CODING: Words stricken are deletions; words underlined are additions.House Bill 1227er
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1997 Legislature CS/HB 1227, First Engrossed
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2 An act relating to termination of pregnancies;
3 renumbering and amending s. 390.001, F.S.;
4 revising provisions relating to consents
5 required prior to a termination of pregnancy;
6 prohibiting partial-birth abortion; providing a
7 penalty; providing civil liability; providing
8 for relief; renumbering s. 390.002, F.S.;
9 amending s. 390.011, F.S.; expanding scope of
10 definitions; defining "partial-birth abortion";
11 providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 390.001, Florida Statutes, is
16 renumbered as section 390.0111, Florida Statutes, and amended
17 to read:
18 390.0111 390.001 Termination of pregnancies.--
19 (1) DEFINITIONS.--As used in this section, unless the
20 context clearly requires otherwise:
21 (a) "Physician" means a doctor of medicine or
22 osteopathic medicine licensed by the state under chapter 458
23 or chapter 459 or a physician practicing medicine or
24 osteopathic medicine in the employment of the United States or
25 this state.
26 (b) "Approved facility" means:
27 1. A hospital licensed by the state; or
28 2. A medical facility licensed by the Department of
29 Health and Rehabilitative Services pursuant to rules adopted
30 for that purpose, provided such rules shall require regular
31 evaluation and review procedures.
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1 (1)(2) TERMINATION IN THIRD LAST TRIMESTER; WHEN
2 ALLOWED.--No termination of pregnancy shall be performed on
3 any human being in the third last trimester of pregnancy
4 unless:
5 (a) Two physicians certify in writing to the fact
6 that, to a reasonable degree of medical probability, the
7 termination of pregnancy is necessary to save the life or
8 preserve the health of the pregnant woman; or
9 (b) The physician certifies in writing to the medical
10 necessity for legitimate emergency medical procedures for
11 termination of pregnancy in the third last trimester, and
12 another physician is not available for consultation.
13 (2)(3) PERFORMANCE BY PHYSICIAN REQUIRED.--No
14 termination of pregnancy shall be performed at any time except
15 by a physician as defined in s. 390.011 this section.
16 (3)(4) CONSENTS REQUIRED.--Prior to terminating a
17 pregnancy, the physician shall obtain the written informed
18 consent of the pregnant woman or, in the case of a mental
19 incompetent, the written consent of her court-appointed
20 guardian.
21 (a) If the woman is married, the husband shall be
22 given notice of the proposed termination of pregnancy and an
23 opportunity to consult with the wife concerning the procedure.
24 The physician may rely on a written statement of the wife that
25 such notice and opportunity have been given, or he or she may
26 rely on the written consent of the husband to the proposed
27 termination of pregnancy. If the husband and wife are
28 separated or estranged, the provisions of this paragraph for
29 notice or consent shall not be required. The physician may
30 rely upon a written statement from the wife that the husband
31 is voluntarily living apart or estranged from her.
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1 (b) In the event a medical emergency exists and the
2 above requirements have not been complied with, a physician
3 may terminate a pregnancy if he or she has obtained at least
4 one corroborative medical opinion attesting to the medical
5 necessity for emergency medical procedures and to the fact
6 that to a reasonable degree of medical certainty the
7 continuation of the pregnancy would threaten the life of the
8 pregnant woman.
9 (4)(5) STANDARD OF MEDICAL CARE TO BE USED DURING
10 VIABILITY.--If a termination of pregnancy is performed during
11 viability, no person who performs or induces the termination
12 of pregnancy shall fail to use that degree of professional
13 skill, care, and diligence to preserve the life and health of
14 the fetus which such person would be required to exercise in
15 order to preserve the life and health of any fetus intended to
16 be born and not aborted. "Viability" means that stage of fetal
17 development when the life of the unborn child may with a
18 reasonable degree of medical probability be continued
19 indefinitely outside the womb. Notwithstanding the provisions
20 of this subsection, the woman's life and health shall
21 constitute an overriding and superior consideration to the
22 concern for the life and health of the fetus when such
23 concerns are in conflict.
24 (5) PARTIAL-BIRTH ABORTION PROHIBITED; EXCEPTION.--
25 (a) No physician shall knowingly perform a
26 partial-birth abortion.
27 (b) A woman upon whom a partial-birth abortion is
28 performed may not be prosecuted under this section for a
29 conspiracy to violate the provisions of this section.
