In a recent development from Florida's contentious abortion law landscape, a judge has recommended that Orlando obstetrician and gynecologist Candace Sue Cooley be hit with a $10,000 fine and a formal reprimand. This comes after an administrative law judge determined that Cooley did not follow the state law mandating a 24-hour waiting period before performing abortions in 2022. The case pertains to 193 abortions Cooley conducted at the Center of Orlando for Women clinic within the immediate two-week period after the waiting period law was enforced, as reported by OrlandoWeekly.
As reported by WFTV, the Florida Department of Health had filed a document at the state Division of Administrative Hearings calling for the revocation of Cooley’s medical license. However, Administrative Law Judge James H. Peterson III felt the fine and reprimand were more appropriate penalties, suggesting that the clinic had sought, but not received, adequate guidance from the state on when the law would come into effect after Leon County Circuit Judge Angela Dempsey upheld it in April 2022. Cooley's infractions occurred after the law took effect on April 25, 2022, but before the clinic was notified of the effective date on May 11, 2022, during an inspection.
The judgment was influenced by the clinic's several attempts to determine the precise start date of a waiting period that was not clearly communicated by state agencies. "The violation was unintentional and occurred despite reasonable efforts by the clinic and respondent (Cooley) to determine the effective date of the waiting period," Judge Peterson wrote, as cited by Orlando Weekly. It was also noted that there were no cases of physical harm to patients due to the absence of the mandated delay.
Yet, the Department of Health stands firm on its position that as a licensed physician, Cooley was responsible for ensuring her practice was in line with Florida law. In a document they filed, they charged that Cooley "effectively passed this responsibility on to others," rather than making diligent efforts to learn about significant legal changes affecting her medical practice. Despite these charges, the evidence, as mentioned in Peterson's report, demonstrates no harm came to patients as a direct result of the failure to abide by the 24-hour waiting period. The case now awaits final action from the Department of Health and the state Board of Medicine, as detailed by Orlando Weekly.
