing interference from outside parties in patient care. When patients lose access to vital services we become their last resort. We stand with the providers and people of Texas who are fighting this unjust bill and will continue to fight for the rights of patients to get the care they need. 

Please consider supporting the Texas Equal Access Fund or the Lilith Fund to ensure that pregnant people in Texas get the care they need.  And, as always, remember that elections matter.  Support candidates who reflect your beliefs.  No matter where you live. 

In solidarity

Lauren, Jenny, Lauren and Dara