Bill Text: FL S1748 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Abortions

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1748 Detail]

Download: Florida-2011-S1748-Introduced.html

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       Florida Senate - 2011                (Corrected Copy)    SB 1748
       
       
       
       By Senator Flores
       
       
       
       
       38-01641C-11                                          20111748__
    1                        A bill to be entitled                      
    2         An act relating to abortions; amending s. 390.0111,
    3         F.S.; restricting the circumstances in which an
    4         abortion may be performed in the third trimester or
    5         after viability; requiring an abortion clinic to
    6         provide conspicuous notice on any form or medium of
    7         advertisement that the abortion clinic is prohibited
    8         from performing abortions in the third trimester or
    9         after viability; providing certain physician,
   10         location, and clinic licensure and ownership
   11         requirements; requiring a physician who offers to
   12         perform or performs terminations of pregnancy to
   13         complete continuing education related to ethics;
   14         prohibiting a termination of pregnancy from being
   15         performed in a location other than a validly licensed
   16         hospital, abortion clinic, or physician’s office;
   17         prohibiting a person from establishing, conducting,
   18         managing, or operating an abortion clinic without a
   19         valid, current license; prohibiting a person from
   20         performing or assisting in performing an abortion on a
   21         person in the third trimester or after viability,
   22         other than in a hospital; requiring an abortion clinic
   23         to be owned and operated by a physician who has
   24         received training during residency in performing a
   25         dilation-and-curettage procedure or a dilation-and
   26         evacuation procedure; providing a penalty; providing
   27         that failure to dispose of fetal remains in accordance
   28         with rules of the Department of Health is a
   29         misdemeanor of the first degree rather than a
   30         misdemeanor of the second degree; clarifying
   31         provisions providing that it is a first-degree
   32         misdemeanor to unlawfully advertise how to obtain a
   33         miscarriage of a woman pregnant with a child;
   34         requiring the Department of Health to permanently
   35         revoke the license of any health care practitioner who
   36         is convicted or found guilty of, or enters a plea of
   37         guilty or nolo contendere to, regardless of
   38         adjudication, certain felony criminal acts; requiring
   39         the Agency for Health Care Administration to submit to
   40         the Governor and Legislature an annual report of
   41         aggregate statistical data relating to abortions and
   42         provide such data on its website; amending s.
   43         390.0112, F.S.; requiring the director of a medical
   44         facility or physician’s office to submit a report to
   45         the agency following each termination of pregnancy on
   46         a form developed by the agency which is consistent
   47         with the U.S. Standard Report of Induced Termination
   48         of Pregnancy from the Centers for Disease Control and
   49         Prevention; requiring the agency to submit reported
   50         data to the Division of Reproductive Health within the
   51         Centers for Disease Control and Prevention; amending
   52         s. 390.012, F.S.; requiring the agency to adopt rules
   53         that prescribe standards for placing conspicuous
   54         notice on any form or medium of advertisement of an
   55         abortion clinic which states that the abortion clinic
   56         is prohibited from performing abortions in the third
   57         trimester or after viability; amending s. 456.013,
   58         F.S.; requiring that each applicable board require a
   59         physician who offers to perform or performs
   60         terminations of pregnancy to annually complete a
   61         course relating to ethics as part of the licensure and
   62         renewal process; providing that the course counts
   63         toward the total number of continuing education hours
   64         required for the profession; requiring the applicable
   65         board to approve the course; repealing s. 797.02,
   66         F.S., relating to the advertising of drugs for
   67         abortions; repealing s. 797.03, F.S., relating to
   68         prohibited acts related to abortions and their
   69         penalties; providing for severability; providing an
   70         effective date.
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Subsections (1), (2), (7), and (10) of section
   75  390.0111, Florida Statutes, are amended, and subsection (12) is
   76  added to that section, to read:
   77         390.0111 Termination of pregnancies.—
   78         (1) TERMINATION IN THIRD TRIMESTER OR AFTER VIABILITY; WHEN
   79  ALLOWED.—
   80         (a) A No termination of pregnancy may not shall be
   81  performed after the period at which, in the best medical
