Bill Text: FL S1744 | 2011 | Regular Session | Comm Sub
Bill Title: Abortions
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-05-04 - Read 2nd time -SJ 791 [S1744 Detail]
Download: Florida-2011-S1744-Comm_Sub.html
Florida Senate - 2011 CS for SB 1744 By the Committee on Health Regulation; and Senator Storms 588-03807-11 20111744c1 1 A bill to be entitled 2 An act relating to abortions; amending s. 390.0111, 3 F.S.; requiring that an ultrasound be performed on a 4 woman obtaining an abortion; specifying who must 5 perform an ultrasound; requiring that the ultrasound 6 be reviewed with the patient before the woman gives 7 informed consent for the abortion procedure; 8 specifying who must review the ultrasound with the 9 patient; requiring that the woman certify in writing 10 that she declined to review the ultrasound and did so 11 of her own free will and without undue influence; 12 providing an exemption from the requirement to view 13 the ultrasound for women who are the victims of rape, 14 incest, domestic violence, or human trafficking or for 15 women who have a serious medical condition 16 necessitating the abortion; revising requirements for 17 written materials; amending s. 390.012, F.S.; 18 requiring an ultrasound for all patients regardless of 19 when the abortion is performed; requiring that live 20 ultrasound images be reviewed and explained to the 21 patient; requiring that all other provisions in s. 22 390.0111, F.S., be complied with if the patient 23 declines to view her live ultrasound images; providing 24 for severability; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsection (3) of section 390.0111, Florida 29 Statutes, is amended to read: 30 390.0111 Termination of pregnancies.— 31 (3) CONSENTS REQUIRED.—A termination of pregnancy may not 32 be performed or induced except with the voluntary and informed 33 written consent of the pregnant woman or, in the case of a 34 mental incompetent, the voluntary and informed written consent 35 of her court-appointed guardian. 36 (a) Except in the case of a medical emergency, consent to a 37 termination of pregnancy is voluntary and informed only if: 38 1. The physician who is to perform the procedure, or the 39 referring physician, has, at a minimum, orally, in person, 40 informed the woman of: 41 a. The nature and risks of undergoing or not undergoing the 42 proposed procedure that a reasonable patient would consider 43 material to making a knowing and willful decision of whether to 44 terminate a pregnancy. 45 b. The probable gestational age of the fetus, verified by 46 an ultrasound, at the time the termination of pregnancy is to be 47 performed. 48 (I) The ultrasound must be performed by the physician who 49 is to perform the abortion or by a person having documented 50 evidence that he or she has completed a course in the operation 51 of ultrasound equipment as prescribed by rule and who is working 52 in conjunction with the physician. 53 (II) The person performing the ultrasound must allow the 54 woman to view the live ultrasound images, and a physician or a 55 registered nurse, licensed practical nurse, advanced registered 56 nurse practitioner, or physician assistant working in 57 conjunction with the physician must contemporaneously review and 58 explain the live ultrasound images to the woman before the woman 59 gives informed consent to having an abortion procedure 60 performed. However, this sub-sub-subparagraph does not apply if, 61 at the time the woman schedules or arrives for her appointment 62 to obtain an abortion, a copy of a restraining order, police 63 report, medical record, or other court order or documentation is 64 presented which provides evidence that the woman is obtaining 65 the abortion because the woman is a victim of rape, incest, 66 domestic violence, or human trafficking or that the woman has 67 been diagnosed as having a condition that, on the basis of a 68 physician’s good faith clinical judgment, would create a serious 69 risk of substantial and irreversible impairment of a major 70 bodily function if the woman delayed terminating her pregnancy. 71 (III) The woman has a right to decline to view the 72 ultrasound images after she is informed of her right and offered 73 an opportunity to view them. If the woman declines to view the 74 ultrasound images, the woman shall complete a form acknowledging 75 that she was offered an opportunity to view her ultrasound but 76 that she rejected that opportunity. The form must also indicate 77 that the woman’s decision not to view the ultrasound was not 78 based on any undue influence from any third party to discourage 79 her from viewing the images and that she declined to view the 80 images of her own free will. 81 c. The medical risks to the woman and fetus of carrying the 82 pregnancy to term. 83 2. Printed materials prepared and provided by the 84 department have been provided to the pregnant woman, if she 85 chooses to view these materials, including: 86 a. A description of the fetus, including a description of 87 the various stages of development. 