In Letter, Texas Department of Health Accused by Ten Democratic Legislators of Subverting Democratic Process

11:37 am in Uncategorized by RH Reality Check

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Written by Andrea Grimes for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

In opposition to new proposed abortion reporting restrictions in Texas, ten Democratic legislators have sent an open letter to Health and Human Services Executive Commissioner Tom Suehs urging him to not to move forward with the new rules, which would increase the amount of information gathered on abortion-seeking people and require doctors to report vaguely defined “complications” from abortion.

“The proposed rule does not represent the will of the legislative body and, if implemented through rulemaking, would serve to circumvent the legislative process,” wrote the legislators.

The new rules are being proposed after anti-choice, Tea Party-endorsed legislator Rep. Bill Zedler and his past colleagues were repeatedly unable to enact them through democratic means in the Texas Legislature over the past several years. Texas health officials have agreed to look into adopting the failed legislation by rule rather than law. In their letter, the Democratic legislators say this sets a “terrible precedent.”

“If this rule is published and adopted, it sets a terrible precedent and will have serious ramifications for years to come,” write the legislators.

But Texas health officials seem anxious to appease Zedler, though they are increasingly backtracking on initial openness about cooperating with the legislator.

As originally reported by RH Reality Check, at the first public meeting discussing the new requirements in April 2012, Department of State Health Services regulatory unit manager Renee Clack said the meeting was called to discuss “some amendments the department has included that specifically relate to a request by Representative Zedler.”

DSHS’ openness about the origins of their new rule are also illustrated in documents obtained by the Austin Chronicle and shared with RH Reality Check this week. They include a March 21, 2012 memo sent from Department of State Health Services Commissioner David Lakey to Executive Commissioner Suehs “to discuss possible reporting requirements that relate to an amendment by Representative William Zedler.” The memo describes the rules’ background thusly: Read the rest of this entry →