The 2023 Florida Statutes (including Special Session C)
Title XXIX
PUBLIC HEALTH
Chapter 390
TERMINATION OF PREGNANCIES
390.0111 Termination of pregnancies.—
(1) TERMINATION AFTER GESTATIONAL AGE OF 15 WEEKS; WHEN ALLOWED.—A physician may not perform a termination of pregnancy if the physician determines the gestational age of the fetus is more than 15 weeks unless one of the following conditions is met:
(a) Two physicians certify in writing that, in reasonable medical judgment, the termination of 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 pregnant woman other than a psychological condition.
(b) The physician certifies in writing that, in reasonable medical judgment, there is a medical necessity for legitimate emergency medical procedures for termination of the pregnancy to save the pregnant woman’s life or 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, and another physician is not available for consultation.
(c) The fetus has not achieved viability under s. 390.01112 and two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality
....
(1) TERMINATION AFTER GESTATIONAL AGE OF 6 WEEKS; WHEN ALLOWED.—A physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the fetus is more than 6 weeks unless one of the following conditions is met:
(a) Two physicians certify in writing that, in reasonable medical judgment, the termination of 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 pregnant woman other than a psychological condition.
(b) The physician certifies in writing that, in reasonable medical judgment, there is a medical necessity for legitimate emergency medical procedures for termination of the pregnancy to save the pregnant woman’s life or 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, and another physician is not available for consultation.
(c) The pregnancy has not progressed to the third trimester and two physicians certify in writing that, in reasonable medical judgment, the fetus has a fatal fetal abnormality.
(d) The pregnancy is the result of rape, incest, or human trafficking and the gestational age of the fetus is not more than 15 weeks as determined by the physician. At the time the woman schedules or arrives for her appointment to obtain the abortion, she must provide a copy of a restraining order, police report, medical record, or other court order or documentation providing evidence that she is obtaining the termination of pregnancy because she is a victim of rape, incest, or human trafficking. If the woman is 18 years of age or older, the physician must report any known or suspected human trafficking to a local law enforcement agency. If the woman is a minor, the physician must report the incident of rape, incest, or human trafficking to the central abuse hotline as required by s. 39.201.
(2) IN-PERSON PERFORMANCE BY PHYSICIAN REQUIRED.—Only a physician may perform or induce a termination of pregnancy. A physician may not use telehealth as defined in s. 456.47 to perform an abortion, including, but not limited to, medical abortions. Any medications intended for use in a medical abortion must be dispensed in person by a physician and may not be dispensed through the United States Postal Service or by any other courier or shipping service.
I have seen a number of stories about women who allegedly have been unable to receive care in FL or TX when they were having miscarriages or stillbirths. This law seems to make it clear that a pregnant woman with pregnancy complications absolutely does get appropriate treatment under the law. After all, if a fetus dies and the miscarriage fails to occur on its own, removal of the fetus (which is not technically abortion since it's already dead) is medically necessary for the mother's health.
I would like to see provision (c) expanded. There are abnormalities that are not immediately fatal, but result in an absolute lack of quality of life, such as severe growth restriction along with lack of any cerebral/intellectual development, etc. I'm not comfortable with telling a woman whose child has been diagnosed with such a condition that abortion is not an option (although I would want her to be completely aware of the nature of abortion so she can make an informed choice). And what about children with Tay-Sachs disease? The baby is apparently normal at birth, but intellectual development stalls and regresses after a year or so and the child dies before the age of 6 or so. No matter what the mother chooses, the decision is difficult.
And maybe the law should be expanded to include a requirement for fetal anesthesia in the cases the law does allow abortion.