Why providers say abortion ban exceptions continue to cause confusion

TALLAHASSEE, Fla. — 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’t out of the realm of possibility.

“I’ve got to be careful because I’m taking care of moms that have life-threatening conditions,” Humphrey says. “I’ve got to make sure that I do not run afoul of this law.”

As of last month, Florida bans most abortions after six weeks. That law includes an exception that allows an abortion later in a pregnancy if it’s needed to save “a major bodily function,” or the life of the pregnant person — other than for mental health reasons. And, doctors who participate in an abortion, other than what’s allowed by law, could face felony criminal charges.

Many doctors say the law isn’t clear and with such steep penalties, Humphrey says it’s creating a chilling effect.

“Which, unfortunately, means that physicians are choosing to keep themselves safe over helping moms,” Humphrey says.

Humphrey says an exemption to protect a pregnant person’s life makes sense on the surface, but that it means the state has ascribed her and her colleagues a “superhuman ability to predict outcomes that we don’t necessarily have that ability to predict.”

The Florida Agency for Health Care Administration issued a set of temporary emergency rules, in an attempt, officials say, to clear up confusion.

The rules list three conditions that could put a pregnant person’s 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