Docs object to abortion counseling rule

AUSTIN, Texas (AP) — Texas medical groups object to a proposed rule for the state Women's Health Program that would ban abortion counseling, calling it a gag order on doctors.

The Dallas Morning News reported Tuesday that the Texas Medical Association and other groups say the rule is so burdensome that doctors won't want to participate in the program, regardless of whether they oppose abortion.

The Women's Health Program has been embroiled in a debate over Planned Parenthood and its involvement in cancer screening and contraception services.

Conservative state leaders have insisted that Planned Parenthood, which had served 40 percent of the 130,000 low-income women enrolled in the family planning services, should be excluded because it has a separate arm that performs abortions.

The federal government, which pays about 90 percent of the program's costs, is set to cut that funding later this year because Texas moved to exclude Planned Parenthood from participating. A federal court has tentatively found it is improper to exclude Planned Parenthood from the government program.

Gov. Rick Perry has promised that Texas will make up for the loss of federal funds to keep the program going without Planned Parenthood's involvement. Texas is now drafting rules to rework a Women's Health Program that depends heavily on private doctor participation.

The rule in question would ban doctors in the program from providing abortion counseling and extends to other doctors in their practice and patients who are not in the women's health program. Texas Medical Association President Dr. Michael Speer says it violates doctors' free speech rights.

The TMA, in conjunction with associations representing gynecologists, obstetricians, pediatricians and family doctors, sent a nine-page letter to state health officials outlining their concerns.

TMA's letter said the proposed rule would cause many doctors to refuse to participate.

Texas Health and Human Services Commission spokeswoman Stephanie Goodman said officials will carefully review the objections raised by the TMA.

"We understand that doctors have certain professional obligations to their patients, and we want to ensure that the rule allows doctors to meet those obligations," Goodman said.

TMA's letter said the proposed rule would cause many doctors to refuse to participate.

Goodman said under the rule, a doctor would be in violation of the program if he or she were affiliated with abortion providers, gave referrals, offered abortion counseling and distributed material about abortions.

Goodman said the rule could be changed. Public comment on the proposed rule ended Monday and the final rules could be adopted at any time.