Florida Board of Medicine Imposes Fine and Reprimand on Doctor Who Performed Abortions Without 24-Hour Waiting Period
Background
The Florida Department of Health called for the revocation of Dr. Candace Sue Cooley’s license after she failed to comply with a law requiring 24-hour waiting periods before abortions can be performed. The law was passed in 2015 and took effect after a court ruling in April 2022.
Penalties Imposed
The Florida Board of Medicine has issued a final order imposing a $10,000 fine and reprimanding Dr. Cooley. The board agreed with the penalties recommended by Administrative Law Judge James H. Peterson III, which were less severe than what the Department of Health had requested.
The Case
The case stemmed from 193 abortions that Dr. Cooley performed at the Center for Orlando for Women clinic during a two-week period immediately after the waiting-period law took effect. The case was brought to the Division of Administrative Hearings as Dr. Cooley challenged a Department of Health complaint.
The Law
The waiting-period requirement was passed in 2015 and requires women to receive information from doctors about abortions and then wait at least 24 hours before having the procedures.
Administrative Law Judge’s Recommendation
In his recommendation, Judge Peterson wrote that the Orlando clinic repeatedly sought information from the state Agency for Health Care Administration about when the waiting-period law would take effect after a long-running lawsuit. He said the agency did not provide information, and Dr. Cooley performed the abortions between April 26, 2022, and May 7, 2022, after the law took effect on April 25, 2022.
Department of Health’s Argument
The Department of Health took exception to Judge Peterson’s recommendation, arguing that Dr. Cooley’s license should be revoked. The department claimed that the recommended penalty was "woefully inadequate to address the severity of the violation in this case and the potential for harm that it caused, or to deter respondent or other physicians from future violations."
Board’s Decision
The board rejected the Department of Health’s argument, accepting the recommended penalty of a $10,000 fine and reprimand.
Conclusion
The Florida Board of Medicine has imposed a $10,000 fine and reprimand on Dr. Candace Sue Cooley for performing 193 abortions without complying with the 24-hour waiting period law. The case highlights the importance of understanding and complying with laws and regulations in the medical field.
FAQs
- What is the 24-hour waiting period law?
The law requires women to receive information from doctors about abortions and then wait at least 24 hours before having the procedures. - When did the law take effect?
The law took effect after a court ruling in April 2022. - What were the penalties imposed on Dr. Cooley?
The Florida Board of Medicine imposed a $10,000 fine and reprimand on Dr. Cooley. - What was the Department of Health’s argument?
The Department of Health argued that Dr. Cooley’s license should be revoked and that the recommended penalty was "woefully inadequate". - What was the outcome of the case?
The board rejected the Department of Health’s argument and accepted the recommended penalty of a $10,000 fine and reprimand.
