Bill Text: FL S1642 | 2022 | Regular Session | Introduced
Bill Title: Informed Consent for Termination Of Pregnancy
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Health Policy [S1642 Detail]
Download: Florida-2022-S1642-Introduced.html
Florida Senate - 2022 SB 1642 By Senator Farmer 34-01490A-22 20221642__ 1 A bill to be entitled 2 An act relating to informed consent for termination of 3 pregnancy; amending s. 390.0111, F.S.; deleting the 4 requirement that a physician be physically present in 5 the same room when informing a pregnant woman of 6 specified information for purposes of obtaining 7 informed consent for termination of a pregnancy; 8 deleting the requirement that such information be 9 provided within a specified timeframe; deleting the 10 requirement that a physician perform an ultrasound on 11 a pregnant woman and inform her of the probable 12 gestational age of the fetus for purposes of obtaining 13 informed consent for a termination of pregnancy; 14 conforming provisions to changes made by the act; 15 amending s. 390.01112, F.S.; conforming a provision to 16 changes made by the act; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (3) of section 390.0111, Florida 21 Statutes, is amended to read: 22 390.0111 Termination of pregnancies.— 23 (3) CONSENTS REQUIRED.—A termination of pregnancy may not 24 be performed or induced except with the voluntary and informed 25 written consent of the pregnant woman or, in the case of a 26 mentally incompetent pregnant womanmental incompetent, the 27 voluntary and informed written consent of her court-appointed 28 guardian. 29 (a) Except in the case of a medical emergency, consent to a 30 termination of pregnancy is voluntary and informed only if: 31 1. The physician who is to perform the procedure, or the 32 referring physician, has, at a minimum, orally, while physically33present in the same room, and at least 24 hours before the34procedure,informed the woman of: 35 a. The nature and risks of undergoing or not undergoing the 36 proposed procedure whichthata reasonable patient would 37 consider material to making a knowing and willful decision of 38 whether to terminate a pregnancy. 39 b.The probable gestational age of the fetus, verified by40an ultrasound, at the time the termination of pregnancy is to be41performed.42(I) The ultrasound must be performed by the physician who43is to perform the abortion or by a person having documented44evidence that he or she has completed a course in the operation45of ultrasound equipment as prescribed by rule and who is working46in conjunction with the physician.47(II) The person performing the ultrasound must offer the48woman the opportunity to view the live ultrasound images and49hear an explanation of them. If the woman accepts the50opportunity to view the images and hear the explanation, a51physician or a registered nurse, licensed practical nurse,52advanced practice registered nurse, or physician assistant53working in conjunction with the physician must contemporaneously54review and explain the images to the woman before the woman55gives informed consent to having an abortion procedure56performed.57(III) The woman has a right to decline to view and hear the58explanation of the live ultrasound images after she is informed59of her right and offered an opportunity to view the images and60hear the explanation. If the woman declines, the woman shall61complete a form acknowledging that she was offered an62opportunity to view and hear the explanation of the images but63that she declined that opportunity. The form must also indicate64that the woman’s decision was not based on any undue influence65from any person to discourage her from viewing the images or66hearing the explanation and that she declined of her own free67will.68(IV) Unless requested by the woman, the person performing69the ultrasound may not offer the opportunity to view the images70and hear the explanation and the explanation may not be given71if, at the time the woman schedules or arrives for her72appointment to obtain an abortion, a copy of a restraining73order, police report, medical record, or other court order or74documentation is presented which provides evidence that the75woman is obtaining the abortion because the woman is a victim of76rape, incest, domestic violence, or human trafficking or that77the woman has been diagnosed as having a condition that, on the78basis of a physician’s good faith clinical judgment, would79create a serious risk of substantial and irreversible impairment80of a major bodily function if the woman delayed terminating her81pregnancy.82c.The medical risks to the woman and fetus of carrying the 83 pregnancy to term. 84 85The physician may provide the information required in this86subparagraph within 24 hours before the procedure if requested87by the woman at the time she schedules or arrives for her88appointment to obtain an abortion and if she presents to the89physician a copy of a restraining order, police report, medical90record, or other court order or documentation evidencing that91she is obtaining the abortion because she is a victim of rape,92incest, domestic violence, or human trafficking.93 2. Printed materials prepared and provided by the 94 department have been provided to the pregnant woman, if she 95 chooses to view these materials, including: 96 a. A description of the fetus, including a description of 97 the various stages of development. 98 b. A list of entities that offer alternatives to 99 terminating the pregnancy. 100 c. Detailed information on the availability of medical 101 assistance benefits for prenatal care, childbirth, and neonatal 102 care. 103 3. The woman acknowledges in writing, before the 104 termination of pregnancy, that the information required to be 105 provided under this subsection has been provided. 106 107 Nothing in this paragraph is intended to prohibit a physician 108 from providing any additional information thatwhichthe 109 physician deems material to the woman’s informed decision to 110 terminate her pregnancy. 111 (b) If a medical emergency exists and a physician cannot 112 comply with the requirements for informed consent, a physician 113 may terminate a pregnancy if he or she has obtained at least one 114 corroborative medical opinion attesting to the medical necessity 115 for emergency medical procedures and to the fact that, to a 116 reasonable degree of medical certainty, the continuation of the 117 pregnancy would threaten the life of the pregnant woman. If a 118 second physician is not available for a corroborating opinion, 119 the physician may proceed but mustshalldocument reasons for 120 the medical necessity in the patient’s medical records. 121 (c) Violation of this subsection by a physician constitutes 122 grounds for disciplinary action under s. 458.331 or s. 459.015. 123 Substantial compliance or reasonable belief that complying with 124 the requirements of informed consent would threaten the life or 125 health of the patient is a defense to any action brought under 126 this paragraph. 127 Section 2. Subsection (2) of section 390.01112, Florida 128 Statutes, is amended to read: 129 390.01112 Termination of pregnancies during viability.— 130 (2) Before performing a termination of pregnancy, a 131 physician must determine if the fetus is viable by, at a 132 minimum, performing a medical examination of the pregnant woman 133 and, to the maximum extent possible through reasonably available 134 tests and antheultrasoundrequired under s. 390.0111(3), an 135 examination of the fetus. The physician must document in the 136 pregnant woman’s medical file the physician’s determination and 137 the method, equipment, fetal measurements, and any other 138 information used to determine the viability of the fetus. 139 Section 3. This act shall take effect upon becoming a law.