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 writing to the fact that, 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 of
   54  the pregnant woman; or
   55         (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 condition in the third
   61  trimester, and another physician is not available for
   62  consultation.
   63         (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER
   64  DURING VIABILITY.—If a termination of pregnancy is performed in
   65  the third trimester, the physician performing during viability,
   66  no person who performs or induces the termination of pregnancy
   67  must exercise the same shall fail to use that degree of
   68  professional skill, care, and diligence to preserve the life and
   69  health of the fetus which the physician such person would be
   70  required to exercise in order to preserve the life and health of
   71  a any fetus 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 stage
   76  of fetal development when the life of the unborn child may with
   77  a reasonable degree of medical probability be continued
   78  indefinitely outside the womb. Notwithstanding the provisions of
   79  this subsection, the woman’s life and health shall constitute an
   80  overriding and superior consideration to the concern for the
   81  life 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 pregnancy procedure in
   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 pregnancy procedure in violation of the
   91  provisions of this 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.