New Abortion Laws in Florida

What do Florida's new laws mean for me?

The new law, the "Reducing Fetal and Infant Mortality" law (HB 5), makes the following changes to current Florida law:

• It redefines "gestation" to "as calculated from the first day of the pregnant 
  woman's last menstrual period."
• It changes the legal period of abortion from before 24 weeks, to before the 
  "gestational age of 15 weeks."
• Abortions are completely banned after that time unless two physicians certify in 
  writing that, in reasonable medical judgment, terminating the pregnancy is 
  necessary to save the pregnant woman's life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the woman "other than psychological," or if the fetus has not achieved viability (as defined under Florida Statute 390.01112) and two physicians certify in writing that in reasonable medical judgment, the fetus has a fatal abnormality.

Does the Florida abortion bill make any exceptions for rape, incest, human trafficking, or mental health? 

No, it does not.

Are there any exceptions to the abortion ban after 15 weeks? 

Yes. The Florida law does permit an abortion after 15 weeks as an emergency procedure to save the woman's life when there's a risk of physical impairment to the mother if the pregnancy is carried to full term, or if in reasonable medical judgment the fetus has a fatal abnormality.
For each condition, two physicians must certify this in writing, although one physician may certify it if another physician is not available for consultation.

If I get an abortion after 15 weeks will I be charged with murder? 

Unlike Georgia's abortion laws, Florida does not expressly define a fetus as a human being and there are currently no listed penalties for the person getting the abortion. The state's existing laws only penalize the doctor(s) performing it or anyone actively participating in the procedure.

Are abortion pills still legal in Florida? 

Yes. However, medical abortions are only offered through the first 10 weeks of 
pregnancy and Florida law does require that a physician must be involved for any abortion at any point in the pregnancy.

When does the new Florida abortion law take effect?

The law takes effect July 1, 2022. But the abortion ban may be challenged and the case will likely land before the Florida Supreme Court.
The U.S. Supreme Court is expected to issue a ruling on Roe v. Wade in June or July, which could also affect how any state law can be challenged.

What other restrictions on abortion does Florida have?

Along with the restricted time period, abortion law in Florida currently requires the following:

• 24 hours before an abortion can occur, the physician performing it or a referring physician must, while physically in the same room, inform the patient of the physical risks of both getting an abortion and carrying the pregnancy to term and the probable gestational age of the fetus as determined by mandatory ultrasound. The patient may refuse to look at the ultrasound.
• A parent or guardian of a minor seeking an abortion must be notified and provide consent, which must be notarized. Exceptions must come from a judge.
• Health plans under the Affordable Care Act can only cover abortion in the case of threats to life, rape, or incest unless the patient has purchased an optional rider. Public funding is only available in cases of life endangerment, rape, or incest.

What does this mean for my visit?

With the new law now in place, your first visit on the day of your first appointment will be with the doctor to go over all your available options including medical abortion, surgical abortion, or continuing with your pregnancy. You will also have an ultrasound to determine the gestational age of your pregnancy and blood work by finger stick. At that first visit, you will have the opportunity to ask questions directly to the doctor. If you are planning to terminate your pregnancy, you will be given your next appointment date to come in either for a surgical procedure or to start your medical procedure but, at least 24 hours after your initial meeting with the doctor. At that visit, you will meet again with the doctor who will be able to answer any further questions.
We look forward to providing you with excellence in your medical care.