28618800, 59AER24-4 - Florida Administrative Rules, Law, Code, Register

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Notice: 28618800

Notice of Emergency Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Overview

RULE:

59AER24-4

Reports

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

On April 1, 2024, the Florida Supreme Court issued its decision in Planned Parenthood of Southwest and Central Florida, et al., v. State of Florida, et al. (Case No. SC2022-1050). Pursuant to section 9, ch. 2023-21, Laws of Florida, this decision triggered a change in the law. Effective May 1, 2024, the Heartbeat Protection Act went into effect, and a physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the unborn baby is more than 6 weeks, except under certain circumstances. Prior to this change in the law, abortions had been permitted up to a gestational age of 15 weeks. Preterm premature rupture of membranes, premature rupture of membranes, ectopic pregnancy, and molar pregnancy are medical conditions that can occur when the gestational age of an unborn child is greater than 6 weeks, and can present an immediate danger to the health, safety, and welfare of women and unborn children in hospitals and abortion clinics if immediate and proper care and treatment is not rendered. 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. The Agency is initiating rulemaking to safeguard against any immediate harm that could come to pregnant women due to disinformation. This rulemaking will ensure health care providers establish medical records procedures that will adequately protect the care and safety of both mothers and their unborn babies during medical emergencies. Hospital patients will benefit from immediate enhancements to recordkeeping as these facilities continue to administer emergency medical procedures to save the lives of pregnant women and unborn children. Therefore, emergency rulemaking is justified.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used to adopt this emergency rule is fair as a significant change in the law has occurred. Immediate guidance is necessary in order for licensed facilities to continue to administer life-saving procedures as disinformation spreads. The Heartbeat Protection Act became effective May 1.  Therefore, non-emergency rulemaking was not feasible or practicable before that date. Non-emergency rulemaking has been initiated but has not yet been completed. This emergency rule is necessary to ensure the health, safety, and welfare of pregnant women and unborn babies during medical emergencies; provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution; and takes only the action necessary to protect the public interest under the emergency procedure.

SUMMARY:

This emergency rule amends 59A-9.034, Florida Administrative Code to clarify reporting requirements regarding the treatment of premature rupture of membranes, ectopic pregnancies, and trophoblastic tumors.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kelli Fillyaw at Agency for Health Care Administration, Division of Health Care Policy and Oversight, Bureau of Health Facility Regulation, 2727 Mahan Drive, MS# 28A, Tallahassee, FL 32308, email Kelli.Fillyaw@ahca.myflorida.com or phone 850-412-4442.

PRINT PUBLISH DATE:

8/7/2024 Vol. 50/154

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=59AER24-4&PDate=8/7/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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