Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1748
       
       
       
       
       
       
                                Barcode 685560                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Health Regulation (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 74 - 123
    4  and insert:
    5         Section 1. Subsection (9) is added to section 390.011,
    6  Florida Statutes, to read:
    7         390.011 Definitions.—As used in this chapter, the term:
    8         (9) “Viability” means that stage of fetal development when
    9  the life of the unborn child may, with a reasonable degree of
   10  medical probability, be continued indefinitely outside the womb.
   11         Section 2. Subsections (1), (2), (4), (7), and (10) of
   12  section 390.0111, Florida Statutes, are amended, and subsection
   13  (12) is added to that section, to read:
   14         390.0111 Termination of pregnancies.—
   15         (1) TERMINATION IN THIRD TRIMESTER OR AFTER VIABILITY; WHEN
   16  ALLOWED.—
   17         (a) A No termination of pregnancy may not shall be
   18  performed after the period at which, in the best medical
   19  judgment of the physician, the fetus has attained viability, as
   20  defined in s. 390.011, or on any person human being in the third
   21  trimester of pregnancy unless:
   22         1.(a) Two physicians certify in writing to the fact that,
   23  to a reasonable degree of medical probability, the termination
   24  of pregnancy is necessary to prevent the death of the pregnant
   25  woman or the substantial and irreversible impairment of a major
   26  bodily function of the pregnant woman save the life or preserve
   27  the health of the pregnant woman; or
   28         2.(b) The physician certifies in writing to the existence
   29  of a medical emergency, as defined in s. 390.01114(2)(d) medical
   30  necessity for legitimate emergency medical procedures for
   31  termination of pregnancy in the third trimester, and another
   32  physician is not available for consultation.
   33         (b) An abortion clinic must provide conspicuous notice on
   34  any form or medium of advertisement that the abortion clinic is
   35  prohibited from performing abortions in the third trimester or
   36  after viability.
   37         (2) PHYSICIAN, LOCATION, AND CLINIC LICENSURE AND OWNERSHIP
   38  REQUIREMENTS PERFORMANCE BY PHYSICIAN REQUIRED.—
   39         (a)A No termination of pregnancy may not shall be
   40  performed at any time except by a physician as defined in s.
   41  390.011. A physician who offers to perform or who performs
   42  terminations of pregnancy in an abortion clinic must annually
   43  complete a minimum of 3 hours of continuing education related to
   44  ethics.
   45         (b) Except for procedures that must be conducted in a
   46  hospital or in emergency-care situations, a termination of
   47  pregnancy may not be performed in a location other than in a
   48  validly licensed hospital, abortion clinic, or physician’s
   49  office.
   50         (c) A person may not establish, conduct, manage, or operate
   51  an abortion clinic without a valid current license.
   52         (d) A person may not perform or assist in performing an
   53  abortion on a person in the third trimester or after viability,
   54  other than in a hospital.
   55         (e) Other than an abortion clinic licensed before October
   56  1, 2011, an abortion clinic must be wholly owned and operated by
   57  a physician who has received training during residency in
   58  performing a dilation-and-curettage procedure or a dilation-and
   59  evacuation procedure.
   60         (f) A person who willfully violates paragraph (c),
   61  paragraph (d), or paragraph (e) commits a misdemeanor of the
   62  second degree, punishable as provided in s. 775.082 or s.
   63  775.083.
   64         (4) STANDARD OF MEDICAL CARE TO BE USED DURING VIABILITY.
   65  If a termination of pregnancy is performed during viability, no
   66  person who performs or induces the termination of pregnancy
   67  shall fail to use that degree of professional skill, care, and
   68  diligence to preserve the life and health of the fetus which
   69  such person would be required to exercise in order to preserve
   70  the life and health of any fetus intended to be born and not
   71  aborted. “Viability” means that stage of fetal development when
   72  the life of the unborn child may with a reasonable degree of
   73  medical probability be continued indefinitely outside the womb.
   74  Notwithstanding the provisions of this subsection, the woman’s
   75  life and health shall constitute an overriding and superior
   76  consideration to the concern for the life and health of the
   77  fetus when such concerns are in conflict.
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80         And the title is amended as follows:
   81         Delete lines 2 - 26
   82  and insert:
   83         An act relating to abortions; amending s. 390.011,
   84         F.S.; defining the term “viability” as it relates to
   85         the termination of a pregnancy; amending s. 390.0111,
   86         F.S.; restricting the circumstances in which an
   87         abortion may be performed in the third trimester or
   88         after viability; requiring an abortion clinic to
   89         provide conspicuous notice on any form or medium of
   90         advertisement that the abortion clinic is prohibited
   91         from performing abortions in the third trimester or
   92         after viability; providing certain physician,
   93         location, and clinic licensure and ownership
   94         requirements; requiring a physician who offers to
   95         perform or who performs terminations of pregnancy to
   96         complete continuing education related to ethics;
   97         prohibiting a termination of pregnancy from being
   98         performed in a location other than a validly licensed
   99         hospital, abortion clinic, or physician’s office;
  100         prohibiting a person from establishing, conducting,
  101         managing, or operating an abortion clinic without a
  102         valid, current license; prohibiting a person from
  103         performing or assisting in performing an abortion on a
  104         person in the third trimester or after viability, in a
  105         location other than a hospital; requiring an abortion
  106         clinic to be owned and operated by a physician who has
  107         received training during residency in performing a
  108         dilation-and-curettage procedure or a dilation-and
  109         evacuation procedure; providing a penalty; deleting
  110         the definition of the term “viability”; providing