CODING: Words stricken are deletions; words underlined are additions.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.
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19 Be It Enacted by the Legislature of the State of Florida:
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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:
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Florida House of Representatives - 1997 HB 1205
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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.
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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.
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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.
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2 ADDITIONAL SPONSORS
3 Constantine, Fuller, Feeney, Livingston, Goode,
Rodriguez-Chomat, Thrasher, Harrington, Sanderson, Putnam,
4 Arnall, Andrews and Minton
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