   82  judgment of the physician, the fetus has attained viability, as
   83  defined in subsection (4), or on any person human being in the
   84  third trimester of pregnancy unless:
   85         1.(a) Two physicians certify in writing to the existence of
   86  a medical emergency, as defined in s. 390.01114(2)(d) fact that,
   87  to a reasonable degree of medical probability, the termination
   88  of pregnancy is necessary to save the life or preserve the
   89  health of the pregnant woman; or
   90         2.(b) The physician certifies in writing to the existence
   91  of a medical emergency, as defined in s. 390.01114(2)(d) medical
   92  necessity for legitimate emergency medical procedures for
   93  termination of pregnancy in the third trimester, and another
   94  physician is not available for consultation.
   95         (b) An abortion clinic must provide conspicuous notice on
   96  any form or medium of advertisement that the abortion clinic is
   97  prohibited from performing abortions in the third trimester or
   98  after viability.
   99         (2) PHYSICIAN, LOCATION, AND CLINIC LICENSURE AND OWNERSHIP
  100  REQUIREMENTS PERFORMANCE BY PHYSICIAN REQUIRED.—
  101         (a) No termination of pregnancy shall be performed at any
  102  time except by a physician as defined in s. 390.011. A physician
  103  who offers to perform or performs terminations of pregnancy in
  104  an abortion clinic must annually complete a minimum of 3 hours
  105  of continuing education that must relate to ethics.
  106         (b) Except for procedures that must be conducted in a
  107  hospital or in emergency-care situations, a termination of
  108  pregnancy may not be performed in a location other than in a
  109  validly licensed hospital, abortion clinic, or physician’s
  110  office.
  111         (c) A person may not establish, conduct, manage, or operate
  112  an abortion clinic without a valid current license.
  113         (d) A person may not perform or assist in performing an
  114  abortion on a person in the third trimester or after viability,
  115  other than in a hospital.
  116         (e) After October 1, 2011, an abortion clinic must be
  117  wholly owned and operated by a physician who has received
  118  training during residency in performing a dilation-and-curettage
  119  procedure or a dilation-and-evacuation procedure.
  120         (f) A person who willfully violates paragraph (c),
  121  paragraph (d), or paragraph (e) commits a misdemeanor of the
  122  second degree, punishable as provided in s. 775.082 or s.
  123  775.083.
  124         (7) FETAL REMAINS.—Fetal remains shall be disposed of in a
  125  sanitary and appropriate manner and in accordance with standard
  126  health practices, as provided by rule of the Department of
  127  Health. Failure to dispose of fetal remains in accordance with
  128  department rules is a misdemeanor of the first second degree,
  129  punishable as provided in s. 775.082 or s. 775.083.
  130         (10) PENALTIES FOR VIOLATION.—
  131         (a) Except as provided in subsections (3) and (7):
  132         1.(a) Any person who willfully performs, or actively
  133  participates in, a termination of pregnancy procedure in
  134  violation of the requirements of this section commits a felony
  135  of the third degree, punishable as provided in s. 775.082, s.
  136  775.083, or s. 775.084.
  137         2.(b) Any person who performs, or actively participates in,
  138  a termination of pregnancy procedure in violation of the
  139  provisions of this section which results in the death of the
  140  woman commits a felony of the second degree, punishable as
  141  provided in s. 775.082, s. 775.083, or s. 775.084.
  142         3. Any person who knowingly advertises, prints, publishes,
  143  distributes, or circulates, or who knowingly causes to be
  144  advertised, printed, published, distributed, or circulated, any
  145  pamphlet, printed paper, book, newspaper notice, advertisement,
  146  or reference containing words or language giving or conveying
  147  any notice, hint, or reference to any person, or the name of any
  148  person, real or fictitious, from whom, or to any place, house,
  149  shop, or office where any poison, drug, mixture, preparation,
  150  medicine, or noxious thing, or any instrument or means whatever,
  151  or any advice, direction, information, or knowledge that may be
  152  obtained for the purpose of performing an abortion in violation
  153  of this chapter, commits a misdemeanor of the first degree,
  154  punishable as provided in s. 775.082 or s. 775.083.
  155         (b) The department shall permanently revoke the license of
  156  any licensed health care practitioner who has been convicted or
  157  found guilty of, or entered a plea of guilty or nolo contendere
  158  to, regardless of adjudication, a felony criminal act provided
  159  in paragraph (a).
  160         (12) RESPONSIBILITIES OF THE AGENCY.—Before each general
  161  legislative session, the agency shall report aggregate
  162  statistical data relating to abortions, which has been reported
  163  to the Division of Reproductive Health within the Centers for
  164  Disease Control and Prevention, on its website and provide an
  165  annual report to the Governor, the President of the Senate, and
  166  the Speaker of the House of Representatives regarding such data.
