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_Floor_Amendment_111298.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_Floor_Amendment_111298.html
Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for SB 918 Ì111298@Î111298 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 04/24/2014 11:37 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Sobel moved the following: 1 Senate Amendment 2 3 Delete lines 69 - 134 4 and insert: 5 (c) The physician certifies in writing that the fetus has a 6 fetal anomaly incompatible with sustainable life. 7 (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER 8DURING VIABILITY.—If a termination of pregnancy is performed in 9 the third trimester under paragraph(1)(a) or paragraph (1)(b), 10 the physician performingduring viability, no person who11performs or inducesthe termination of pregnancy must exercise 12 the sameshall fail to use thatdegree of professional skill, 13 care, and diligence to preserve the life and health of the fetus 14 which the physiciansuch personwould be required to exercise in 15 order to preserve the life and health of aanyfetus intended to 16 be born and not aborted. However, if preserving the life and 17 health of the fetus conflicts with preserving the life and 18 health of the pregnant woman, the physician must consider 19 preserving the woman’s life and health the overriding and 20 superior concern“Viability” means that stage of fetal21development when the life of the unborn child may with a22reasonable degree of medical probability be continued23indefinitely outside the womb.Notwithstanding the provisions of24this subsection, the woman’s life and health shall constitute an25overriding and superior consideration to the concern for the26life and health of the fetus when such concerns are in conflict.27 (10) PENALTIES FOR VIOLATION.—Except as provided in 28 subsections (3), (7), and (12): 29 (a) Any person who willfully performs, or actively 30 participates in, a termination of pregnancyprocedurein 31 violation of the requirements of this section or s. 390.01112 32 commits a felony of the third degree, punishable as provided in 33 s. 775.082, s. 775.083, or s. 775.084. 34 (b) Any person who performs, or actively participates in, a 35 termination of pregnancyprocedurein violation ofthe36provisions ofthis section or s. 390.01112 which results in the 37 death of the woman commits a felony of the second degree, 38 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 39 (13) FAILURE TO COMPLY.—Failure to comply with the 40 requirements of this section or s. 390.01112 constitutes grounds 41 for disciplinary action under each respective practice act and 42 under s. 456.072. 43 Section 3. Section 390.01112, Florida Statutes, is created 44 to read: 45 390.01112 Termination of pregnancies during viability.— 46 (1) No termination of pregnancy shall be performed on any 47 human being if the physician determines that, in reasonable 48 medical judgment, the fetus has achieved viability, unless: 49 (a) Two physicians certify in writing that, in reasonable 50 medical judgment, the termination of the pregnancy is necessary 51 to save the pregnant woman’s life or avert a serious risk of 52 substantial and irreversible physical impairment of a major 53 bodily function of the pregnant woman other than a psychological 54 condition; 55 (b) The physician certifies in writing that, in reasonable 56 medical judgment, there is a medical necessity for legitimate 57 emergency medical procedures for termination of the pregnancy to 58 save the pregnant woman’s life or avert a serious risk of 59 imminent substantial and irreversible physical impairment of a 60 major bodily function of the pregnant woman other than a 61 psychological condition, and another physician is not available 62 for consultation; or 63 (c) The physician certifies in writing that the fetus has a 64 fetal anomaly incompatible with sustainable life. 65 (2) Before performing a termination of pregnancy, a 66 physician must determine if the fetus is viable by, at a 67 minimum, performing a medical examination of the pregnant woman 68 and, to the maximum extent possible through reasonably available 69 tests and the ultrasound required under s. 390.0111(3), an 70 examination of the fetus. The physician must document in the 71 pregnant woman’s medical file the physician’s determination and 72 the method, equipment, fetal measurements, and any other 73 information used to determine the viability of the fetus. 74 (3) If a termination of pregnancy is performed during 75 viability under paragraph (1)(a) or paragraph (1)(b), the 76 physician performing the termination of pregnancy