Florida Department of Health issues guidance to healthcare providers on state abortion laws

by | Sep 19, 2024



The Florida Department of Health issued a directive reminding healthcare providers they are legally required to provide immediate, life-saving care to pregnant patients in life-threatening situations, warning that failure to do so could result in malpractice or regulatory actions.


The Florida Department of Health issued on Thursday a directive to healthcare providers statewide, clarifying their legal obligations regarding abortions in life-threatening situations.

The notice seeks to dispel misinformation about the state’s abortion laws, noting that providers are legally required to deliver immediate, life-saving care to pregnant patients when necessary. The communication highlights Florida Statute that permits abortions at any stage of pregnancy if they are necessary to save the life of the mother or prevent irreversible physical harm. The agency stated that such provisions specifically apply to medical conditions such as premature rupture of membranes, ectopic pregnancies, and molar pregnancies, all of which pose serious risks if not treated promptly.

“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,” the document reads.

The letter additionally reiterates that abortions are allowed up to 15 weeks of pregnancy in cases of rape, incest, human trafficking, or fatal fetal abnormalities, while warning that healthcare providers who fail to offer necessary care in life-threatening situations could face regulatory actions, and potentially be held liable for malpractice under state law. The department further clarified that miscarriages are distinct from abortions under Florida law.

The agency warned providers that both the Florida Department of Health and the Agency for Health Care Administration will pursue regulatory penalties, including the potential loss of licenses, for failing to adhere to legal guidelines.

“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,” Florida Health wrote.

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