State health regulators are pushing ahead with emergency rules they contend are needed to respond to “disinformation” that has come in the wake of Florida’s new ban on abortions after six weeks.
The Agency for Health Care Administration (AHCA) released a pair of emergency rules making it clear that certain medical procedures — including the treatment of an ectopic pregnancy — are not considered abortions and do not need to be recorded as such. The rules apply to hospitals as well as abortion clinics and medical facilities.
The rules include an unusual justification for the need to enact the rules immediately, stating that “the agency finds there is an immediate danger to the health, safety, and welfare of pregnant women and babies due to a deeply dishonest scare campaign and disinformation being perpetuated by the media, the Biden Administration, and advocacy groups to misrepresent the Heartbeat Protection Act and the State’s efforts to protect life, moms, and families.”
Florida’s strict new ban on abortions after six weeks of pregnancy took effect on Wednesday — one month after the Florida Supreme Court upheld the legality of a 15-week abortion ban and overturned a 35-year-old court ruling that had been used to challenge abortion restrictions in the past.
The six-week ban has attracted tremendous attention nationally and drawn sharp criticism from Democrats. Both President Joe Biden and Vice President Kamala Harris have come to Florida in the past week to denounce the new ban.
AHCA on Wednesday put out a social media post defending the new law and pushing back against “fearmongers.” The “Myth vs Fact” post stated that women could receive care if they had a premature rupture of membranes and that Florida law allows an exception for the health of the mother.
The new rules state that “when a physician attempts to induce the live birth of an unborn baby, regardless of gestational age, to treat the premature rupture of membranes, and the unborn baby does not survive, the incident does not constitute an abortion.”
The rule also spells out that treatment for ectopic pregnancies, ruptured membranes and trophoblastic tumors — all life-threatening conditions — don’t need to be included in the mandated monthly abortion reports.
Under Florida law, emergency rules take effect immediately and can remain in place for up to 90 days. Emergency rules can be replaced by permanent ones, but that can involve a lengthy process.
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