EMTALA’s pre-empting capacity would seem to address many of the concerns that Texas physicians have expressed. Yet it’s not been mentioned as an affirmative defense in several of the discussions I’ve heard on reputable news sources; e.g., NPR. Apparently not being hauled into court is - understandably - still a very significant barrier to physicians providing necessary care EVEN in what some would define (but some might not) as emergency situations. In Texas, to be found guilty involves loss of one’s medical license, a six-figure fine, and significant time in prison - too draconian for most physicians to risk, particularly when a Texas state court would probably uphold the state statute regardless of EMTALA, and force the physician into a lengthy and expensive appeal process which might or might not eventually result in acquittal or the case being thrown out.
EMTALA’s pre-empting capacity would seem to address many of the concerns that Texas physicians have expressed. Yet it’s not been mentioned as an affirmative defense in several of the discussions I’ve heard on reputable news sources; e.g., NPR. Apparently not being hauled into court is - understandably - still a very significant barrier to physicians providing necessary care EVEN in what some would define (but some might not) as emergency situations. In Texas, to be found guilty involves loss of one’s medical license, a six-figure fine, and significant time in prison - too draconian for most physicians to risk, particularly when a Texas state court would probably uphold the state statute regardless of EMTALA, and force the physician into a lengthy and expensive appeal process which might or might not eventually result in acquittal or the case being thrown out.