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"It is time to allow those doctors and nurses to return to work," Gov. Greg Abbott said Friday. (Charlie L. Harper III)
Restrictions on nonessential medical procedures were rolled back today per an executive order issued by Gov. Greg Abbott.
Some surgeries will be allowed to resume, as long as health care facilities certify that they will not deplete hospital capacity or the personal protective equipment (PPE) needed to respond to the COVID-19 pandemic.
The ban on nonessential procedures dates back to last month, when the governor issued an executive order to contain the spread of the coronavirus and free up medical resources.
The original order did not specify which procedures were allowed, instead leaving it up to physicians to decide if a procedure was "immediately medically necessary" to prevent serious adverse consequences or death. Failure to comply ran the risk of a fine or jail time.
"There was no clear-cut distinction as to how we were to interpret the rule," said Dr. Shaun McKenzie, a surgical oncologist who works at Texas Oncology's North and South Austin locations. The original order significantly impacted some of his patients, whose cancer surgeries were not considered essential.
"You just have to imagine a patient who has a life-threatening illness [and] who has a potentially curative surgery scheduled being told, 'Well, it's not going to happen,'" he said.
As a result of the initial order, many private practices and hospitals saw their revenue drop precipitously, and groups—including the Texas Medical Association and all 31 state senators—called on the governor to reconsider.
"Many doctors and nurses have been sidelined because of the need to postpone nonessential medical procedures," Abbott said during a press conference on Friday announcing the restrictions would be loosened. "It is time to allow those doctors and nurses to return to work."
Specifically, under the order issued Friday—which is in effect until May 8—nonessential surgeries and procedures may be performed at licensed health care facilities that have certified in writing that they will reserve at least 25% of capacity for COVID-19 patients and they will not request any PPE from public entities for the duration of the pandemic.
TMA President Dr. David Fleeger commended the governor's decision last week to allow for nonessential surgeries but expressed concern about the continued shortage of PPE and testing.
According to a TMA survey conducted earlier this month, nearly two-thirds of physicians practicing in non-hospital settings reported they had less than one week's supply of the most critical PPE supplies.
Tom Banning, CEO of the Texas Academy of Family Physicians, echoed this concern, saying the conditions could prove problematic. But he added that until state regulatory agencies issue their guidance the true impact is unknown.
"Having the ability to allow doctors to use their clinical discretion or professional judgment to determine whether a service is needed or not is really what's most important," Banning said. "And it would appear that the governor's executive order would allow for that professional discretion, assuming that other key components, like sufficiency of PPE … and bed capacity is met."
Dr. McKenzie is optimistic about the regulatory change. Texas Oncology has assembled a COVID task force, which has ensured adequate PPE supply across its 210 locations. "The reality is I think that we positioned ourselves very well," he said.
For hospitals treating COVID patients, PPE might be a bigger issue, and the decision to resume elective surgeries may be more fraught.
"The concern … is that if we have a surge and we start requiring more inpatient care for our COVID population that the hospitals are positioned to meet that demand," Dr. McKenzie said. "And so the hospitals have to take ownership of saying they have the resources to do these elective surgeries."
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(Paxton Smith/Instagram)
Paxton Smith’s 2021 valedictory speech at Lake Highlands High School in Dallas wasn’t the same speech she had previously shared with school administrators. She dropped the approved speech and made a case for women’s reproductive rights after lawmakers passed the Texas "Heartbeat Bill.”
Her advocacy made news on NPR, YouTubeTV and in The Guardian. Just over a year later, the “war on (women’s) rights” she forewarned has come to a head as the U.S. Supreme Court voted Friday morning to overturn Roe v. Wade, ending constitutional protection for abortion access.
“It is up to the people to show up and show the courts and the politicians that we won’t sit back and let this happen,” Smith told Austonia Friday morning. “We will show up, we will fight back. Before, we were scared of them, now they should be scared of us.”
