House Bill 2

Spencer Selvidge/KUT

Houston doctor Theodore Herring Jr. had his license temporarily suspended last week, after he was found to have violated a new state law requiring abortion doctors to have admitting privileges at a nearby hospital.

That provision is among the ones under review by the Fifth U.S. Circuit Court of Appeals. While the law is tied up in that court, abortion doctors in Texas are still required to follow it – meaning they need admitting privileges at a hospital within 30 miles of their clinic.

Veronica Zaragovia, KUT

A Texas doctor is without his medical license for violating a part of the state’s new abortion law. 

The Texas Medical Board temporarily suspended the license on Feb. 13 of Dr. Theodore Herring, Jr. He performed almost 270 abortions between last November and earlier February without having the required hospital admitting privileges.

It’s the first time that a Texas doctor has faced license suspension since most of the state’s abortion law's provisions went into effect in October. The law requires abortion doctors to have admitting privileges at a hospital within 30 miles of the clinic.

photo courtesy Bobak Ha'Eri

A federal appeals court is deciding whether certain provisions of Texas’ new abortion law are unconstitutional.

In making that decision, judges will have to weigh those provisions using what’s known as “the undue burden test.”

For two decades, judges have been weighing the constitutionality of abortion regulations using this concept.

Veronica Zaragovia, KUT News

Texas Attorney General Greg Abbott has appealed yesterday’s ruling striking down part of the state’s new restrictions on abortion.

Yesterday, U.S. District Judge Lee Yeakel ruled a requirement that doctors who perform abortions have admitting privileges at a hospital within 30 miles of their clinics was unconstitutional. Judge Yeakel partially allowed another provision to stand, ruling a new requirement that doctors follow FDA protocol for dispensing abortion-inducing drugs was not an undue burden – unless the woman’s life was in danger due to the pregnancy.