Bill Text: FL S0918 | 2014 | Regular Session | Comm Sub
Bill Title: Termination of Pregnancies
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 1047 (Ch. 2014-137) [S0918 Detail]
Download: Florida-2014-S0918-Comm_Sub.html
Florida Senate - 2014 CS for SB 918 By the Committee on Health Policy; and Senator Flores 588-03595-14 2014918c1 1 A bill to be entitled 2 An act relating to the termination of pregnancies; 3 amending s. 390.011, F.S.; defining the terms 4 “reasonable medical judgment” and “standard medical 5 measure” and redefining the term “viability”; amending 6 s. 390.0111, F.S.; revising the circumstances under 7 which a pregnancy in the third trimester may be 8 terminated; providing the standard of medical care for 9 the termination of a pregnancy during the third 10 trimester; providing criminal penalties for a 11 violation of s. 390.01112, F.S.; authorizing 12 administrative discipline for a violation of s. 13 390.01112, F.S., by certain licensed professionals; 14 creating s. 390.01112, F.S.; prohibiting the 15 termination of a viable fetus; providing exceptions; 16 requiring a physician to perform certain examinations 17 to determine the viability of a fetus; providing the 18 standard of care for the termination of a viable 19 fetus; amending s. 797.03, F.S.; prohibiting an 20 abortion of a viable fetus outside of a hospital; 21 providing for severability; providing for a contingent 22 future repeal and reversion of law; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Present subsection (9) of section 390.011, 28 Florida Statutes, is redesignated as subsection (11) and new 29 subsections (9), (10) and (12) are added to that section, to 30 read: 31 390.011 Definitions.—As used in this chapter, the term: 32 (9) “Reasonable medical judgment” means a medical judgment 33 that would be made by a reasonably prudent physician, 34 knowledgeable about the case and treatment possibilities with 35 respect to the medical conditions involved. 36 (10) “Standard medical measure” means the medical care that 37 a physician would provide based on the particular facts of the 38 pregnancy, the information available to the physician, and the 39 technology reasonably available in a hospital, as defined in s. 40 395.002, with an obstetrical department, to preserve the life 41 and health of the fetus, with or without temporary artificial 42 life sustaining support, if the fetus were born at the same 43 stage of fetal development. 44 (12) “Viable” or “viability” means the stage of fetal 45 development when the life of a fetus is sustainable outside the 46 womb through standard medical measures. 47 Section 2. Subsections (1), (4), (10), and (13) of section 48 390.0111, Florida Statutes, are amended to read: 49 390.0111 Termination of pregnancies.— 50 (1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.—No 51 termination of pregnancy shall be performed on any human being 52 in the third trimester of pregnancy unless one of the following 53 conditions is met: 54 (a) Two physicians certify in writingto the factthat, in 55 reasonable medical judgmentto a reasonable degree of medical56probability, the termination of the pregnancy is necessary to 57 save the pregnant woman’s life or avert a serious risk of 58 substantial and irreversible physical impairment of a major 59 bodily function of the pregnant woman other than a psychological 60 condition.or preserve the health of the pregnant woman; or61 (b) The physician certifies in writing that, in reasonable 62 medical judgment, there is ato themedical necessity for 63 legitimate emergency medical procedures for termination of the 64 pregnancy to save the pregnant woman’s life or avert a serious 65 risk of imminent substantial and irreversible physical 66 impairment of a major bodily function of the pregnant woman 67 other than a psychological conditionin the third trimester, and 68 another physician is not available for consultation. 69 (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER 70DURING VIABILITY.—If a termination of pregnancy is performed in 71 the third trimester, the physician performingduring viability,72no person who performs or inducesthe termination of pregnancy 73 must exercise the sameshall fail to use thatdegree of 74 professional skill, care, and diligence to preserve the life and 75 health of the fetus which the physiciansuch personwould be 76 required to exercise in order to preserve the life and health of 77 aanyfetus intended to be born and not aborted. However, if 78 preserving the life and health of the fetus conflicts with 79 preserving the life and health of the pregnant woman, the 80 physician must consider preserving the woman’s life and health 81 the overriding and superior concern“Viability” means that stage82of fetal development when the life of the unborn child may with83a reasonable degree of medical probability be continued84indefinitely outside the womb.Notwithstanding the provisions of85this subsection, the woman’s life and health shall constitute an86overriding and superior consideration to the concern for the87life and health of the fetus when such concerns are in conflict.88 (10) PENALTIES FOR VIOLATION.