Bill Text: FL S0652 | 2010 | Regular Session | Introduced
Bill Title: Reproductive Health Services/Rape Survivors [SPSC]
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S0652 Detail]
Download: Florida-2010-S0652-Introduced.html
Florida Senate - 2010 SB 652 By Senator Rich 34-00522-10 2010652__ 1 A bill to be entitled 2 An act relating to reproductive health services and 3 family planning; creating the “Prevention First Act”; 4 providing definitions; providing duties of licensed 5 health care practitioners and facilities relating to 6 the treatment of rape survivors; requiring the 7 Department of Health to provide certain information; 8 requiring the Agency for Health Care Administration to 9 provide for enforcement and impose penalties; 10 requiring the agency to adopt rules; amending s. 11 390.011, F.S.; defining the term “contraception”; 12 creating s. 390.027, F.S.; specifying that the 13 provision of contraception is not subject to ch. 390, 14 F.S., relating to the termination of pregnancies; 15 creating s. 465.191, F.S.; providing definitions; 16 requiring licensed pharmacies to dispense certain 17 forms of contraception without delay; specifying 18 conditions under which a pharmacy may refuse to 19 provide a contraceptive; providing for a person to 20 file a complaint with the Department of Health if he 21 or she believes that a violation of such provisions 22 has occurred; providing for the Attorney General to 23 bring a civil action; amending ss. 465.016 and 24 465.023, F.S.; providing that a violation of 25 requirements for dispensing contraception constitutes 26 grounds for the Department of Health or the Board of 27 Pharmacy to impose disciplinary action or suspend or 28 revoke a pharmacist’s license or permit; providing for 29 severability; providing an effective date. 30 31 WHEREAS, although the Centers for Disease Control and 32 Prevention included family planning in its published list of Ten 33 Great Public Health Achievements in the 20th Century, the United 34 States still has one of the highest rates of unintended 35 pregnancies among industrialized nations, and 36 WHEREAS, the Legislature finds that family planning is 37 basic health care for women and that access to contraception 38 helps women prevent unintended pregnancy and control the timing 39 and spacing of planned births, and 40 WHEREAS, 46.3 percent of pregnancies among women in this 41 state are unintended according to the Florida Pregnancy Risk 42 Assessment Monitoring System initiated by the United States 43 Centers for Disease Control and Prevention and the Florida 44 Department of Health, and 45 WHEREAS, 98 percent of all women will use contraception at 46 some point in their lifetime according to the Guttmacher 47 Institute, and 48 WHEREAS, currently more than 1.9 million women in Florida 49 are in need of contraceptive services and supplies, and 50 WHEREAS, the Legislature finds that the victimization of 51 women through rape is compounded by the possibility that the 52 rape survivors may suffer unintended pregnancies, and half of 53 such pregnancies end in abortion, and 54 WHEREAS, women rely on prescription contraceptives for a 55 range of medical purposes in addition to birth control, such as 56 regulation of menstrual cycles and the treatment of 57 endometriosis, and 58 WHEREAS, the Legislature further finds that providing 59 access to family planning information, family planning services, 60 and birth control will prevent abortions and unintended 61 pregnancies, thereby significantly reducing the number of women 62 and teens who need medical assistance, Medicaid, Kidcare, and 63 other social services, and 64 WHEREAS, the Legislature recognizes that the most recent 65 study of women in need of family planning services by the 66 Florida State University Center for Prevention and Early 67 Intervention Policy found that only 26 percent of women in this 68 state who are in need of such services are currently receiving 69 them, and 70 WHEREAS, according to the Department of Health’s Family 71 Planning Program, for every dollar spent on family planning 72 services, up to $24 is saved as a result of averting 73 expenditures for public programs that support women who have 74 unintended pregnancies and their infants, NOW, THEREFORE, 75 76 Be It Enacted by the Legislature of the State of Florida: 77 78 Section 1. This act may be cited as the “Prevention First 79 Act.” 80 Section 2. Treatment for survivors of rape.— 81 (1) DEFINITIONS.—As used in this section, the term: 82 (a) “Agency” means the Agency for Health Care 83 Administration. 84 (b) “Care to a rape survivor” means medical examinations, 85 procedures, and services provided to a rape survivor. 86 (c) “Department” means the Department of Health. 87 (d) “Emergency contraception” means one or more 88 prescription or over-the-counter drugs used separately or in 89 combination to be administered to or self-administered by a 90 patient to prevent pregnancy within a medically recommended 91 amount of time after sexual intercourse and dispensed for that 92 purpose, in accordance with professional standards of practice, 93 and determined to be safe by the United States Food and Drug 94 Administration. 95 (e) “Health care facility” means a facility licensed under 96 chapter 395, Florida Statutes. 97 (f) “Incest” means a sexual offense described in s. 826.04, 98 Florida Statutes. 