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Florida tells doctors abortions to save a woman's life do not violate new state ban

Skyler Swisher, Orlando Sentinel on

Published in News & Features

ORLANDO, Fla. — Florida health officials reiterated Thursday that state law allows abortions at any point in pregnancy to save the life of the mother, responding to concerns that Florida’s new six-week abortion ban is tying doctors’ hands and putting women in danger.

The state’s “provider alert” said abortions can be performed “to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function.”

Failing to provide that “life-saving treatment” could constitute medical malpractice, the Florida Agency for Health Care Administration and the Florida Department of Health warned in a notice to providers distributed by email and social media.

The notice was released a day after several doctors supporting Amendment 4 — which would enshrine abortion rights into the state constitution — said in news conference that the exceptions in Florida’s abortion ban aren’t real exceptions.

“These so-called exceptions are a mirage,” said Dr. Jerry Goodman, a Sarasota-based OB-GYN, who spoke at the pro-Amendment 4 event on Wednesday. “Patients face overwhelming legal and procedural and logistical hurdles making accessing care nearly impossible, particularly at three ‘o clock in the morning when these emergencies often arise.”

Florida’s abortion ban, which went into effect May 1, has exceptions up to 15 weeks for pregnancies resulting from rape, incest, or human trafficking, or if a “fatal fetal abnormality” is detected, the notice added. The memo included a line in bold that “a miscarriage is not an abortion.”

Abortions are permissible for women who experience premature rupture of membranes, as well as ectopic or molar pregnancies, all of which are serious complications, according to the memo.

But several doctors supporting Amendment 4 said at the news conference that the state’s abortion exceptions could be hard to meet. For instance, 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 state’s ban has sparked fear and led to confusion over what constitutes a serious health risk under Florida’s “narrow medical exceptions,” according to a report from Physicians for Human Rights released on Tuesday.

“Several clinicians described cases of being required by their hospitals to wait until patients become ‘sick enough’ to qualify for care,” the report found.

A physician who performs an illegal abortion could face a third-degree felony charge punishable by up to five years in prison and a $5,000 fine.

State officials said they issued the notice in response to “misinformation” about Florida’s abortion laws.

 

Their guidance comes as voters prepare to take up Amendment 4, which would overturn the state’s six-week ban and protect abortion access up until viability, typically defined as about 24 weeks of pregnancy. If approved by at least 60% of voters in November, it also would guarantee abortion access “when necessary to protect the patient’s health, as determined by the patient’s health care provider.”

Dr. Chelsea Daniels, a Miami-based provider, also urged voters to support Amendment 4. She said she has seen patients with nonviable pregnancies who have been turned away from care.

“I saw a patient a few weeks ago who came to me with four ultrasounds from four different clinics showing a nonviable pregnancy and she was still carrying this pregnancy when she came to me,” Daniels said.

Opponents argue Amendment 4 is vague and misleads voters by failing to define key terms like “viability” and “healthcare provider.” A group called Physicians Against Amendment 4 denounced the measure at an event earlier this month in Orlando, calling it “overreaching,” “too permissive” and “irresponsible.”

Gov. Ron DeSantis and state officials have been under fire from critics who accuse them of unlawfully using taxpayer resources to try to sway the results of Amendment 4. The agency launched a webpage earlier this month, proclaiming that existing Florida law “protects women” while the initiative enshrining abortion rights into the state constitution “threatens women’s safety.”

It also released a “public service announcement” video that includes information about Florida’s abortion laws and an assurance that “Florida cares about women and families.”

Two lawsuits have been filed challenging the agency’s webpage, and Florida Democrats have pushed for a criminal investigation.

Florida law stipulates that “no employee in the career service” shall “use the authority of his or her position to secure support for, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof.”

State officials, though, say the website is informational and complies with that law.

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©2024 Orlando Sentinel. Visit at orlandosentinel.com. Distributed by Tribune Content Agency, LLC.

 

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