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House Bill 1205

Florida House of Representatives - 1997 HB 1205 By Representatives Brooks, Burroughs, Littlefield, Wise, Starks, Bronson, Posey, Peaden, Maygarden, Fasano, Byrd, Sindler, Melvin, Trovillion, Wallace, Bainter, Ball, Kelly, Lacasa, Diaz de la Portilla, Flanagan, Smith, Mackey, (Additional Sponsors on Last Printed Page) 1 A bill to be entitled 2 An act relating to informed consent; creating 3 s. 390.003, F.S.; creating the "Woman's 4 Right-To-Know Act"; requiring the voluntary and 5 informed consent of a woman upon whom a 6 termination of pregnancy is to be performed or 7 induced; providing requirements of informed 8 consent; providing that a physician who is to 9 perform the procedure, or the physician's 10 designee, provide certain information; 11 requiring written certification that the 12 pregnant woman has been provided with certain 13 information; providing requirements relating to 14 an emergency procedure; providing penalties; 15 limiting the civil liability of a physician who 16 complies with this section; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 390.003, Florida Statutes, is 22 created to read: 23 390.003 Termination of pregnancies; informed consent; 24 waiting period.-- 25 (1) This section may be cited as the "Woman's 26 Right-To-Know Act." 27 (2) A termination of pregnancy may not be performed or 28 induced except with the voluntary and informed consent of the 29 woman upon whom the procedure is to be performed or induced. 30 Except in the case of a medical emergency, consent to a 31 termination of pregnancy is voluntary and informed only if: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1205 562-107E-97 1 (a) The physician who is to perform the procedure, or 2 the referring physician, has orally, in person, informed the 3 woman of: 4 1. The nature of the proposed procedure or treatment 5 and of those risks and alternatives to the procedure or 6 treatment that a reasonable patient would consider material to 7 the decision of whether to undergo the termination of 8 pregnancy. 9 2. The probable gestation age of the unborn child at 10 the time the termination of pregnancy is to be performed. 11 3. The medical risks associated with carrying her 12 child to term. 13 (b) A copy of the following printed materials has been 14 provided to the pregnant woman, if she chooses to view these 15 materials: 16 1. A description of the unborn child. 17 2. A list of agencies that offer alternatives to 18 ternminating a pregnancy. 19 3. Detailed information on the availability of medical 20 assistance benefits for prenatal care, childbirth, and 21 neonatal care. 22 (c) The pregnant woman certifies in writing, before 23 the termination of pregnancy, that the information required to 24 be provided under paragraphs (a) and (b) has been provided. 25 (3) If a medical emergency compels the performance of 26 a termination of pregnancy, the physician must inform the 27 woman, before the procedure, if possible, of the medical 28 indications supporting his judgment that the procedure is 29 necessary to avert her death or to avert substantial and 30 irreversible impairment of a major bodily function. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1205 562-107E-97 1 (4) Any physician who violates this section is guilty 2 of unprofessional conduct, and his license for the practice of 3 medicine and surgery is subject to suspension or revocation. 4 Any physician who performs or induces a termination of 5 pregnancy without first obtaining the certification required 6 by paragraph (2)(c) or with knowledge or reason to know that 7 the informed consent of the woman has not been obtained is, 8 for the first offense, guilty of a summary offense and, for 9 each subsequent offense, is guilty of a misdemeanor of the 10 second degree, punishable as provided in s. 775.082 or s. 11 775.083. A physician is not in violation of this section for 12 failure to furnish the information required by paragraph 13 (2)(a) if the physician can demonstrate, by a preponderance of 14 the evidence, that the physician reasonably believed that 15 furnishing the information would have a severely adverse 16 effect on the physical or mental health of the patient. 17 (5) A physician who complies with this section is not 18 civilly liable to his patient for failure to obtain informed 19 consent to the termination of pregnancy. 20 Section 2. This act shall take effect July 1, 1997. 21 22 ***************************************** 23 LEGISLATIVE SUMMARY 24 Creates the "Woman's Right-To-Know Act." Provides that a woman must give her voluntary and informed consent, as 25 defined in this act, to having an abortion performed or induced. Requires the physician who is to perform the 26 procedure, or the physician's designee, to provide certain information to the pregnant woman. Requires 27 written certification that she has received the information. Provides requirements relating to an 28 emergency abortion. Provides penalties for violating this act. Limits a physician's civil liability to the 29 physician's patient for a failure to obtain informed consent if the physician has complied with this act. 30 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1205 562-107E-97 1 ***************************************** 2 ADDITIONAL SPONSORS 3 Constantine, Fuller, Feeney, Livingston, Goode, Rodriguez-Chomat, Thrasher, Harrington, Sanderson, Putnam, 4 Arnall, Andrews and Minton 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4