A physician in Orlando has been fined $10,000 and reprimanded for not adhering to Florida’s 24-hour abortion waiting period law, following a decision by the Florida Board of Medicine.
The Florida Board of Medicine, after considering the recommendations by Administrative Law Judge James H. Peterson III, imposed a fine on obstetrician and gynecologist Candace Sue Cooley. The penalty followed a request from the state Department of Health to revoke her license due to non-compliance with the waiting-period requirement.
The waiting-period law was established by the Legislature in 2015, mandating that women receive information about abortions and wait 24 hours before proceeding. However, it wasn’t enforced until April 2022 after a legal judgment by Leon County Circuit Judge Angela Dempsey.
During a two-week span immediately after the law’s enforcement, Dr. Cooley performed 193 abortions at the Center of Orlando for Women, unaware of the exact effective date due to inadequate communication from the state Agency for Health Care Administration (AHCA).
Despite repeated inquiries by the clinic regarding the law’s implementation, the AHCA failed to clarify the effective date. Consequently, the violation by Dr. Cooley was deemed unintentional. AHCA’s notice on June 9, 2022, regarding the law’s April 25, 2022, effective date, came too late, as per Judge Peterson.
Judge Peterson highlighted that there was no evidence of physical harm to patients due to the lack of a waiting period. Although some patients changed their minds about the procedure before the law was in place, the waiting period’s absence did not result in harm.
Despite the Department of Health’s push for harsher penalties, including license revocation, the Board of Medicine sided with the judge’s recommendations, rejecting the call for stricter punishment. The board concluded that the penalty imposed was appropriate given the circumstances.
While the violation by Dr. Cooley was unintentional, the case underscores the importance of clear communication regarding legal requirements in medical practice. The decision reflects a balance between accountability and understanding the context of compliance challenges in healthcare.
Source: Nbcmiami
