Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 300
       
       
       
       
       
       
                                Ì7359320Î735932                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 11/F/2R         .                                
             03/30/2023 05:48 PM       .                                
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       Senator Book moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 216 - 242
    4  and insert:
    5         (e)The pregnant woman is a minor, and the gestational age
    6  of the fetus is not more than 15 weeks as determined by a
    7  physician.
    8         (2) IN-PERSON PERFORMANCE BY PHYSICIAN REQUIRED.—Only a
    9  physician may perform or induce a No termination of pregnancy
   10  shall be performed at any time except by a physician as defined
   11  in s. 390.011. A physician may not use telehealth as defined in
   12  s. 456.47 to perform an abortion, including, but not limited to,
   13  medical abortions. Any medications intended for use in a medical
   14  abortion must be dispensed in person by a physician and may not
   15  be dispensed through the United States Postal Service or by any
   16  other courier or shipping service.
   17         (10) PENALTIES FOR VIOLATION.—Except as provided in
   18  subsections (3), (7), and (12):
   19         (a) Any person who willfully performs, or actively
   20  participates in, a termination of pregnancy in violation of the
   21  requirements of this section or s. 390.01112 commits a felony of
   22  the third degree, punishable as provided in s. 775.082, s.
   23  775.083, or s. 775.084.
   24         (b) Any person who performs, or actively participates in, a
   25  termination of pregnancy in violation of this section or s.
   26  390.01112 which results in the death of the woman commits a
   27  felony of the second degree, punishable as provided in s.
   28  775.082, s. 775.083, or s. 775.084.
   29         (13) FAILURE TO COMPLY.—Failure to comply with the
   30  requirements of this section or s. 390.01112 constitutes grounds
   31  for disciplinary action under each respective practice act and
   32  under s. 456.072.
   33         Section 4. Section 390.01112, Florida Statutes, is
   34  repealed.
   35         Section 5. Paragraph (b) of subsection (4) and paragraph
   36  (b) of subsection (5) of section 390.01114, Florida Statutes,
   37  are amended to read:
   38         390.01114 Parental Notice of and Consent for Abortion Act.—
   39         (4) NOTIFICATION REQUIRED.—
   40         (b) Notice is not required if:
   41         1. In the physician’s good faith clinical judgment, a
   42  medical emergency exists and there is insufficient time for the
   43  attending physician to comply with the notification
   44  requirements. If a medical emergency exists, the physician shall
   45  make reasonable attempts, whenever possible, without endangering
   46  the minor, to contact the parent or legal guardian, and may
   47  proceed, but must document reasons for the medical necessity in
   48  the patient’s medical records. The physician shall provide
   49  notice directly, in person or by telephone, to the parent or
   50  legal guardian, including details of the medical emergency and
   51  any additional risks to the minor. If the parent or legal
   52  guardian has not been notified within 24 hours after the
   53  termination of the pregnancy, the physician shall provide notice
   54  in writing, including details of the medical emergency and any
   55  additional risks to the minor, signed by the physician, to the
   56  last known address of the parent or legal guardian of the minor,
   57  by first-class mail and by certified mail, return receipt
   58  requested, with delivery restricted to the parent or legal
   59  guardian;
   60         2. Notice is waived in writing by the person who is
   61  entitled to notice and such waiver is notarized, dated not more
   62  than 30 days before the termination of pregnancy, and contains a
   63  specific waiver of the right of the parent or legal guardian to
   64  notice of the minor’s termination of pregnancy;
   65         3. Notice is waived by the minor who is or has been married
   66  or has had the disability of nonage removed under s. 743.015 or
   67  a similar statute of another state;
   68         4. Notice is waived by the patient because the patient has
   69  a minor child dependent on her; or
   70         5. The gestational age of the fetus is 6 weeks or less; or
   71         6. Notice is waived under subsection (6).
   72         (5) PARENTAL CONSENT REQUIRED.—
   73         (b) The consent of a parent or guardian is not required if:
   74         1. Notification is not required as provided in subparagraph
   75  (4)(b)1., subparagraph (4)(b)3., subparagraph (4)(b)4., or
   76  subparagraph (4)(b)5., or subparagraph (4)(b)6.;
   77         2. Notification is not required due to the existence of a
   78  waiver as provided in subparagraph (4)(b)2., if that waiver is
   79  signed by the minor’s parent or legal guardian, is notarized, is
   80  dated within 30 days before the termination of the pregnancy,
   81  contains a specific waiver of the right of the parent or legal
   82  guardian to consent to the minor’s termination of pregnancy, and
   83  a copy of the parent’s or legal guardian’s government-issued
   84  proof of identification is attached to the waiver;
   85         3. Consent is waived under subsection (6); or
   86         4. The gestational age of the fetus is 6 weeks or less; or
   87         5. In the physician’s good faith clinical judgment, a
   88  medical emergency exists and there is insufficient time for the
   89  attending physician to comply with the consent requirement. If a
   90  medical emergency exists, the physician must make reasonable
   91  attempts, whenever possible, and without endangering the minor,
   92  to contact the parent or legal guardian of the minor, and may
   93  proceed, but must document reasons for the medical necessity in
   94  the minor patient’s medical records. The physician shall inform
   95  the parent or legal guardian, in person or by telephone, within
   96  24 hours after the termination of the pregnancy of the minor,
   97  including details of the medical emergency that necessitated the
   98  termination of the pregnancy without the parent’s or legal
   99  guardian’s consent. The physician shall also provide this
  100  information in writing to the parent or legal guardian at his or
  101  her last known address, by first-class mail or by certified
  102  mail, return receipt requested, with delivery restricted to the
  103  parent or legal guardian.
  104  
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Delete lines 26 - 36
  108  and insert:
  109         abuse hotline; providing an exception for minors under
  110         certain circumstances; prohibiting any person other
  111         than a physician from inducing a termination of
  112         pregnancy; prohibiting physicians from using
  113         telehealth to perform abortions; requiring that
  114         medications intended for use in a medical abortion be
  115         dispensed in person by a physician; prohibiting the
  116         dispensing of such medication through the United
  117         States Postal Service or any other courier or shipping
  118         service; conforming provisions to changes made by the
  119         act; repealing s. 390.01112, F.S., relating to
  120         termination of pregnancies during viability; amending
  121         s. 390.01114, F.S.; exempting minors from parental
  122         notification and consent requirements if the
  123         gestational age of the fetus is 6 weeks or less;
  124         amending s. 390.012,