The Florida Senate

381.0051  Family planning.--

(1)  SHORT TITLE.--This section shall be known as the "Comprehensive Family Planning Act."

(2)  LEGISLATIVE INTENT.--It is the intent of the Legislature to make available to citizens of the state of childbearing age comprehensive medical knowledge, assistance, and services relating to the planning of families and maternal health care.

(3)  ACCESS TO SERVICES; PROHIBITIONS.--Except as otherwise provided in this section, no medical agency or institution of this state or unit of local government shall interfere with the right of any patient or physician to use medically acceptable contraceptive procedures, supplies, or information or to restrict the physician-patient relationship.

(4)  AUTHORITY AND POWERS.--

(a)  The Department of Health shall implement a comprehensive family planning program which shall be designed to include, but not be limited to, the following:

1.  Comprehensive family planning education and counseling programs.

2.  Prescription for and provision of all medically recognized methods of contraception.

3.  Medical evaluation, including cytological examination and other appropriate laboratory studies.

4.  Treatment of physical complications other than pregnancy resulting from the use of contraceptive methods.

5.  Provision of services at locations and times readily available to the population served.

6.  Emphasis and stress on service to postpartum mothers.

(b)  Services shall be available to all persons desirous of such services, subject to the provisions of this section, at a cost based on a fee schedule prepared and published by the Department of Health. Fees shall be based on the cost of service and ability to pay.

(5)  MINORS; PROVISION OF MATERNAL HEALTH AND CONTRACEPTIVE INFORMATION AND SERVICES.--

(a)  Maternal health and contraceptive information and services of a nonsurgical nature may be rendered to any minor by persons licensed to practice medicine under the provisions of chapter 458 or chapter 459, as well as by the Department of Health through its family planning program, provided the minor:

1.  Is married;

2.  Is a parent;

3.  Is pregnant;

4.  Has the consent of a parent or legal guardian; or

5.  May, in the opinion of the physician, suffer probable health hazards if such services are not provided.

(b)  Application of nonpermanent internal contraceptive devices shall not be deemed a surgical procedure.

(6)  REFUSAL FOR RELIGIOUS OR MEDICAL REASONS.--The provisions of this section shall not be interpreted so as to prevent a physician or other person from refusing to furnish any contraceptive or family planning service, supplies, or information for medical or religious reasons; and the physician or other person shall not be held liable for such refusal.

(7)  RULES.--The Department of Health may adopt rules to implement this section, including rules regarding definitions of terms and requirements for eligibility, informed-consent services, revisits, temporary contraceptive methods, voluntary sterilization, and infertility services.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 72-132; s. 19, ch. 91-297; s. 37, ch. 97-101; s. 9, ch. 99-397; s. 5, ch. 2000-242.

Note.--Former s. 381.382.