Florida health regulators on Thursday sent an “alert” telling physicians that abortion is permitted “at any stage in pregnancy” to protect the life and health of the mother and that “failure to do so may constitute malpractice.”
The Agency for Health Care Administration said the notice was sent to address “misinformation currently being spread” about Florida’s abortion law, which bans most abortions after six weeks of pregnancy.
Much of the notice is essentially a verbatim reminder of the state statute (390.0111) that went into effect May 1.
The notice goes through exceptions that allow for abortion, including cases of rape, incest and human trafficking up to 15 weeks of pregnancy. It also states in bold type that “miscarriage is not an abortion.”
The law also permits abortion if there is a fatal fetal abnormality to save the patient’s life or to “avert a serious risk of substantial and irreversible physical impairment of a major bodily function.” These include the premature rupture of membranes (PROM), and ectopic, or molar pregnancies.
“Physicians in Florida are expected to follow standards of care regarding the most appropriate course of action in these situations,” the notice said.
The notice comes after renewed outcries about the ban and a recent ProPublica investigation that found similar bans in other states led to delays in medical care and even deaths.
On Tuesday, a report from Physicians for Human Rights noted that the law creates an “unworkable legal landscape that endangers both patients and clinicians.”
Last week, Sarasota OB-GYN Dr. Jerry Goodman echoed the concerns of other physicians when he told reporters the law “ties my hands and puts lives at risk.” Others have complained that the exceptions can be hard to meet.
For example:
Regarding fetal abnormalities, two physicians must first certify in writing that “in reasonable medical judgment” an abortion is necessary unless there is an emergency.
Also, the law requires women who are raped to provide legal documentation, such as a police report, a barrier that the doctors said can delay care or block access.
The notice repeats many of the same points AHCA sent in an emergency rules notification to physicians in May.
Gov. Ron DeSantis and the Republican-controlled Legislature approved the six-week limit in 2023 after passing a 15-week limit in 2022. The state Supreme Court on April 1 rejected a constitutional challenge by abortion rights supporters to the 15-week limit, and that allowed the six-week ban to take effect.
Meanwhile, the state Supreme Court also allowed an abortion rights constitutional amendment to go on the Nov. 5 ballot. Abortion rights supporters have turned to ballot initiatives in many states after the U.S. Supreme Court in 2022 struck down the landmark Roe v. Wade decision and left abortion to the states.
The proposed Florida amendment (Amendment 4) says, in part, that no “law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider.” It needs approval from 60 percent of voters to pass.
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