30 (c) This subsection shall not apply to a partial-birth
31 abortion that is necessary to save the life of a mother whose
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1 life is endangered by a physical disorder, illness, or injury,
2 provided that no other medical procedure would suffice for
3 that purpose.
4 (6) EXPERIMENTATION ON FETUS PROHIBITED;
5 EXCEPTION.--No person shall use any live fetus or live,
6 premature infant for any type of scientific, research,
7 laboratory, or other kind of experimentation either prior to
8 or subsequent to any termination of pregnancy procedure except
9 as necessary to protect or preserve the life and health of
10 such fetus or premature infant.
11 (7) FETAL REMAINS.--Fetal remains shall be disposed of
12 in a sanitary and appropriate manner and in accordance with
13 standard health practices, as provided by rule of the
14 Department of Health and Rehabilitative Services. Failure to
15 dispose of fetal remains in accordance with department rules
16 is a misdemeanor of the second degree, punishable as provided
17 in s. 775.082 or s. 775.083.
18 (8) REFUSAL TO PARTICIPATE IN TERMINATION
19 PROCEDURE.--Nothing in this section shall require any hospital
20 or any person to participate in the termination of a
21 pregnancy, nor shall any hospital or any person be liable for
22 such refusal. No person who is a member of, or associated
23 with, the staff of a hospital, nor any employee of a hospital
24 or physician in which or by whom the termination of a
25 pregnancy has been authorized or performed, who shall state an
26 objection to such procedure on moral or religious grounds
27 shall be required to participate in the procedure which will
28 result in the termination of pregnancy. The refusal of any
29 such person or employee to participate shall not form the
30 basis for any disciplinary or other recriminatory action
31 against such person.
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1 (9) EXCEPTION.--The provisions of this section shall
2 not apply to the performance of a procedure which terminates a
3 pregnancy in order to deliver a live child.
4 (10) PENALTIES FOR VIOLATION.--Except as provided in
5 subsection (7):
6 (a) Any person who willfully performs, or actively
7 participates in, a termination of a pregnancy procedure in
8 violation of the requirements of this section commits is
9 guilty of a felony of the third degree, punishable as provided
10 in s. 775.082, s. 775.083, or s. 775.084.
11 (b) Any person who performs, or actively participates
12 in, a termination of a pregnancy procedure in violation of the
13 provisions of this section which results in the death of the
14 woman commits is guilty of a felony of the second degree,
15 punishable as provided in s. 775.082, s. 775.083, or s.
16 775.084.
17 (11) CIVIL ACTION PURSUANT TO PARTIAL-BIRTH ABORTION;
18 RELIEF.--
19 (a) The father, if married to the mother at the time
20 she receives a partial-birth abortion, and, if the mother has
21 not attained the age of 18 years at the time she receives a
22 partial-birth abortion, the maternal grandparents of the fetus
23 may, in a civil action, obtain appropriate relief, unless the
24 pregnancy resulted from the plaintiff's criminal conduct or
25 the plaintiff consented to the abortion.
26 (b) In a civil action under this section, appropriate
27 relief includes:
28 1. Monetary damages for all injuries, psychological
29 and physical, occasioned by the violation of subsection (5).
30 2. Damages equal to three times the cost of the
31 partial-birth abortion.
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1 Section 2. Section 390.002, Florida Statutes, 1996
2 Supplement, is renumbered as section 390.0112, Florida
3 Statutes.
4 Section 3. Section 390.011, Florida Statutes, is
5 amended to read:
6 390.011 Definitions.--As used in this chapter act:
7 (1) "Abortion" means the termination of human
8 pregnancy with an intention other than to produce a live birth
9 or to remove a dead fetus.
10 (2) "Abortion clinic" or "clinic" means any facility
11 in which abortions are performed other than a hospital or a
12 physician's office which is not used primarily for the
13 performance of abortions.
14 (3) "Department" means the Department of Health and
15 Rehabilitative Services.
16 (4) "Hospital" means a facility licensed under chapter
17 395.
18 (5) "Partial-birth abortion" means a termination of
19 pregnancy in which the physician performing the termination of
20 pregnancy partially vaginally delivers a living fetus before
21 killing the fetus and completing the delivery.
22 (6)(5) "Physician" means a physician licensed under
23 chapter 458 or chapter 459 or a physician practicing medicine
24 or osteopathy in the employment of the United States or this
25 state.
26 (7)(6) "Third trimester" means the weeks of pregnancy
27 after the 24th week of pregnancy.
28 Section 4. This act shall take effect upon becoming a
29 law.
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