CODING: Words stricken are deletions; words underlined are additions.

House Bill 1227

Florida House of Representatives - 1997 HB 1227 By Representatives Ball, Burroughs, Arnold, Dockery, Peaden, Brooks, Healey, Westbrook, Bronson, Bainter, Starks, Lacasa, Trovillion, Fasano, Kelly, Sindler, Bitner, Feeney, Putnam, Futch, Wise, Fuller, Harrington, Posey, Littlefield, (Additional Sponsors on Last Printed Page) 1 A bill to be entitled 2 An act relating to termination of pregnancies; 3 amending s. 390.011, F.S.; defining 4 "partial-birth abortion"; amending s. 390.001, 5 F.S.; prohibiting partial-birth abortion; 6 providing a penalty; providing civil liability; 7 providing for relief; providing an effective 8 date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Present subsections (5) and (6) of section 13 390.011, Florida Statutes, are renumbered as subsections (6) 14 and (7), respectively, and a new subsection (5) is added to 15 said section, to read: 16 (5) "Partial-birth abortion" means a termination of 17 pregnancy in which the physician performing the termination of 18 pregnancy partially vaginally delivers a living fetus before 19 killing the fetus and completing the delivery. 20 Section 2. Section 390.001, Florida Statutes, is 21 amended to read: 22 390.001 Termination of pregnancies.-- 23 (1) DEFINITIONS.--As used in this section, unless the 24 context clearly requires otherwise: 25 (a) "Physician" means a doctor of medicine or 26 osteopathic medicine licensed by the state under chapter 458 27 or chapter 459 or a physician practicing medicine or 28 osteopathic medicine in the employment of the United States or 29 this state. 30 (b) "Approved facility" means: 31 1. A hospital licensed by the state; or 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1227 561-131A-97 1 2. A medical facility licensed by the Agency for 2 Health Care Administration Department of Health and 3 Rehabilitative Services pursuant to rules adopted for that 4 purpose, provided such rules shall require regular evaluation 5 and review procedures. 6 (c) "Partial-birth abortion" means a termination of 7 pregnancy in which the physician performing the termination of 8 pregnancy partially vaginally delivers a living fetus before 9 killing the fetus and completing the delivery. 10 (2) TERMINATION IN LAST TRIMESTER; WHEN ALLOWED.--No 11 termination of pregnancy shall be performed on any human being 12 in the last trimester of pregnancy unless: 13 (a) Two physicians certify in writing to the fact 14 that, to a reasonable degree of medical probability, the 15 termination of pregnancy is necessary to save the life or 16 preserve the health of the pregnant woman; or 17 (b) The physician certifies in writing to the medical 18 necessity for legitimate emergency medical procedures for 19 termination of pregnancy in the last trimester, and another 20 physician is not available for consultation. 21 (3) PERFORMANCE BY PHYSICIAN REQUIRED.--No termination 22 of pregnancy shall be performed at any time except by a 23 physician as defined in this section. 24 (4) CONSENTS REQUIRED.--Prior to terminating a 25 pregnancy, the physician shall obtain the written informed 26 consent of the pregnant woman or, in the case of a mental 27 incompetent, the written consent of her court-appointed 28 guardian. 29 (a) If the woman is married, the husband shall be 30 given notice of the proposed termination of pregnancy and an 31 opportunity to consult with the wife concerning the procedure. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1227 561-131A-97 1 The physician may rely on a written statement of the wife that 2 such notice and opportunity have been given, or he or she may 3 rely on the written consent of the husband to the proposed 4 termination of pregnancy. If the husband and wife are 5 separated or estranged, the provisions of this paragraph for 6 notice or consent shall not be required. The physician may 7 rely upon a written statement from the wife that the husband 8 is voluntarily living apart or estranged from her. 9 (b) In the event a medical emergency exists and the 10 above requirements have not been complied with, a physician 11 may terminate a pregnancy if he or she has obtained at least 12 one corroborative medical opinion attesting to the medical 13 necessity for emergency medical procedures and to the fact 14 that to a reasonable degree of medical certainty the 15 continuation of the pregnancy would threaten the life of the 16 pregnant woman. 17 (5) STANDARD OF MEDICAL CARE TO BE USED DURING 18 VIABILITY.--If a termination of pregnancy is performed during 19 viability, no person who performs or induces the termination 20 of pregnancy shall fail to use that degree of professional 21 skill, care, and diligence to preserve the life and health of 22 the fetus which such person would be required to exercise in 23 order to preserve the life and health of any fetus intended to 24 be born and not aborted. "Viability" means that stage of fetal 25 development when the life of the unborn child may with a 26 reasonable degree of medical probability be continued 27 indefinitely outside the womb. Notwithstanding the provisions 28 of this subsection, the woman's life and health shall 29 constitute an overriding and superior consideration to the 30 concern for the life and health of the fetus when such 31 concerns are in conflict. