Biased Counseling

Florida has a constitutional and enforceable law that provides that a woman may not obtain an abortion until after the attending or referring physician tells her, orally and in person:  (1) the nature and risks of "undergoing or not undergoing the proposed procedure;" (2) the probable gestational age of the fetus; and (3) the medical risks to the woman and the fetus of carrying the pregnancy to term.  She also must be offered state-prepared materials that include a description of the fetus, a list of agencies that offer alternatives to abortion, and information about medical assistance benefits for prenatal care, childbirth, and neonatal care.  Fla. Stat. Ann. § 390.0111(3) (Enacted 1979; Last Amended 1998).

The Florida Supreme Court declared that the oral counseling portion of the law is constitutional.  The Court did not consider the constitutionality of the state-prepared materials.  State v. Presidential Women's Ctr., No. SC04-2186 (Fla. Apr. 6, 2006).