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Biased Counseling

Florida Biased Counseling Statute

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, verified by an ultrasound; 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 at various stages of development, a list of organizations 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 2011).

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).

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