Based on the recent decision by the U.S. Food and Drug Administration to allow retail pharmacies to dispense Mifepristone, the Agency for Health Care Administration issued this alert to remind providers that they must continue to comply with Florida laws that govern the performance of abortions.
Two statutes are relevant here. First, section 390.0111(2), Florida Statutes, provides that “[n]o termination of pregnancy shall be performed at any time except by a [licensed] physician.”
Second, section 797.03(1), Florida Statutes, states that “[i]t is unlawful for any person to perform or assist in performing an abortion on a person, except in an emergency care situation, other than in a validly licensed hospital or abortion clinic or in a physician’s office.” Willfully violating these provisions could result in criminal penalties. See 390.0111(10)(a), Florida Statutes, and 797.03(4), Florida Statutes.
The Agency will refer to local law enforcement any evidence of criminal activity that it discovers in its survey of providers.
Also in Florida, the House Health and Human Services Committee held a meeting on January 24 to discuss pharmacy benefits managers (PBMs) and the role they play in Florida’s healthcare delivery system. House Health and Human Services Committee Chair Randy Fine (R) indicated this was the first of several more meetings to come on the issue.
For more information, contact NACDS’ Leigh Knotts at 803-243-7207.