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Florida

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Florida allows certain individuals or organizations to refuse to provide abortion services.

To whom does the refusal clause apply?  Hospitals, hospital staff members, persons associated with or employed by a hospital, or physician employees.

What does the refusal clause allow?  No hospital staff member, person associated with or employed by a hospital, or physician's employee, who objects on moral or religious grounds, may be required to participate in a procedure that results in an abortion.  The refusal of a person to participate may not be a basis for disciplinary or other recriminatory action.  In addition, no hospital may be required to participate in abortion services.  The refusal of a hospital or individual to participate may not be a basis for liability.

Does the law require the refusing individual or entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Fla. Stat. Ann. § 390.0111(8) (Enacted 1979, Amended 2011).

CONTRACEPTION REFUSAL CLAUSE

Florida allows certain individuals or entities to refuse to provide contraceptive procedures, supplies, or information.

To whom does the refusal clause apply?  Individuals, physicians, and managed-care plans.

What does the refusal clause allow?  A physician or other person may refuse to furnish any contraceptive or family-planning service, supplies, or information for religious reasons, and the physician or other person may not be held liable for such refusal.  Additionally, managed-care plans can refuse to provide family-planning services and supplies for moral or religious reasons.

Does the law require the refusing entity to notify the persons affected?  Not for refusing individuals or physicians.  Managed-care plans that refuse to provide services must inform the state and potential enrollees.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for contraceptive procedures, supplies, or information?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause?  No.

Fla. Stat. Ann. § 381.0051 (Enacted 1972; Last Amended 2012). Fla. Stat. Ann. § 409.973 (Enacted 2011, Amended 2012).


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