Florida abortion provider Pendergraft appeals license suspension

Aug 24 2006

Florida abortion provider James Pendergraft, whose license was suspended by the Florida Department of Health earlier this month, on Tuesday appealed the suspension to the 1st District Court in Tallahassee, the Orlando Sentinel reports (Shelton, Orlando Sentinel, 8/23).

Pendergraft's license was suspended earlier this month because he allegedly showed a "flagrant disregard for the laws of the state of Florida and a willingness to endanger the lives and health of pregnant patients."

Third-trimester abortions are illegal in Florida except to "save the life or preserve the health of the pregnant woman," in which case, the law requires that the procedure be certified by two physicians and that it be performed in a hospital.

According to the state, Pendergraft in 2004 and 2005 "endangered two female patients by performing third-trimester abortions outside a hospital setting and without concurring certification from a second physician."

Pendergraft's attorney Robert Buonauro said Pendergraft "operated within the (medical) guidelines and protocol" of the state and "had the appropriate certification" for the abortion he performed in July 2005.

Buonauro added that the woman involved in the 2004 abortion was in her second trimester (Kaiser Daily Women's Health Policy Report, 8/21).

However, state documents say that Pendergraft did not correctly identify the fetus' gestational age.

Pendergraft said the woman was at 22 or 23 weeks' gestation, but the state documents say the woman actually was at 25 to 27 weeks' gestation (Orlando Sentinel, 8/23).

The suspension means that Pendergraft cannot practice medicine until the state Board of Medicine reviews his case (Kaiser Daily Women's Health Policy Report, 8/21).

Appeal Details

The appeal asked the court to review the health department's claims and to reinstate Pendergraft's medical license, the Sentinel reports (Orlando Sentinel, 8/23).

Pendergraft in the appeal said that he had the authority required to perform the procedures and that he had stopped providing third-trimester abortions after learning of the rule's requirements that they be performed in a hospital (AP/Washington Post, 8/23).

Pendergraft's spokesperson Marti Mackenzie said that neither abortion involved a woman in her third trimester, adding, "[C]lose scrutiny" of the records of the woman involved in the July 2005 procedure "reveals the procedure was performed at 24 weeks and six days -- a second-trimester abortion."

The appeal also says the state filed the suspension with the intention of causing him "professional embarrassment and negative publicity," as well as "maximum disruption of services to patients" (Orlando Sentinel, 8/23).

Health department spokesperson Thometta Cozart said the agency had not yet reviewed Pendergraft's appeal and as a result could not comment (AP/Washington Post, 8/23).

The state Agency for Health Care Administration last week also indefinitely restricted two clinics that Pendergraft partially owns from performing abortions and temporarily has restricted three others that Pendergraft partially owns, according to agency documents (Kaiser Daily Women's Health Policy Report, 8/21). Mackenzie said the lawyers are preparing separate appeals for each of the clinics (Orlando Sentinel, 8/23).