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Abortion Clinic Seeks Hearing To Fight ACHA Allegation

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Agency For Health Care Administration

A Gainesville abortion clinic has requested a hearing before an administrative law judge in a dispute with the state Agency for Health Care Administration.

The agency contends that the clinic, Bread & Roses Well Woman Care, performed five second-trimester abortions without a proper license --- a contention the clinic rejects.

AHCA has made similar allegations against Planned Parenthood clinics in Naples, St. Petersburg and Fort Myers and against another clinic in Plantation. The agency defines the second trimester as "that portion of a pregnancy following the 12th week and extending through the 24th week of gestation."

But the clinics point to a 2006 agency rule that defines the first trimester as "extending through the completion of 14 weeks of pregnancy as measured from the first day of the woman's last menstrual period."

All five clinics were cited on the same grounds as a result of monitoring visits conducted Aug. 5. In a petition filed late Wednesday seeking an administrative hearing, Bread & Roses noted its clean record of annual inspections dating to 2008 --- with one exception, in 2011, when a patient's printed ultrasound record became detached from her file.

"AHCA's February 24, 2015, annual licensure inspection of Bread & Roses resulted in a determination that Bread & Roses was fully compliant with applicable law and deficiency-free," the filing said. "Nevertheless, AHCA conducted a non-routine, 'monitoring' licensure inspection of Bread & Roses on Aug. 5, 2015."

Bread & Roses is seeking to dismiss the administrative complaint and an accompanying fine of $2,500.