Florida Senate - 2016                                     SB 602
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00508-16                                            2016602__
    1                        A bill to be entitled                      
    2         An act relating to physician admitting privileges;
    3         providing a short title; amending s. 390.011, F.S.;
    4         defining the term “termination of pregnancy”; amending
    5         s. 390.012, F.S.; requiring that a physician
    6         performing an abortion have admitting privileges at a
    7         hospital in this state or have a transfer agreement
    8         with a hospital within reasonable proximity of the
    9         abortion clinic; defining the term “reasonable
   10         proximity”; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Women’s Health
   15  Protection Act.”
   16         Section 2. Subsection (1) of section 390.011, Florida
   17  Statutes, is amended to read:
   18         390.011 Definitions.—As used in this chapter, the term:
   19         (1) “Abortion” or “termination of pregnancy” means the
   20  termination of human pregnancy with an intention other than to
   21  produce a live birth or to remove a dead fetus.
   22         Section 3. Paragraph (c) of subsection (3) of section
   23  390.012, Florida Statutes, is amended to read:
   24         390.012 Powers of agency; rules; disposal of fetal
   25  remains.—
   26         (3) For clinics that perform or claim to perform abortions
   27  after the first trimester of pregnancy, the agency shall adopt
   28  rules pursuant to ss. 120.536(1) and 120.54 to implement the
   29  provisions of this chapter, including the following:
   30         (c) Rules relating to abortion clinic personnel. At a
   31  minimum, these rules must shall require that:
   32         1. The abortion clinic designate a medical director who is
   33  licensed to practice medicine in this state.
   34         2. The medical director and any physician performing an
   35  abortion have and who has admitting privileges at a licensed
   36  hospital in this state or have has a transfer agreement with a
   37  licensed hospital within reasonable proximity of the clinic. As
   38  used in this subparagraph, the term “within reasonable
   39  proximity” means a location that may be reached by an emergency
   40  vehicle in a transport time of 30 minutes or less.
   41         3.2. If a physician is not present after an abortion is
   42  performed, a registered nurse, licensed practical nurse,
   43  advanced registered nurse practitioner, or physician assistant
   44  shall be present and remain at the clinic to provide
   45  postoperative monitoring and care until the patient is
   46  discharged.
   47         4.3. Surgical assistants receive training in counseling,
   48  patient advocacy, and the specific responsibilities associated
   49  with the services the surgical assistants provide.
   50         5.4. Volunteers receive training in the specific
   51  responsibilities associated with the services the volunteers
   52  provide, including counseling and patient advocacy as provided
   53  in the rules adopted by the director for different types of
   54  volunteers based on their responsibilities.
   55         Section 4. This act shall take effect July 1, 2016.
   56