Bill Amendment: FL S0918 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Termination of Pregnancies
Status: 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 1047 (Ch. 2014-137) [S0918 Detail]
Download: Florida-2014-S0918-Senate_Committee_Amendment_791524.html
Bill Title: Termination of Pregnancies
Status: 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 1047 (Ch. 2014-137) [S0918 Detail]
Download: Florida-2014-S0918-Senate_Committee_Amendment_791524.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 918 Ì791524'Î791524 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsection (9) of section 390.011, 6 Florida Statutes, is redesignated as subsection (11), and new 7 subsections (9), (10) and (12) are added to that section, to 8 read: 9 390.011 Definitions.—As used in this chapter, the term: 10 (9) “Reasonable medical judgment” means a medical judgment 11 that would be made by a reasonably prudent physician, 12 knowledgeable about the case and treatment possibilities with 13 respect to the medical conditions involved. 14 (10) “Standard medical measure” means the medical care that 15 a physician would provide based on the particular facts of the 16 pregnancy, the information available to the physician, and the 17 technology reasonably available in a hospital, as defined in s. 18 395.002, with an obstetrical department, to preserve the life 19 and health of the fetus, with or without temporary artificial 20 life sustaining support, if the fetus were born at the same 21 stage of fetal development. 22 (12) “Viable” or “viability” means the stage of fetal 23 development when the life of a fetus is sustainable outside the 24 womb through standard medical measures. 25 Section 2. Subsections (1), (4), (10), and (13) of section 26 390.0111, Florida Statutes, are amended to read: 27 390.0111 Termination of pregnancies.— 28 (1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.—No 29 termination of pregnancy shall be performed on any human being 30 in the third trimester of pregnancy unless one of the following 31 conditions is met: 32 (a) Two physicians certify in writingto the factthat, in 33 reasonable medical judgmentto a reasonable degree of medical34probability, the termination of the pregnancy is necessary to 35 save the pregnant woman’s life or avert a serious risk of 36 substantial and irreversible physical impairment of a major 37 bodily function of the pregnant woman other than a psychological 38 condition.or preserve the health of the pregnant woman; or39 (b) The physician certifies in writing that, in reasonable 40 medical judgment, there is ato themedical necessity for 41 legitimate emergency medical procedures for termination of the 42 pregnancy to save the pregnant woman’s life or avert a serious 43 risk of imminent substantial and irreversible physical 44 impairment of a major bodily function of the pregnant woman 45 other than a psychological conditionin the third trimester, and 46 another physician is not available for consultation. 47 (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER 48DURING VIABILITY.—If a termination of pregnancy is performed in 49 the third trimester, the physician performingduring viability,50no person who performs or inducesthe termination of pregnancy 51 must exercise the sameshall fail to use thatdegree of 52 professional skill, care, and diligence to preserve the life and 53 health of the fetus which the physiciansuch personwould be 54 required to exercise in order to preserve the life and health of 55 aanyfetus intended to be born and not aborted. However, if 56 preserving the life and health of the fetus conflicts with 57 preserving the life and health of the pregnant woman, the 58 physician must consider preserving the woman’s life and health 59 the overriding and superior concern“Viability” means that stage60of fetal development when the life of the unborn child may with61a reasonable degree of medical probability be continued62indefinitely outside the womb.Notwithstanding the provisions of63this subsection, the woman’s life and health shall constitute an64overriding and superior consideration to the concern for the65life and health of the fetus when such concerns are in conflict.66 (10) PENALTIES FOR VIOLATION.—Except as provided in 67 subsections (3), (7), and (12): 68 (a) Any person who willfully performs, or actively 69 participates in, a termination of pregnancyprocedurein 70 violation of the requirements of this section or s. 390.01112 71 commits a felony of the third degree, punishable as provided in 72 s. 775.082, s. 775.083, or s. 775.084. 73 (b) Any person who performs, or actively participates in, a 74 termination of pregnancyprocedurein violation ofthe75provisions ofthis section or s. 390.01112 which results in the 76 death of the woman commits a felony of the second degree, 77 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 78 (13) FAILURE TO COMPLY.