—Except as provided in 89 subsections (3), (7), and (12): 90 (a) Any person who willfully performs, or actively 91 participates in, a termination of pregnancyprocedurein 92 violation of the requirements of this section or s. 390.01112 93 commits a felony of the third degree, punishable as provided in 94 s. 775.082, s. 775.083, or s. 775.084. 95 (b) Any person who performs, or actively participates in, a 96 termination of pregnancyprocedurein violation ofthe97provisions ofthis section or s. 390.01112 which results in the 98 death of the woman commits a felony of the second degree, 99 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 100 (13) FAILURE TO COMPLY.—Failure to comply with the 101 requirements of this section or s. 390.01112 constitutes grounds 102 for disciplinary action under each respective practice act and 103 under s. 456.072. 104 Section 3. Section 390.01112, Florida Statutes, is created 105 to read: 106 390.01112 Termination of pregnancies during viability.— 107 (1) No termination of pregnancy shall be performed on any 108 human being if the physician determines that, in reasonable 109 medical judgment, the fetus has achieved viability, unless: 110 (a) Two physicians certify in writing that, in reasonable 111 medical judgment, the termination of the pregnancy is necessary 112 to save the pregnant woman’s life or avert a serious risk of 113 substantial and irreversible physical impairment of a major 114 bodily function of the pregnant woman other than a psychological 115 condition; or 116 (b) The physician certifies in writing that, in reasonable 117 medical judgment, there is a medical necessity for legitimate 118 emergency medical procedures for termination of the pregnancy to 119 save the pregnant woman’s life or avert a serious risk of 120 imminent substantial and irreversible physical impairment of a 121 major bodily function of the pregnant woman other than a 122 psychological condition, and another physician is not available 123 for consultation. 124 (2) Before performing a termination of pregnancy, a 125 physician must determine if the fetus is viable by, at a 126 minimum, performing a medical examination of the pregnant woman 127 and, to the maximum extent possible through reasonably available 128 tests and the ultrasound required under s. 390.0111(3), an 129 examination of the fetus. The physician must document in the 130 pregnant woman’s medical file the physician’s determination and 131 the method, equipment, fetal measurements, and any other 132 information used to determine the viability of the fetus. 133 (3) If a termination of pregnancy is performed during 134 viability, the physician performing the termination of pregnancy 135 must exercise the same degree of professional skill, care, and 136 diligence to preserve the life and health of the fetus that the 137 physician would be required to exercise in order to preserve the 138 life and health of a fetus intended to be born and not aborted. 139 However, if preserving the life and health of the fetus 140 conflicts with preserving the life and health of the woman, the 141 physician must consider preserving the woman’s life and health 142 the overriding and superior concern. 143 Section 4. Subsection (3) of section 797.03, Florida 144 Statutes, is amended to read: 145 797.03 Prohibited acts; penalties.— 146 (3) It is unlawful for any person to perform or assist in 147 performing an abortion on a person during viability or in the 148 third trimester other than in a hospital. 149 Section 5. Severability and reversion.— 150 (1) If any provision of this act or its application to any 151 person or circumstance is held invalid, the invalidity does not 152 affect other provisions or applications of this act which can be 153 given effect without the invalid provision or application, and 154 to this end the provisions of this act are severable. 155 (2) Notwithstanding subsection (1), if s. 390.01112, 156 Florida Statutes, is held unconstitutional and severed by a 157 court having jurisdiction, the amendments made by this act to s. 158 390.011, Florida Statutes, and subsections (4), (10), and (13) 159 of s. 390.0111, Florida Statutes, will be repealed and will 160 revert to the law as it existed on January 1, 2014. 161 Section 6. This act shall take effect July 1, 2014.