99 (g) “Medically and factually accurate” means information 100 that is supported by the weight of research conducted in 101 compliance with accepted scientific methods and that is 102 recognized as accurate and objective by leading professional 103 organizations and agencies having relevant expertise in the 104 field. 105 (h) “Rape” means sexual battery as described in ss. 794.011 106 and 827.071, Florida Statutes. 107 (i) “Rape survivor” means a person who alleges or is 108 alleged to have been raped or who is the victim of alleged 109 incest and because of the alleged offense seeks treatment as a 110 patient. 111 (2) DUTIES OF LICENSED PRACTITIONERS AND FACILITIES.— 112 (a) A health care practitioner licensed under chapter 458, 113 chapter 459, or chapter 464, Florida Statutes, or a health care 114 facility licensed under chapter 395, Florida Statutes, providing 115 care to a rape survivor shall: 116 1. Provide each female rape survivor with medically and 117 factually accurate, clear, and concise information concerning 118 emergency contraception, including its indications and 119 contraindications and the risks associated with its use. 120 2. Inform each female rape survivor of her medical option 121 to receive emergency contraception. 122 (b) If emergency contraception is requested, the health 123 care practitioner or health care facility shall immediately 124 provide the female rape survivor with the complete regimen of 125 emergency contraception, unless contraindicated as determined by 126 a pregnancy test approved by the United States Food and Drug 127 Administration. 128 (c) The Agency for Health Care Administration, with input 129 from the Florida Hospital Association and the Florida Council 130 Against Sexual Violence, shall adopt a protocol to implement the 131 requirements of this subsection. 132 (3) PATIENT INFORMATION.— 133 (a) The department shall: 134 1. Develop, prepare, and produce informational materials 135 relating to emergency contraception for the prevention of 136 pregnancy for distribution to and use in all health care 137 facilities in the state which provide care to rape survivors, in 138 quantities sufficient to comply with the requirements of this 139 section, to the extent that funds are available. 140 2. Develop, prepare, and post information on the 141 department’s Internet website relating to the duty of licensed 142 health care practitioners and health care facilities to provide 143 emergency contraception to female rape survivors. 144 (b) Information provided to female rape survivors or female 145 victims of sexual assault must: 146 1. Be medically and factually accurate; 147 2. Be clearly written, readily comprehensible, and 148 culturally appropriate as determined by the department, in 149 collaboration with community sexual assault programs and other 150 relevant stakeholders; and 151 3. Explain the nature of emergency contraception, including 152 its use, safety, efficacy, and availability. 153 (4) ENFORCEMENT AND PENALTIES.— 154 (a) In addition to any other remedies provided by law, the 155 agency shall respond to complaints, using all available 156 investigative tools, and shall periodically review whether a 157 health care facility is in compliance with this section. If the 158 agency finds that a health care facility is not in compliance 159 with this section, the agency shall: 160 1. Impose a fine of $5,000 per woman who is: 161 a. Denied medically and factually accurate and objective 162 information about emergency contraception; 163 b. Not informed of her medical option to receive emergency 164 contraception; or 165 c. Not provided the complete regimen of emergency 166 contraception, if emergency contraception is requested. 167 2. Impose a fine of $5,000 for failure to comply with this 168 section. For every 30 days that a health care facility is not in 169 compliance with this section, an additional fine of $5,000 shall 170 be imposed. 171 (b) The agency shall adopt rules as necessary to administer 172 the provisions of this section. 173 Section 3. Present subsections (4) through (8) of section 174 390.011, Florida Statutes, are redesignated as subsections (5) 175 through (9), respectively, and a new subsection (4) is added to 176 that section, to read: 177 390.011 Definitions.—As used in this chapter, the term: 178 (4) “Contraception” means any drug or device approved by 179 the United States Food and Drug Administration to prevent 180 pregnancy. 181 Section 4. Section 390.027, Florida Statutes, is created to 182 read: 183 390.027 Access to contraception.—The provision of 184 contraception is not subject to or governed by this chapter. 185 Section 5. Section 465.191, Florida Statutes, is created to 186 read: 187 465.191 Patient contraceptive protection.— 188 (1) DEFINITIONS.—As used in this section, the term: 189 (a) “Contraception” or “contraceptive” means any 190 prescription drug or over-the-counter oral contraceptive 191 approved by the United States Food and Drug Administration to 192 prevent pregnancy. 193 (b) “Employee” means a person hired, by contract or any 194 other form of agreement, by a pharmacy. 195 (c) “Product” means a drug or device approved by the United 196 States Food and Drug Administration. 197 (d) “Professional clinical judgment” means the use of 198 professional knowledge and skills to form a clinical judgment in 199 accordance with prevailing medical standards. 200 (e) “Without delay,” with respect to a pharmacy dispensing 201 a prescription for contraception, means within the pharmacy’s 202 customary timeframe for dispensing the prescription for other 203 products. 204 (2) DUTIES OF LICENSED PHARMACIES.