Now a University of Texas sophomore and abortion rights activist, 19-year-old Smith said she wanted to give the same speech in the “the most public way possible” to reach “as many people as possible who don't agree that I deserve this right.”
However, she says the response was “actually overwhelmingly positive” and supportive of her cause. According to a recent UT poll, 78% of Texas voters support abortion access in most cases.
The speech opened up further opportunities for activism: she advocated for reproductive rights at the International Forum on Human Rights in Geneva, interviewed with Variety magazine and spoke to tens of thousands at Austin’s Bans Off Our Bodies protest at the Texas Capitol in May.
Smith also serves on the board of directors for the Women’s Reproductive Rights Assistance Project, a national nonprofit organization that helps fund abortions or medication abortion—like Plan C pills—in all 50 states. Most recently, Smith has been attending protests in Washington, D.C. leading up to the ruling.
“This is land of the free. This is where you get to choose how you live your life,” Smith said. “Overturning Roe v. Wade violates everything that we have come to believe about what it means to live in this country. I think a lot of people aren't willing to accept that this is a human right that is most likely just going to be gone for over half of the country within the next couple of weeks.”
Bracing for the next steps, Smith gave some tips for supporters:
- Find a protest to attend.
- “I would say invite somebody to go to those protests with you, invite a couple of friends, invite people into the movement,” Smith said.
- Talk about the issue on social media—use the platform you have.
- “Have these kinds of conversations where people can just talk about their fears and then find ways to go and advocate for yourself,” Smith said.
- Volunteer at a nonprofit near you.
“I feel like a lot of the reason things have gotten as bad as they have within the abortion rights world is that people are not making a scene, not protesting, not putting the effort into ensuring that the government doesn't take away this right,” Smith said. “I want to emphasize that if you're not doing anything, don't expect the best scenario, expect the worst because that's the direction that we're going in.”
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(Council Member Chito Vela/Twitter)
The U.S. Supreme Court overturned Roe v. Wade, the landmark ruling that guaranteed a constitutional right to an abortion, Friday morning. Moments later, Austin City Council set a special meeting for next month to pass a resolution aimed at decriminalizing abortion.
The GRACE Act, which stands for guarding the right to abortion care for everyone, is a twofold plan submitted by council member Jose “Chito” Vela. It recommends that city funds shouldn’t be used to surveil, catalog, report or investigate abortions. It also recommends that police make investigating abortion their lowest priority.
Council Member Vanessa Fuentes, who co-sponsored the resolution along with council members Paige Ellis, Kathie Tovo and Mayor Steve Adler, said the importance of the GRACE Act cannot be overstated.
“By introducing this resolution during a special session, City Council is doubling down on fighting back for reproductive health,” Fuentes said. “Items like the GRACE Act will promote essential healthcare while enabling individuals to exercise their bodily freedom.”
The act takes an approach similar to when former council member Greg Casar moved to decriminalize the possession of small amounts of marijuana. Ultimately, state law doesn't allow city officials to order police chiefs to adopt specific enforcement policies so the resolution would be a request to Police Chief Joe Chacon. In May, Politico reported that Vela is having "ongoing conversations" with Chacon about the proposal.
Austonia contacted Attorney General Ken Paxton for comment on the GRACE Act but did not hear back by time of publication. On Friday, Paxton celebrated the overturning of Roe and announced an annual office holiday on June 24 in recognition of the high court's decision.
In a press release, Vela said the Texas state government has a history of overturning municipal protections of human rights. Thirty days after the Supreme Court’s ruling, Texas will ban all abortions, with exceptions only to save the life of a pregnant patient or prevent “substantial impairment of major bodily function.”
Still, Vela expressed hope for the GRACE Act’s longevity. Council’s special meeting on it is set for the week of July 18.
“We know this resolution is legally sound, and Austin is not alone in this fight,” Vela said. “We are working with several other cities who are equally horrified by the prospect of an abortion ban and want to do everything they can to protect their residents.”
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