88 b. A list of entitiesagenciesthat offer alternatives to 89 terminating the pregnancy. 90 c. Detailed information on the availability of medical 91 assistance benefits for prenatal care, childbirth, and neonatal 92 care. 93 3. The woman acknowledges in writing, before the 94 termination of pregnancy, that the information required to be 95 provided under this subsection has been provided. 96 97 Nothing in this paragraph is intended to prohibit a physician 98 from providing any additional information which the physician 99 deems material to the woman’s informed decision to terminate her 100 pregnancy. 101 (b) IfIn the eventa medical emergency exists and a 102 physician cannot comply with the requirements for informed 103 consent, a physician may terminate a pregnancy if he or she has 104 obtained at least one corroborative medical opinion attesting to 105 the medical necessity for emergency medical procedures and to 106 the fact that to a reasonable degree of medical certainty the 107 continuation of the pregnancy would threaten the life of the 108 pregnant woman. If aIn the event nosecond physician is not 109 available for a corroborating opinion, the physician may proceed 110 but shall document reasons for the medical necessity in the 111 patient’s medical records. 112 (c) Violation of this subsection by a physician constitutes 113 grounds for disciplinary action under s. 458.331 or s. 459.015. 114 Substantial compliance or reasonable belief that complying with 115 the requirements of informed consent would threaten the life or 116 health of the patient is a defense to any action brought under 117 this paragraph. 118 Section 2. Paragraph (d) of subsection (3) of section 119 390.012, Florida Statutes, is amended to read: 120 390.012 Powers of agency; rules; disposal of fetal 121 remains.— 122 (3) For clinics that perform or claim to perform abortions 123 after the first trimester of pregnancy, the agency shall adopt 124 rules pursuant to ss. 120.536(1) and 120.54 to implement the 125 provisions of this chapter, including the following: 126 (d) Rules relating to the medical screening and evaluation 127 of each abortion clinic patient. At a minimum, these rules shall 128 require: 129 1. A medical history including reported allergies to 130 medications, antiseptic solutions, or latex; past surgeries; and 131 an obstetric and gynecological history. 132 2. A physical examination, including a bimanual examination 133 estimating uterine size and palpation of the adnexa. 134 3. The appropriate laboratory tests, including: 135 a.For an abortion in which an ultrasound examination is136not performed before the abortion procedure,Urine or blood 137 tests for pregnancy performed before the abortion procedure. 138 b. A test for anemia. 139 c. Rh typing, unless reliable written documentation of 140 blood type is available. 141 d. Other tests as indicated from the physical examination. 142 4. An ultrasound evaluation for all patientswho elect to143have an abortion after the first trimester. The rules shall 144 require that if a person who is not a physician performs an 145 ultrasound examination, that person shall have documented 146 evidence that he or she has completed a course in the operation 147 of ultrasound equipment as prescribed in rule. The physician, 148 registered nurse, licensed practical nurse, advanced registered 149 nurse practitioner, or physician assistant shall review and 150 explain, at the request of the patient,the live ultrasound 151 imagesevaluation results, including an estimate of the probable 152 gestational age of the fetus, with the patient before the 153 abortion procedure is performed, unless the patient declines 154 pursuant to s. 390.0111. If the patient declines to view the 155 live ultrasound images, the rules shall require that s. 390.0111 156 be complied with in all other respects. 157 5. That the physician is responsible for estimating the 158 gestational age of the fetus based on the ultrasound examination 159 and obstetric standards in keeping with established standards of 160 care regarding the estimation of fetal age as defined in rule 161 and shall write the estimate in the patient’s medical history. 162 The physician shall keep original prints of each ultrasound 163 examination of a patient in the patient’s medical history file. 164 Section 3. If any provision of this act or its application 165 to any person or circumstance is held invalid, the invalidity 166 does not affect other provisions or applications of the act 167 which can be given effect without the invalid provision or 168 application, and to this end the provisions of this act are 169 severable. 170 Section 4. This act shall take effect July 1, 2011.