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1227 561-131A-97 1 (6) PARTIAL-BIRTH ABORTION PROHIBITED; EXCEPTION.-- 2 (a) No physician shall knowingly perform a 3 partial-birth abortion as defined in this section. 4 (b) A woman upon whom a partial-birth abortion is 5 performed may not be prosecuted under this section for a 6 conspiracy to violate the provisions of this section. 7 (c) This subsection shall not apply to a partial-birth 8 abortion that is necessary to save the life of a mother whose 9 life is endangered by a physical disorder, illness, or injury, 10 provided that no other medical procedure would suffice for 11 that purpose. 12 (7)(6) EXPERIMENTATION ON FETUS PROHIBITED; 13 EXCEPTION.--No person shall use any live fetus or live, 14 premature infant for any type of scientific, research, 15 laboratory, or other kind of experimentation either prior to 16 or subsequent to any termination of pregnancy procedure except 17 as necessary to protect or preserve the life and health of 18 such fetus or premature infant. 19 (8)(7) FETAL REMAINS.--Fetal remains shall be disposed 20 of in a sanitary and appropriate manner and in accordance with 21 standard health practices, as provided by rule of the 22 Department of Health Department of Health and Rehabilitative 23 Services. Failure to dispose of fetal remains in accordance 24 with department rules is a misdemeanor of the second degree, 25 punishable as provided in s. 775.082 or s. 775.083. 26 (9)(8) REFUSAL TO PARTICIPATE IN TERMINATION 27 PROCEDURE.--Nothing in this section shall require any hospital 28 or any person to participate in the termination of a 29 pregnancy, nor shall any hospital or any person be liable for 30 such refusal. No person who is a member of, or associated 31 with, the staff of a hospital, nor any employee of a hospital 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1227 561-131A-97 1 or physician in which or by whom the termination of a 2 pregnancy has been authorized or performed, who shall state an 3 objection to such procedure on moral or religious grounds 4 shall be required to participate in the procedure which will 5 result in the termination of pregnancy. The refusal of any 6 such person or employee to participate shall not form the 7 basis for any disciplinary or other recriminatory action 8 against such person. 9 (10)(9) EXCEPTION.--The provisions of this section 10 shall not apply to the performance of a procedure which 11 terminates a pregnancy in order to deliver a live child. 12 (11)(10) PENALTIES FOR VIOLATION.-- 13 (a) Any person who willfully performs, or participates 14 in, a termination of a pregnancy in violation of the 15 requirements of this section is guilty of a felony of the 16 third degree, punishable as provided in s. 775.082, s. 17 775.083, or s. 775.084. 18 (b) Any person who performs, or participates in, a 19 termination of a pregnancy in violation of the provisions of 20 this section which results in the death of the woman is guilty 21 of a felony of the second degree, punishable as provided in s. 22 775.082, s. 775.083, or s. 775.084. 23 (12) CIVIL ACTION PURSUANT TO PARTIAL-BIRTH ABORTION; 24 RELIEF.-- 25 (a) The father, if married to the mother at the time 26 she receives a partial-birth abortion, and, if the mother has 27 not attained the age of 18 years at the time she receives a 28 partial-birth abortion, the maternal grandparents of the fetus 29 may, in a civil action, obtain appropriate relief, unless the 30 pregnancy resulted from the plantiff's criminal conduct or the 31 plantiff consented to the abortion. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1227 561-131A-97 1 (b) In a civil action under this section, appropriate 2 relief includes: 3 1. Monetary damages for all injuries, psychological 4 and physical, occasioned by the violation of subsection (6). 5 2. Damages equal to three times the cost of the 6 partial-birth abortion. 7 Section 3. This act shall take effect upon becoming a 8 law. 9 10 ***************************************** 11 HOUSE SUMMARY 12 Prohibits "partial-birth abortion" and defines 13 "partial-birth abortion" for purposes of the act. Provides a third degree felony penalty for any physician 14 who knowingly performs a partial-birth abortion. Provides that a woman upon whom a partial-birth abortion is 15 performed may not be prosecuted for a conspiracy to violate the act. 16 17 Provides that the act shall not apply to a partial-birth abortion that is necessary to save the life of a mother 18 whose life is endangered by a physical disorder, illness, or injury, provided that no other medical procedure would 19 suffice for that purpose. 20 Specifies parties who may recover damages in a civil 21 action pursuant to a partial-birth abortion procedure and specifies appropriate relief. 22 23 24 ***************************************** 25 ADDITIONAL SPONSORS 26 Thrasher, Wallace, Flanagan, Rodriguez-Chomat, Melvin, Smith, 27 Maygarden, Culp, Byrd, Constantine, Andrews, Valdes, K. Pruitt, Barreiro, Arnall, Morroni, Casey, Bullard, Crady, 28 Ogles, Villalobos, Sanderson, Mackey and Saunders 29 30 31 6