—Failure to comply with the 79 requirements of this section or s. 390.01112 constitutes grounds 80 for disciplinary action under each respective practice act and 81 under s. 456.072. 82 Section 3. Section 390.01112, Florida Statutes, is created 83 to read: 84 390.01112 Termination of pregnancies during viability.— 85 (1) No termination of pregnancy shall be performed on any 86 human being if the physician determines that, in reasonable 87 medical judgment, the fetus has achieved viability, unless: 88 (a) Two physicians certify in writing that, in reasonable 89 medical judgment, the termination of the pregnancy is necessary 90 to save the pregnant woman’s life or avert a serious risk of 91 substantial and irreversible physical impairment of a major 92 bodily function of the pregnant woman other than a psychological 93 condition; or 94 (b) The physician certifies in writing that, in reasonable 95 medical judgment, there is a medical necessity for legitimate 96 emergency medical procedures for termination of the pregnancy to 97 save the pregnant woman’s life or avert a serious risk of 98 imminent substantial and irreversible physical impairment of a 99 major bodily function of the pregnant woman other than a 100 psychological condition, and another physician is not available 101 for consultation. 102 (2) Before performing a termination of pregnancy, a 103 physician must determine if the fetus is viable by, at a 104 minimum, performing a medical examination of the pregnant woman 105 and, to the maximum extent possible through reasonably available 106 tests and the ultrasound required under s. 390.0111(3), an 107 examination of the fetus. The physician must document in the 108 pregnant woman’s medical file the physician’s determination and 109 the method, equipment, fetal measurements, and any other 110 information used to determine the viability of the fetus. 111 (3) If a termination of pregnancy is performed during 112 viability, the physician performing the termination of pregnancy 113 must exercise the same degree of professional skill, care, and 114 diligence to preserve the life and health of the fetus that the 115 physician would be required to exercise in order to preserve the 116 life and health of a fetus intended to be born and not aborted. 117 However, if preserving the life and health of the fetus 118 conflicts with preserving the life and health of the woman, the 119 physician must consider preserving the woman’s life and health 120 the overriding and superior concern. 121 Section 4. Subsection (3) of section 797.03, Florida 122 Statutes, is amended to read: 123 797.03 Prohibited acts; penalties.— 124 (3) It is unlawful for any person to perform or assist in 125 performing an abortion on a person during viability or in the 126 third trimester other than in a hospital. 127 Section 5. Severability and reversion.— 128 (1) If any provision of this act or its application to any 129 person or circumstance is held invalid, the invalidity does not 130 affect other provisions or applications of this act which can be 131 given effect without the invalid provision or application, and 132 to this end the provisions of this act are severable. 133 (2) Notwithstanding subsection (1), if s. 390.01112, 134 Florida Statutes, is held unconstitutional and severed by a 135 court having jurisdiction, the amendments made by this act to s. 136 390.011, Florida Statutes, and subsections (4), (10), and (13) 137 of s. 390.0111, Florida Statutes, will be repealed and will 138 revert to the law as it existed on January 1, 2014. 139 Section 6. This act shall take effect July 1, 2014. 140 141 ================= T I T L E A M E N D M E N T ================ 142 And the title is amended as follows: 143 Delete everything before the enacting clause 144 and insert: 145 A bill to be entitled 146 An act relating to the termination of pregnancies; 147 amending s. 390.011, F.S.; defining the terms 148 “reasonable medical judgment” and “standard medical 149 measure” and redefining the term “viability”; amending 150 s. 390.0111, F.S.; revising the circumstances under 151 which a pregnancy in the third trimester may be 152 terminated; providing the standard of medical care for 153 the termination of a pregnancy during the third 154 trimester; providing criminal penalties for a 155 violation of s. 390.01112, F.S.; authorizing 156 administrative discipline for a violation of s. 157 390.01112, F.S., by certain licensed professionals; 158 creating s. 390.01112, F.S.; prohibiting the 159 termination of a viable fetus; providing exceptions; 160 requiring a physician to perform certain examinations 161 to determine the viability of a fetus; providing the 162 standard of care for the termination of a viable 163 fetus; amending s. 797.03, F.S.; prohibiting an 164 abortion of a viable fetus outside of a hospital; 165 providing for severability; providing for a contingent 166 future repeal and reversion of law; providing an 167 effective date.