What is HB 5 and How is it Impacting Abortion Rights Nationwide?
March 16, 2022
On Mar. 3, the Florida legislature approved House Bill 5, also called the “Fetal and Infant Mortality Reduction” bill, which bans most abortions after 15 weeks. The passage of the bill may significantly alter abortion policies in the state.
Florida Governor Ron DeSantis has already signaled his support for the bill, making it likely to become a statewide law.
The “Fetal and Infant Mortality Reduction” bill imposes stricter guidelines and conditions regarding those who can receive an abortion and why they are allowed access to one. Currently, women in Florida can receive an abortion until they are 24 weeks pregnant (about six months). If HB 5 passes, this time frame will be reduced to 15 weeks, which is less than four months.
HB 5 also redefines the gestation period — the time from an egg’s fertilization to birth — to begin on the last day of a woman’s menstrual cycle. So, in accordance with the bill, a woman has 15 weeks from the end of her menstrual cycle to receive an abortion.
Though the bill would establish that most abortions after the shorter gestation time are illegal, there are three conditions that would allow a physician to legally carry out the procedure. The conditions do not include exceptions for rape, human trafficking and incest. The first condition is that two physicians must certify in writing that the abortion is necessary to ensure the life or physical well-being of the pregnant woman; psychological well-being is not protected. The second condition states that the procedure can only be conducted if two physicians certify in writing that the fetus has a fatal abnormality. The final condition is that the fetus has not achieved viability, which is determined by Florida Statute 390.01112.
According to The Washington Post, prior to this bill, Florida had some of the most lenient abortion laws in the nation; however, across states, there has been a push to restrict the procedure, with Florida following suit. For example, Florida, along with West Virginia and Arizona, modeled its legislation after Mississippi’s 15-week abortion ban, while in other states, legislatures have followed the lead of a new Texas law that bans abortions after six weeks. With the rise of abortion restrictions across the country and the Supreme Court’s conservative majority, the verdict of the 1973 landmark abortion case Roe vs. Wade is at risk of being overturned.