Notice to Health Care Providers Regarding Misinformation About Abortions in Florida
This Provider Alert is being issued to address misinformation currently being spread concerning Florida’s abortion laws. The law is clear: abortion is permissible at any stage of pregnancy in Florida to save the life and health of the mother. Abortion is also available when the pregnancy results from rape, incest, or human trafficking, or has a fatal fetal abnormality.
Section 390.0111(1), Florida Statutes, currently lists express exceptions that allow for an abortion at any point in pregnancy to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function. These exceptions allow treatment, including abortions, for women who experience premature rupture of membranes (PROM), ectopic, or molar pregnancies, and as such, physicians in Florida are expected to follow standards of care regarding the most appropriate course of action in these situations. Exceptions also exist up to 15 weeks for pregnancies resulting from rape, incest, or human trafficking.
Health care facilities and providers must be aware that a physician providing life-saving treatment for pregnant women does not violate Florida law and that failure to do so may constitute malpractice. Additionally, a miscarriage is not an abortion. Section 390.011(1), Florida Statutes, defines “abortion” to mean the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. A miscarriage does not produce a live birth.
Providers are reminded that Florida requires life-saving medical care to a mother without delay when necessary, and the Florida Department of Health and the Agency for Health Care Administration will take regulatory action when a provider fails to follow this standard of care.
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