Stricter rules for abortion clinics

Tougher standards for second-trimester abortions could force some clinics to close, opponents of the new law say.

By JONI JAMES
Published June 1, 2005

TALLAHASSEE - Surrounded by abortion opponents, Gov. Jeb Bush signed into law Tuesday legislation that will bring strict new regulations for half the state's abortion clinics.

The law, dubbed the "Women's Health and Safety Act" by the Legislature, will dramatically increase state oversight for second-trimester abortions.

The law sets standards for facilities, dictates pre-abortion procedures and mandates that clinics have a transfer agreement with a nearby hospital in the event of an emergency.

The law enjoyed broad bipartisan support.

"This is a simple bill that says women are deserving of the same quality care when they go to a doctor's office, or a hospital or, sadly, if they go to an abortion clinic," said Bush, who opposes abortion.

"You all know my views of abortion. This is not related to those views. This is related to an inequity that we are now beginning the process to right."

But abortion rights advocates say the law will force some clinics to close because they can't afford to meet the new standards.

"I don't think a lot of people realized what they were voting for," said Rep. Anne Gannon, D-Delray Beach, who voted against the bill. "They didn't understand the repercussions."

Rules to implement the law will be drafted by the Agency for Health Care Administration, so the full impact is unclear. Half the state's 65 abortion clinics perform roughly 9,000 second-trimester procedures annually; the rest perform abortions only in the first three months of pregnancy. All told, 85,000 abortions were performed in Florida last year.

"This is really a politically motivated attempt to force clinics to stop providing services," said Stephanie Grutman, executive director of Planned Parenthood of Florida.

Sen. Nan Rich, D-Weston, said Bush's motivation was clear by whom he invited to the bill signing: Florida Right to Life, the Christian Coalition of Florida, the Florida Catholic Conference and the Florida Baptist Convention.

"That should tell you right there what this is about, just by the people who were there," said Rich. "This is not about health and safety of a woman, it's about curtailing a woman's right to have an abortion."

Bush said the groups were invited because they helped pass the bill.

Last week, Bush quietly signed a law implementing a voter-approved constitutional amendment requiring a physician to notify a parent or guardian before a minor gets an abortion.

Lawmakers also funded Bush's controversial proposal to provide anti-abortion counseling to pregnant women at several nonprofit organizations statewide. The state will spend $2.5-million next year, not the $4-million Bush wanted.

State law limited the state's ability to revoke an abortion clinic license to three instances: mishandled fetal remains, lax medical reporting standards or unlicensed medical personnel.

Four months ago, the state Department of Health closed a Miramar clinic because one of its doctors had lost his license.

The state's limited oversight remains for clinics providing only abortions performed in thefirst trimester. The bill's supporters feared tougher regulations for all clinics might be unconstitutional, Bush said.

It took four years to pass the bill. This year, a woman testified that she suffered serious hemorrhaging after a second-trimester abortion but was still discharged by the clinic.

Dr. Randy Armstrong, who attended Tuesday's bill signing, said University Community Hospital in Tampa admitted 37 women in the last six months of 2004 for abortion complications. Most involved second trimester cases, said Armstrong, whose practice includes obstetrics-gynecology emergency calls at UCH.

But Grutman said only 70 complaints have been filed in the past 10 years about abortion clinics and only four were substantiated.

Information from the Associated Press was used in this report.

[Last modified June 1, 2005, 00:49:33]