Florida denies license to Pensacola abortion clinic
TALLAHASSEE — The Florida Agency for Health Care Administration on Friday denied a license for a new Pensacola abortion clinic, rejecting a recommendation by an administrative law judge who said the application should be approved.
Agency Secretary Jason Weida signed a 49-page final order that cited a "pattern of deficient performance" at a now-closed Louisiana clinic with ties to the proposed Pensacola facility.
Administrative Law Judge Yolonda Green on Aug. 28 recommended that a license should be issued to July Medical Services, LLC, which applied in March 2023 to operate a clinic that would provide abortions and other services, such as ultrasounds, contraception and counseling.
July Medical Services, which does business as Hope Medical of Pensacola, sought a hearing before an administrative law judge after the Agency for Health Care Administration said last year it would deny the license. Under administrative law, Green's ruling was a recommended order that had to go back to the agency for a final decision.
Friday's final order focused, in part, on the similarly named June Medical LLC, a longtime Shreveport, La., clinic that closed in 2022. The Agency for Health Care Administration last year reached out to the Louisiana Department of Health, which provided documents about deficiencies and alleged deficiencies at the Shreveport clinic from 2004 to 2021.
In her recommended order, Green said Louisiana citations against the clinic "consisted of lack of documentation in personnel files, lack of board meeting minutes, and inadequate documentation to verify physician's orders failed to demonstrate diligence. Most of these violations were non-repeated offenses."
She also cited an incident in which the clinic did not report to authorities that a 14-year-old patient had been impregnated by a 17-year-old, a crime in Louisiana. But Green said that "incident alone is not sufficient to establish a pattern of deficient performance."
Friday's order, however, said that the violations "reflect a clinic that, over the course of many years, could not get its act together. The agency concludes that these violations constitute a demonstrated pattern of deficient performance."
The final order focused on the role of July Medical Services owner Michael Rothrock, whose late mother, Robin Rothrock, founded the Louisiana clinic about 1980 and operated it until she died in 2010, according to Green's recommended order. Ownership of the Louisiana clinic went to Robin Rothrock's estate, with her son becoming executor in 2011.
Also, the final order focused on the role of July Medical Services' administrator, Kathaleen Pittman, who served as administrator of the Louisiana clinic.
As an example, the order said the agency concluded that the Louisiana clinic's activities were "imputable" to Michael Rothrock. It said the clinic's "pattern of deficient performance constitutes an 'action' by Mr. Rothrock as a controlling interest of July Medical. June Medical's demonstrated pattern of deficient performance is therefore legally sufficient grounds to deny July Medical's license application."
But in her August recommended order, Green concluded that "AHCA failed to demonstrate that any 'pattern of deficient performance' on the part of June Medical, a separate entity, should be attributed to July Medical. Therefore, the license should be issued."
"The operation history of June Medical raises some concerns about their compliance with state regulations," Green wrote. "It also raises concern about the safety of patients. However, based on the evidence of record, there was no threat or actual harm to patients. All the deficiencies proven were corrected. Based on the foregoing, the competent substantial evidence establishes that June Medical's Louisiana deficiencies did not establish a pattern of deficient performance."
Friday's final order, which can be appealed, came amid a fierce political battle in Florida about abortion issues. Voters in November will decide whether to pass a ballot initiative, known as Amendment 4, that would enshrine abortion rights in the state Constitution.
Gov. Ron DeSantis, who last year signed a law that prevents abortions after six weeks of pregnancy, is helping lead efforts to fight the ballot initiative. Also, the Agency for Health Care Administration has been embroiled in a controversy about information it has posted about abortion on a website and in video public-service announcements.
Critics contend the information is biased and inaccurate and is part of efforts to defeat the ballot initiative. The agency has contended the information presented facts.
