Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 404
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Berman moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 69 - 129
    4  and insert:
    5         2. A licensed mental health counselor, a licensed
    6  psychologist, or a licensed psychiatrist certifies in the
    7  minor’s medical record that abortion is in the best interest of
    8  the minor’s mental health;
    9         3. Notice is waived in writing by the person who is
   10  entitled to notice and such waiver is notarized, dated not more
   11  than 30 days before the termination of pregnancy, and contains a
   12  specific waiver of the right of the parent or legal guardian to
   13  notice of the minor’s termination of pregnancy;
   14         4.3. Notice is waived by the minor who is or has been
   15  married or has had the disability of nonage removed under s.
   16  743.015 or a similar statute of another state;
   17         5.4. Notice is waived by the patient because the patient
   18  has a minor child dependent on her; or
   19         6.5. Notice is waived under subsection (6) (4).
   20         (5)PARENTAL CONSENT REQUIRED.—
   21         (a)A physician must obtain written consent from a parent
   22  or legal guardian before performing or inducing the termination
   23  of a pregnancy of a minor.
   24         1.The consenting parent or legal guardian shall provide to
   25  the physician a copy of a government-issued proof of
   26  identification and written documentation establishing that he or
   27  she is the lawful parent or legal guardian of the minor. The
   28  parent or legal guardian shall certify in a signed, dated, and
   29  notarized document, initialed on each page, that he or she
   30  consents to the termination of the pregnancy of the minor. The
   31  document must include the following statement, which must
   32  precede the signature of the parent or guardian: “I, (insert
   33  name of parent or legal guardian), am the (select “parent” or
   34  “legal guardian,” as appropriate) of (insert name of minor) and
   35  give consent for (insert name of physician) to perform or induce
   36  a termination of pregnancy on her. Under penalties of perjury, I
   37  declare that I have read the foregoing statement and that the
   38  facts stated in it are true.” A copy of the parent’s or legal
   39  guardian’s government-issued proof of identification
   40  establishing that he or she is the minor’s lawful parent or
   41  legal guardian must be attached to the notarized document.
   42         2.The physician shall keep a copy of the proof of
   43  identification of the parent or legal guardian and the certified
   44  statement in the medical file of the minor for 5 years after the
   45  minor reaches the age of 18 years, but in no event less than 7
   46  years.
   47         3.A physician receiving consent from a parent or guardian
   48  under this section shall execute for inclusion in the medical
   49  record of the minor an affidavit stating: “I, (insert name of
   50  physician), certify that, according to my best information and
   51  belief, a reasonable person under similar circumstances would
   52  rely on the information presented by both the minor and her
   53  parent or legal guardian as sufficient evidence of identity.”
   54         (b)The consent of a parent or guardian is not required if:
   55         1.Notification is not required as provided in subparagraph
   56  (4)(b)1., subparagraph (4)(b)3., subparagraph (4)(b)4., or
   57  subparagraph (4)(b)5.;
   58         2.Notification is not required due to the existence of a
   59  waiver as provided in subparagraph (4)(b)2., if that waiver is
   60  signed by the minor’s parent or legal guardian, is notarized, is
   61  dated within 30 days before the termination of the pregnancy,
   62  contains a specific waiver of the right of the parent or legal
   63  guardian to consent to the minor’s termination of pregnancy, and
   64  a copy of a government-issued proof of identification and
   65  written documentation establishing that the person who signed
   66  the waiver is the lawful parent or legal guardian, as
   67  applicable, of the minor is attached to the waiver;
   68         3.Consent is waived under subsection (6);
   69         4.A licensed mental health counselor, a licensed
   70  psychologist, or a licensed psychiatrist certifies in the
   71  minor’s medical record that abortion is in the best interest of
   72  the minor’s mental health; or
   73         5.In the physician’s good faith clinical judgment, a