  167  Any information required to be reported under this paragraph
  168  must not include any personal identifying information.
  169         Section 2. Subsection (1) of section 390.0112, Florida
  170  Statutes, is amended to read:
  171         390.0112 Termination of pregnancies; reporting.—
  172         (1) The director of any medical facility or physician’s
  173  office in which any pregnancy is terminated shall submit a
  174  monthly report to the agency following each termination, on a
  175  form developed by the agency which is consistent with the U.S.
  176  Standard Report of Induced Termination of Pregnancy from the
  177  Centers for Disease Control and Prevention which contains the
  178  number of procedures performed, the reason for same, and the
  179  period of gestation at the time such procedures were performed
  180  to the agency. The agency shall be responsible for keeping such
  181  reports in a central place from which statistical data and
  182  analysis can be made. The agency shall submit reported data to
  183  the Division of Reproductive Health within the Centers for
  184  Disease Control and Prevention.
  185         Section 3. Paragraph (a) of subsection (3) of section
  186  390.012, Florida Statutes, is amended to read:
  187         390.012 Powers of agency; rules; disposal of fetal
  188  remains.—
  189         (3) For clinics that perform or claim to perform abortions
  190  after the first trimester of pregnancy, the agency shall adopt
  191  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  192  provisions of this chapter, including the following:
  193         (a) Rules for an abortion clinic’s physical facilities. At
  194  a minimum, these rules shall prescribe standards for:
  195         1. Adequate private space that is specifically designated
  196  for interviewing, counseling, and medical evaluations.
  197         2. Dressing rooms for staff and patients.
  198         3. Appropriate lavatory areas.
  199         4. Areas for preprocedure hand washing.
  200         5. Private procedure rooms.
  201         6. Adequate lighting and ventilation for abortion
  202  procedures.
  203         7. Surgical or gynecological examination tables and other
  204  fixed equipment.
  205         8. Postprocedure recovery rooms that are equipped to meet
  206  the patients’ needs.
  207         9. Emergency exits to accommodate a stretcher or gurney.
  208         10. Areas for cleaning and sterilizing instruments.
  209         11. Adequate areas for the secure storage of medical
  210  records and necessary equipment and supplies.
  211         12. The display in the abortion clinic, in a place that is
  212  conspicuous to all patients, of the clinic’s current license
  213  issued by the agency.
  214         13. Conspicuous notice to be provided on any form or medium
  215  of advertisement of the abortion clinic, which must state that
  216  the abortion clinic is prohibited from performing abortions in
  217  the third trimester or after viability.
  218         Section 4. Subsection (7) of section 456.013, Florida
  219  Statutes, is amended to read:
  220         456.013 Department; general licensing provisions.—
  221         (7)(a) The boards, or the department when there is no
  222  board, shall require the completion of a 2-hour course relating
  223  to prevention of medical errors as part of the licensure and
  224  renewal process. The 2-hour course shall count towards the total
  225  number of continuing education hours required for the
  226  profession. The course shall be approved by the board or
  227  department, as appropriate, and shall include a study of root
  228  cause analysis, error reduction and prevention, and patient
  229  safety. In addition, the course approved by the Board of
  230  Medicine and the Board of Osteopathic Medicine shall include
  231  information relating to the five most misdiagnosed conditions
  232  during the previous biennium, as determined by the board. If the
  233  course is being offered by a facility licensed pursuant to
  234  chapter 395 for its employees, the board may approve up to 1
  235  hour of the 2-hour course to be specifically related to error
  236  reduction and prevention methods used in that facility.
  237         (b) In accordance with the requirement under s. 390.0111,
  238  the boards, or the department if there is no board, shall
  239  require a physician who offers to perform or performs
  240  terminations of pregnancy in an abortion clinic to annually
  241  complete a 3-hour course related to ethics as part of the
  242  licensure and renewal process. The 3-hour course shall count
  243  toward the total number of continuing education hours required
  244  for the profession. The applicable board, or the department if
  245  there is no board, shall approve the course, as appropriate.
  246         Section 5. Section 797.02, Florida Statutes, is repealed.
  247         Section 6. Section 797.03, Florida Statutes, is repealed.
  248         Section 7. If any provision of this act is held invalid
  249  with respect to any person or circumstance, the invalidity does
  250  not affect other provisions or applications of the act which can
  251  be given effect without the invalid provision or application,
  252  and to this end the provisions of this act are declared
  253  severable.
  254         Section 8. This act shall take effect October 1, 2011.