Bill Text: FL S0918 | 2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2014 SB 918 By Senator Flores 37-01090C-14 2014918__ 1 A bill to be entitled 2 An act relating to the termination of pregnancies; 3 amending s. 390.011, F.S.; defining the term “standard 4 medical measure” and redefining the term “viability”; 5 amending s. 390.0111, F.S.; revising the circumstances 6 under which a pregnancy in the third trimester may be 7 terminated; providing the standard of medical care for 8 the termination of a pregnancy during the third 9 trimester; providing criminal penalties for a 10 violation of s. 390.01112, F.S.; authorizing 11 administrative discipline for a violation of s. 12 390.01112, F.S., by certain licensed professionals; 13 creating s. 390.01112, F.S.; prohibiting the 14 termination of a viable fetus; providing exceptions; 15 requiring a physician to perform certain examinations 16 to determine the viability of a fetus; providing the 17 standard of care for the termination of a viable 18 fetus; amending s. 797.03, F.S.; prohibiting an 19 abortion of a viable fetus outside of a hospital; 20 providing for severability; providing for a contingent 21 future repeal and reversion of law; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Present subsection (9) of section 390.011, 27 Florida Statutes, is redesignated as subsection (10), and new 28 subsections (9) and (11) are added to that section, to read: 29 390.011 Definitions.—As used in this chapter, the term: 30 (9) “Standard medical measure” means the medical care that 31 a physician would provide based on the particular facts of the 32 pregnancy, the information available to the physician, and the 33 technology reasonably available in a hospital, as defined in s. 34 395.002, with an obstetrical department, to preserve the life 35 and health of the fetus, with or without temporary artificial 36 life sustaining support, if the fetus were born at the same 37 stage of fetal development. 38 (11) “Viable” or “viability” means the stage of fetal 39 development when the life of a fetus is sustainable outside the 40 womb through standard medical measures. 41 Section 2. Subsections (1), (4), (10), and (13) of section 42 390.0111, Florida Statutes, are amended to read: 43 390.0111 Termination of pregnancies.— 44 (1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.—No 45 termination of pregnancy shall be performed on any human being 46 in the third trimester of pregnancy unless one of the following 47 conditions is met: 48 (a) Two physicians certify in writingto the factthat, to 49 a reasonable degree of medical probability, the termination of 50 the pregnancy is necessary to save the pregnant woman’s life or 51 avert a serious risk of substantial and irreversible physical 52 impairment of a major bodily function of the pregnant woman 53 other than a psychological condition.or preserve the health of54the pregnant woman; or55 (b) The physician certifies in writing to the medical 56 necessity for legitimate emergency medical procedures for 57 termination of the pregnancy to save the pregnant woman’s life 58 or avert a serious risk of imminent substantial and irreversible 59 physical impairment of a major bodily function of the pregnant 60 woman other than a psychological conditionin the third61trimester, and another physician is not available for 62 consultation. 63 (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER 64DURING VIABILITY.—If a termination of pregnancy is performed in 65 the third trimester, the physician performingduring viability,66no person who performs or inducesthe termination of pregnancy 67 must exercise the sameshall fail to use thatdegree of 68 professional skill, care, and diligence to preserve the life and 69 health of the fetus which the physiciansuch personwould be 70 required to exercise in order to preserve the life and health of 71 aanyfetus intended to be born and not aborted. However, if 72 preserving the life and health of the fetus conflicts with 73 preserving the life and health of the pregnant woman, the 74 physician must consider preserving the woman’s life and health 75 the overriding and superior concern“Viability” means that stage76of fetal development when the life of the unborn child may with77a reasonable degree of medical probability be continued78indefinitely outside the womb.Notwithstanding the provisions of79this subsection, the woman’s life and health shall constitute an80overriding and superior consideration to the concern for the81life and health of the fetus when such concerns are in conflict.82 (10) PENALTIES FOR VIOLATION.—Except as provided in 83 subsections (3), (7), and (12): 84 (a) Any person who willfully performs, or actively 85 participates in, a termination of pregnancyprocedurein 86 violation of the requirements of this section or s. 390.01112 87 commits a felony of the third degree, punishable as provided in 88 s. 775.082, s. 775.083, or s. 775.084. 89 (b) Any person who performs, or actively participates in, a 90 termination of pregnancyprocedurein violation ofthe91provisions ofthis section or s. 390.01112 which results in the 92 death of the woman commits a felony of the second degree, 93 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 94 (13) FAILURE TO COMPLY.—Failure to comply with the 95 requirements of this section or s. 390.01112 constitutes grounds 96 for disciplinary action under each respective practice act and 97 under s. 456.072. 98 Section 3. Section 390.01112, Florida Statutes, is created 99 to read: 100 390.01112 Termination of pregnancies during viability.— 101 (1) No termination of pregnancy shall be performed on any 102 human being if the physician reasonably determines that, in the 103 physician’s good faith medical judgment, the fetus has achieved 104 viability, unless: 105 (a) Two physicians certify in writing that, to a reasonable 106 degree of medical probability, the termination of the pregnancy 107 is necessary to save the pregnant woman’s life or avert a 108 serious risk of substantial and irreversible physical impairment 109 of a major bodily function of the pregnant woman other than a 110 psychological condition; or 111 (b) The physician certifies in writing to the medical 112 necessity for legitimate emergency medical procedures for 113 termination of the pregnancy to save the pregnant woman’s life 114 or avert a serious risk of imminent substantial and irreversible 115 physical impairment of a major bodily function of the pregnant 116 woman other than a psychological condition, and another 117 physician is not available for consultation. 118 (2) Before performing a termination of pregnancy, a 119 physician must determine if the fetus is viable by, at a 120 minimum, performing a medical examination of the pregnant woman 121 and, to the maximum extent possible through reasonably available 122 tests and the ultrasound required under s. 390.0111(3), an 123 examination of the fetus. The physician must document in the 124 pregnant woman’s medical file the physician’s determination and 125 the method, equipment, fetal measurements, and any other 126 information used to determine the viability of the fetus. 127 (3) If a termination of pregnancy is performed during 128 viability, the physician performing the termination of pregnancy 129 must exercise the same degree of professional skill, care, and 130 diligence to preserve the life and health of the fetus that the 131 physician would be required to exercise in order to preserve the 132 life and health of a fetus intended to be born and not aborted. 133 However, if preserving the life and health of the fetus 134 conflicts with preserving the life and health of the woman, the 135 physician must consider preserving the woman’s life and health 136 the overriding and superior concern. 137 Section 4. Subsection (3) of section 797.03, Florida 138 Statutes, is amended to read: 139 797.03 Prohibited acts; penalties.— 140 (3) It is unlawful for any person to perform or assist in 141 performing an abortion on a person during viability or in the 142 third trimester other than in a hospital. 143 Section 5. Severability and reversion.— 144 (1) If any provision of this act or its application to any 145 person or circumstance is held invalid, the invalidity does not 146 affect other provisions or applications of this act which can be 147 given effect without the invalid provision or application, and 148 to this end the provisions of this act are severable. 149 (2) Notwithstanding subsection (1), if s. 390.01112, 150 Florida Statutes, is held unconstitutional and severed by a 151 court having jurisdiction, the amendments made by this act to s. 152 390.011, Florida Statutes, and subsections (4), (10), and (13) 153 of s. 390.0111, Florida Statutes, will be repealed and will 154 revert to the law as it existed on January 1, 2014. 155 Section 6. This act shall take effect July 1, 2014.