TALLAHASSEE, Fla. 鈥� When Dr. Rachel Humphrey went to medical school, she says she never imagined caring for her patients could land her in prison. These days, that isn鈥檛 out of the realm of possibility.
鈥淚鈥檝e got to be careful because I鈥檓 taking care of moms that have life-threatening conditions,鈥� Humphrey says. 鈥淚鈥檝e got to make sure that I do not run afoul of this law.鈥�
As of last month, Florida most abortions after six weeks. That includes an exception that allows an abortion later in a pregnancy if it鈥檚 needed to save 鈥渁 major bodily function,鈥� or the life of the pregnant person 鈥� other than for reasons. And, doctors who participate in an abortion, other than what鈥檚 allowed by law, could face felony criminal charges.
Many doctors say the law isn鈥檛 clear and with such steep penalties, Humphrey says it鈥檚 creating a chilling effect.
鈥淲hich, unfortunately, means that physicians are choosing to keep themselves safe over helping moms,鈥� Humphrey says.
Humphrey says an exemption to protect a pregnant person鈥檚 life makes sense on the surface, but that it means the state has ascribed her and her colleagues a 鈥渟uperhuman ability to predict outcomes that we don鈥檛 necessarily have that ability to predict.鈥�
The Florida Agency for Health Care Administration issued a set of , in an attempt, officials say, to clear up confusion.
The rules list three conditions that could put a pregnant person鈥檚 life at risk: premature rupture of membranes, ectopic pregnancy and molar pregnancy. The rules say termination of a pregnancy for those conditions is not considered, or reported as, an abortion. Some doctors are questioning what that means for conditions not covered by the emergency rules and what happens when the rules expire. Humphrey says it鈥檚 just made things more confusing.
鈥淗ere we are with layer upon layer of rules and layer upon layer of government intervention, which is not resulting in better clarity or better care,鈥� Humphrey says.
When do Florida鈥檚 exceptions apply?
Humphrey says a woman under her care had survived a heart attack not long before becoming pregnant and that conditions common in pregnancy, like hypertension and bleeding, could pose a threat to the patient鈥檚 life. But Humphrey says she cannot say how great that risk is, and even if she could, it's unclear what the risk threshold is for Florida鈥檚 exceptions to apply.
鈥淟et鈥檚 say that this patient who鈥檚 had heart attacks actually has children at home鈥� and has a great fear of dying because her mother died in her mid-40s, Humphrey says. 鈥淚s it right to say politicians know better in any specific circumstance and this patient has to take risks?鈥�
It鈥檚 a concern that鈥檚 risen to Democratic leaders at the highest level, like Vice President Kamala Harris. She when Florida鈥檚 at the beginning of May. Harris says the confusion doctors are facing is putting patients in danger.
鈥沦颈苍肠别 Roe was overturned, I have met women who were refused care during a miscarriage,鈥� Harris said. 鈥� I met a woman who was turned away from an emergency room and it was only when she developed sepsis that she received care.鈥�
Opponents argue concerns over confusion are a political talking point
But some abortion opponents say confusion about the life of the mother exception is caused by statements like Harris鈥�. Kelsey Pritchard, with the group Susan B. Anthony Pro-Life America, says that's the reason doctors and patients are afraid. 鈥淚 wish we could all just come to the agreement that it is not okay to put women鈥檚 lives in danger for political reasons,鈥� she says.
The Florida Agency for Health Care Administration declined a request for an interview, but in a post on social media, Secretary Jason Weida wrote that clarification through the emergency rules was needed because abortion access advocates are 鈥渓ying for political gain.鈥�
Pritchard agrees.
鈥淚t鈥檚 pretty clear when you listen to any Democrat talk about the issue of abortion why it鈥檚 needed,鈥� Pritchard says. 鈥淯nfortunately it鈥檚 because they鈥檝e been relying on this false talking point that women will die if you don鈥檛 vote the way they want you to vote 鈥� or if you put in place a heartbeat law.鈥�
The question of how laws protect the lives and health of pregnant people is also in front of the President Biden鈥檚 administration says a federal law that requires doctors to stabilize patients applies to abortion, even if the procedure is barred by state law. Many Republican-led states, starting with Idaho, have pushed back.
Potentially millions of on abortion access in November, where a proposed state constitutional amendment could codify the right to abortion access up to viability. It鈥檚 something Humphrey hopes will resonate with voters across the state.
鈥淚f there鈥檚 one thing Floridians agree on, it is keeping the government off of our bodies,鈥� Humphrey says.
The proposed amendment would need approval from 60% of voters to pass.
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