— 205 (a) If a patient requests a contraceptive that is in stock, 206 the pharmacy shall ensure that the contraceptive is provided to 207 the patient or patient representative without delay. 208 (b) A pharmacy shall ensure that its employees do not: 209 1. Intimidate, threaten, or harass a patient in the 210 delivery of services relating to a request for contraception; 211 2. Interfere with or obstruct the delivery of services 212 relating to a request for contraception; 213 3. Intentionally misrepresent or deceive a patient about 214 the availability of contraception or its mechanism of action; 215 4. Breach medical confidentiality with respect to a request 216 for contraception or threaten to breach such confidentiality; or 217 5. Refuse to return a valid, lawful prescription for 218 contraception upon a patient’s or patient representative’s 219 request. 220 (c) This section does not prohibit a pharmacy from refusing 221 to provide a contraceptive to a patient if: 222 1. It is unlawful to dispense the contraceptive to the 223 patient without a valid, lawful prescription and such 224 prescription is not presented; 225 2. The patient or patient representative is unable to pay 226 for the contraceptive; or 227 3. The employee of the pharmacy refuses to provide the 228 contraceptive on the basis of a professional clinical judgment. 229 (d) This section does not prevent a pharmacist or other 230 person from refusing to furnish any in-stock contraceptive for 231 religious reasons so long as the pharmacy reasonably 232 accommodates the patient or patient representative without delay 233 and in compliance with this section. 234 (e) This section does not alter any standard established 235 under the Florida Civil Rights Act of 1992. 236 (f) Any person who believes that a violation of this 237 section has occurred may file a complaint with the Department of 238 Health. 239 (g) If the Attorney General has reasonable cause to believe 240 that any person or group of persons is being, has been, or may 241 be injured by conduct constituting a violation of this section, 242 the Attorney General may bring a civil action in the name of the 243 state, as parens patriae on behalf of natural persons residing 244 in the state. 245 Section 6. Paragraph (t) is added to subsection (1) of 246 section 465.016, Florida Statutes, to read: 247 465.016 Disciplinary actions.— 248 (1) The following acts constitute grounds for denial of a 249 license or disciplinary action, as specified in s. 456.072(2): 250 (t) Violating the provisions of s. 465.191. 251 Section 7. Subsection (1) of section 465.023, Florida 252 Statutes, is amended to read: 253 465.023 Pharmacy permittee; disciplinary action.— 254 (1) The department or the board may revoke or suspend the 255 permit of any pharmacy permittee, and may fine, place on 256 probation, or otherwise discipline any pharmacy permittee if the 257 permittee, or any affiliated person, partner, officer, director, 258 or agent of the permittee, including a person fingerprinted 259 under s. 465.022(3), has: 260 (a) Obtained a permit by misrepresentation or fraud or 261 through an error of the department or the board; 262 (b) Attempted to procure, or has procured, a permit for any 263 other person by making, or causing to be made, any false 264 representation; 265 (c) Violated any of the requirements of this chapter or any 266 of the rules of the Board of Pharmacy; of chapter 499, known as 267 the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392, 268 known as the “Federal Food, Drug, and Cosmetic Act”; of 21 269 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse 270 Prevention and Control Act; or of chapter 893; 271 (d) Been convicted or found guilty, regardless of 272 adjudication, of a felony or any other crime involving moral 273 turpitude in any of the courts of this state, of any other 274 state, or of the United States; 275 (e) Been convicted or disciplined by a regulatory agency of 276 the Federal Government or a regulatory agency of another state 277 for any offense that would constitute a violation of this 278 chapter; 279 (f) Been convicted of, or entered a plea of guilty or nolo 280 contendere to, regardless of adjudication, a crime in any 281 jurisdiction which relates to the practice of, or the ability to 282 practice, the profession of pharmacy; 283 (g) Been convicted of, or entered a plea of guilty or nolo 284 contendere to, regardless of adjudication, a crime in any 285 jurisdiction which relates to health care fraud;or286 (h) Dispensed any medicinal drug based upon a communication 287 that purports to be a prescription as defined by s. 465.003(14) 288 or s. 893.02 when the pharmacist knows or has reason to believe 289 that the purported prescription is not based upon a valid 290 practitioner-patient relationship that includes a documented 291 patient evaluation, including history and a physical examination 292 adequate to establish the diagnosis for which any drug is 293 prescribed and any other requirement established by board rule 294 under chapter 458, chapter 459, chapter 461, chapter 463, 295 chapter 464, or chapter 466; or.296 (i) Violated the provisions of s. 465.191. 297 Section 8. If any provision of this act or the application 298 thereof to any person or circumstance is held invalid, the 299 invalidity does not affect other provisions or applications of 300 the act which can be given effect without the invalid provision 301 or application, and to this end the provisions of this act are 302 severable. 303 Section 9. This act shall take effect July 1, 2010.
