Florida says people getting abortions will not be penalized, clarifies medical exceptions

As of Wednesday, May 1, Florida joined several other states in banning nearly all abortions after six weeks. Critics have pointed out that many people don't find out they're pregnant by then, and say the medical exceptions provided in the law to save the pregnant person's life or avoid irreversible damage in cases of dire need are intentionally vague and confusing.

“This ban is putting lives at risk,” said state Sen. Bobby Powell, D-West Palm Beach. “People are going to die. ... That’s what it’s going to lead to for the women in the state of Florida.”

The state is fighting back. In a post on X, formerly Twitter, the Agency for Health Care Administration released some clarification Wednesday to "combat the lies and misinformation surrounding Florida’s Heartbeat Protection Act."

Notable among the items listed in the "Myth vs. Fact" flier the agency posted are that a pregnant person seeking or getting an abortion will not be subject to criminal penalties and that abortions for ectopic pregnancies, premature rupture of membranes or miscarriages are not prohibited.

None of these facts are explicitly mentioned in the new law or Florida statutes, although Democrats tried and failed to have similar clarifications added to the bill last year.

Cases of women nearly dying due to doctors and hospitals, afraid of repercussions and ill-defined rules, delaying care or turning them away have sprung up in other states with similarly restrictive laws. In Florida, a doctor told a woman in Miramar who was experiencing premature rupture of the membrane (PROM) that he couldn't deliver the fetus because of the state's 15-week ban. She delivered it herself alone in a hair salon bathroom last April and lost half her blood before EMTs arrived.

In 2022, a woman in Lakeland was forced to give birth to a baby with no kidneys or lungs that died shortly afterward. A Planned Parenthood doctor turned away a 14-year-old rape victim trying to terminate her pregnancy because of Florida's abortion ban, according to a lawsuit challenging the law.

Early reports from a University of California San Francisco study found that recent abortion bans have contributed to "preventable complications, such as severe infection" because healthcare providers "reported their 'hands were tied.'"

The day the 6-week ban went into effect, the Florida National Organization for Women (NOW) issued a travel advisory warning pregnant people to avoid travel or relocation to Florida due to "significant concerns regarding the availability of essential healthcare services for pregnant individuals with both wanted and unwanted pregnancies."

“Florida works to ensure the health and safety of mothers and babies by continuing to hold medical providers accountable to the standards of their oath to protect and ensure the health and well-being of their patient,” the AHCA flier said.

In November, Florida voters will be able to decide if they want to return state abortion laws back to something resembling previous federal law under Roe v. Wade.

What is Florida's abortion law?

Following the Florida Supreme Court decision on the constitutionality of a 2022 15-week abortion ban in April, a more restrictive 6-week ban passed last year went into effect on May 1. Abortions after six weeks of gestation (with some exceptions) are prohibited and anyone performing one or assisting someone to get one is subject to criminal charges, fines and/or loss of medical licenses.

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What are the exceptions to Florida's 6-week abortion ban?

According to Florida Statutes and the new ban created by SB 300, abortions after six weeks are only allowed:

• If necessary to "save the pregnant woman’s life or to avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition"

• If "in reasonable medical judgment, the fetus has a fatal fetal abnormality"

The decision must be certified in writing by two physicians. Even then, abortions are banned under the new bill if the pregnancy has "progressed to the third trimester." Medical abortions are also prohibited unless performed in person by a healthcare professional which bans home use of so-called "abortion pills" mifepristone and misoprostol,

According to the AHCA, pregnant people will not be forced to give birth if their life or health will be in jeopardy.

Abortions also may be performed in Florida up to 15 weeks if the patient is pregnant due to rape, incest or human trafficking but only if the pregnant person has copies of "a restraining order, police report, medical record, or other court order or documentation" to provide evidence that they are a victim of rape or incest.

What is an ectopic pregnancy?

In an ectopic pregnancy, a fertilized egg implants outside of the uterus, usually in the Fallopian tubes, according to information from the Mayo Clinic, When that happens the egg cannot survive and the growing tissue may cause life-threatening bleeding.

"Treatment to remove an ectopic pregnancy is not prohibited under Florida law," the AHCA flier said.

What is premature rupture of membranes (PROM)?

Commonly referred to as "water breaking," PROM normally occurs when the protective amniotic sac around the fetus bursts before or during labor. If it happens prematurely (considered to be before the 37th week of pregnancy) it can cause serious infections and complications.

"Florida law does not prohibit treatment for women who experience premature rupture of membranes (PROM)," the AHCA said, "and as such, physicians in Florida should follow established standards of care regarding the most appropriate course of action for PROM."

What is a miscarriage?

"Miscarriage is the sudden loss of a pregnancy before the 20th week," the Mayo Clinic says, and up to 20% of known pregnancies end in miscarriage although that number is likely much higher. Miscarriages often happen when the fetus does not develop properly.

"Florida law does not prohibit the removal of a pregnancy for women who experience a miscarriage in any circumstance," the AHCA said.

When do most people find out they're pregnant?

Most people find out they're pregnant before six weeks, but one in three do not and one in five won't know till after seven weeks, according to a 2021 study from ANSIRH at the University of California San Francisco. The percentage is even higher — almost two in three people — for teens between ages 15 and 19 who become pregnant and don't find out until six weeks or later, the study found.

Symptoms vary wildly between individuals and even between different pregnancies for the same person, and irregular menstrual cycles can make it difficult for a person not actively trying to get pregnant to notice in time.

The AHCA responded to this issue by mentioning pregnancy tests, which detect the presence of a hormone called human chorionic gonadotropin, or hCG. The agency said "pregnancy tests have evolved substantially over the years. Trace levels of hCG can now be detected as early as eight days after ovulation."

However, while some pregnancy tests advertise earlier detection, medical experts say a week after the first day of a person's missed period is more accurate. According to a clevelandclinic.org post in 2022, "If you take a test too soon, it could be negative even if you're pregnant."

Can I go to jail for getting an abortion after 6 weeks in Florida?

Florida law prohibits anyone from willfully performing or actively helping someone get an abortion outside of the six-week gestational period or the legal exemptions. Doing so is considered a third-degree felony, punishable by fines and imprisonment of five years.

"Florida's criminal abortion penalties do not apply to pregnant women," the AHCA said. Florida law only states that a person upon whom a partial-birth abortion is performed, which is illegal, may not be prosecuted.

What would Amendment 4, Florida's abortion amendment do?

The proposed amendment submitted by Floridians Protecting Freedom that will appear on November's ballot reads:

“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. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”

Fetal viability has been put at about 24 weeks.

For the amendment to pass it must win by a supermajority, or at least 60% of the vote. According to an exclusive USA TODAY/Ipsos poll of more than 1,000 Floridians, half said they would vote in favor.

Rumors of a special legislative session to consider stricter immigration laws have been floated but Gov. Ron DeSantis said he was unaware of any plans to address the abortion amendment.

"That would be news to me if there were to happen in terms of any other amendments being added to the ballot," he said during a press conference Thursday in Jacksonville. "There may be people in the Legislature talking. Not coming from me."

This article originally appeared on The Daytona Beach News-Journal: Abortion law in Florida, myth vs. fact, Roe v. Wade, medical exceptions