Doctor criticizes cumbersome testing for OB/GYNs
Requiring in-person examinations in Texas poses legal and other risks
Cumbersome testing requirements from the American Board of Obstetrics & Gynecology have forced OB/GYNs into dangerous circumstances.
Previously, the board examination hadn’t been done in person. It had been done virtually. The board is located in Dallas. They had previously done an exam there, but that was before the political upheaval in the last few years, culminating in the overturning of Roe v. Wade.
Many doctors, including Dr. Joseph Ottolenghi, who’s based in New York, raised concerns about safety and criminal liability for them to come to Texas.
“Everything will be fine until something does happen,” Ottolenghi said.
ABOG’s lawyer told him that the antiabortion laws in Texas were essentially untested. There was no precedent. They told Ottolenghi that they thought he would be safe but that he should seek legal advice anyway. The board has claimed it moved to in-person examinations because they were easier to administer and organize.
“It's not that I don't want to get my board certification,” Ottolenghi said. “I just want to do so in a way that's going to be safe for me. And I'm not really being allowed to do that.”
ABOG Staff encouraged Ottolenghi to claim a disability. But they did not say how he might prove or apply for one.
OB/GYNs can practice without getting a certification, but there are some negative professional consequences for not having one. Most hospitals require board certification to have privileges. Many insurance plans also require members to be board-certified.
In an ideal world, they would have both the in-person and online options available to doctors to pass their certification exams.
“They did this test virtually for three years,” Ottolenghi said. “I don't see any reason why I can't be allowed to take it virtually this year or next year. It doesn't make sense to me.”
Ottolenghi has taken care of patients who were from Texas. He also provides medication abortions to some from there. He worries that Texas AG Ken Paxton will say that those abortions happened while in the state, which would make him a criminal for providing those prescriptions.
Ottolenghi said he won’t be able to care for sicker patients because he won’t have admitting privileges to a hospital. It’s going to have a downstream effect.
“Providing this test virtually as it's been done for the last three years just seems like a no-brainer,” Ottolenghi said. “It seems like it should just be something easy, like literally a checkbox, when you register to take the exam, you can check, ‘Yeah, I'd like to take it in person, or I'd like to take it online.’”