Florida health officials told physicians Thursday that abortion is permitted “at any stage in pregnancy” to save the life and health of the mother, and regulatory action will be taken against any providers who don’t offer that care.
In a notice to providers, the Florida Department of Health and the Agency for Health Care Administration (AHCA) said Florida “requires life-saving medical care to a mother without delay when necessary.”
The agencies said a physician providing life-saving treatment for pregnant women “does not violate Florida law and that failure to do so may constitute malpractice.”
They said the alert was issued “to address misinformation currently being spread concerning Florida’s abortion laws.”
“Providers are reminded that Florida requires life-saving medical care to a mother without delay when necessary, and the Agency for Health Care Administration and the Florida Department of Health will take regulatory action when a provider fails to follow this standard of care,” the agencies said.
Florida bans abortions after fetal cardiac activity is detected, which is around six weeks. Anyone who performs an illegal abortion could be charged with a third-degree felony punishable with up to five years in prison, a $5,000 fine and loss of their medical license.
The notice was published after a report from Physicians for Human Rights said the ban created an “unworkable legal landscape.”
The ban includes exceptions in cases of rape, incest and human trafficking up to 15 weeks of pregnancy. It also allows physicians to terminate a pregnancy if necessary to save the life of the mother or prevent “a serious risk of substantial and irreversible physical impairment.”
According to the health agencies, the exceptions allow treatment, including abortions, for women who experience premature rupture of membranes, or ectopic or molar pregnancies.
Exceptions also exist up to 15 weeks for pregnancies resulting from rape, incest or human trafficking.
But doctors in states with abortion bans across the country have said the exceptions to such bans are often unclear and contradictory.
Health care providers say state abortion laws contain too much uncertainty and don’t protect them if they need to perform an abortion. As a result, stories about pregnant patients in medical distress being turned away from hospitals or being told to wait in a parking lot until their life is in danger are becoming common.
In a press call Wednesday hosted by Floridians Protecting Freedom, the group backing Florida’s ballot measure to restore abortion rights, four physicians from across the state described how difficult it has been to navigate the law’s exceptions.
Floridians Protecting Freedom is also suing AHCA over the use of state resources to launch a website alleging the amendment, which would protect access to abortion until viability, “threatens women’s safety.” The lawsuit alleges the state is interfering with the amendment.
Additionally, Florida Democratic Party Chair Nikki Fried filed criminal complaints against the head of AHCA.