CODING: Words stricken are deletions; words underlined are additions.
c2572766
Senate
s1200-98
s1286
2002
SA
683928
Senator Campbell moved the following substitute for amendment to
amendment (683928):
On page 79, between lines 14 and 15,
On page 85, line 26, after the semicolon,
SENATE AMENDMENT
Bill No. CS for CS for SB's 1286, 1134 & 1008
Amendment No. ___ Barcode 572766
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following substitute for amendment
12 to amendment (683928):
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14 Senate Amendment (with title amendment)
15 On page 79, between lines 14 and 15,
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17 insert:
18 Section 27. Section 381.0435, Florida Statutes, is
19 created to read:
20 381.0435 Treatment for survivors of rape.--
21 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
22 finds that the victimization of women through rape is
23 compounded by the possibility that the rape survivor may
24 suffer an unwanted pregnancy by the rapist. The Legislature
25 further finds that access to pregnancy prevention prophylaxis
26 and timely counseling are simple, basic measures that can
27 prevent this additional victimization. The federal Food and
28 Drug Administration has approved the use of pregnancy
29 prevention prophylaxis as safe and effective in the prevention
30 of pregnancy. Further, medical research strongly indicates
31 that the sooner pregnancy prevention prophylaxis is
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7:17 PM 03/20/02 s1286c2c-3322g
SENATE AMENDMENT
Bill No. CS for CS for SB's 1286, 1134 & 1008
Amendment No. ___ Barcode 572766
1 administered, the better the chance of preventing unintended
2 pregnancy. Therefore, the Legislature deems it essential that
3 rape survivors be informed of pregnancy prevention prophylaxis
4 and have access to pregnancy prevention prophylaxis as a
5 treatment option.
6 (2) DEFINITIONS.--As used in this section, the
7 following words have the meanings indicated:
8 (a) "Care to a rape survivor" means medical
9 examinations, procedures, and services provided to a rape
10 survivor.
11 (b) "Incest" means a sexual offense described in s.
12 826.04.
13 (c) "Pregnancy prevention prophylaxis" means any drug
14 or device approved by the federal Food and Drug Administration
15 that prevents pregnancy after sexual intercourse.
16 (d) "Rape" means sexual battery as described in ss.
17 794.011 and 827.071.
18 (e) "Rape survivor" means a person who alleges or is
19 alleged to have been raped or is the victim of alleged incest
20 and because of the alleged offense seeks treatment as a
21 patient.
22 (3) DUTIES OF LICENSED FACILITIES AND
23 PRACTITIONERS.--Beginning October 1, 2002, a health care
24 facility licensed under chapter 395 and any health care
25 practitioner licensed pursuant to chapter 458, chapter 459, or
26 chapter 464, that provides care to a rape survivor, shall:
27 (a) Provide each rape survivor with medically and
28 factually accurate, clear, concise information about pregnancy
29 prevention prophylaxis.
30 (b) Inform each rape survivor of such person's medical
31 option to receive pregnancy prevention prophylaxis.
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7:17 PM 03/20/02 s1286c2c-3322g
SENATE AMENDMENT
Bill No. CS for CS for SB's 1286, 1134 & 1008
Amendment No. ___ Barcode 572766
1 (c) If pregnancy prevention prophylaxis is requested:
2 1. Immediately prescribe or provide the rape survivor
3 with pregnancy prevention prophylaxis, if it is determined by
4 the physician to be medically appropriate; or
5 2. Inform the rape survivor of a health care facility
6 or health care practitioner that will prescribe or provide
7 access to pregnancy prevention prophylaxis, if it is
8 determined by the physician to be medically appropriate for
9 the rape survivor. Such provision of information shall be
10 documented in the patient's medical record.
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12 However, if the rape survivor is transferred to or receives
13 care from a sexual assault program or specialized team that
14 provides rape counseling and treatment services, or if the
15 rape survivor is pregnant, the licensed facility or
16 practitioner described in this subsection shall be relieved of
17 the duties specified in this section.
18 (4) EXEMPTION.--Nothing in this section requires a
19 licensed facility or healthcare practitioner who has complied
20 with s. 381.0047(1) or (3)(a)-(b) to offer treatments or make
21 referrals when such action violates institutional or
22 individual ethical, moral, or religious beliefs or principles.
23 Refusal on such grounds does not form the basis for any
24 disciplinary or recriminatory action against such facility or
25 person.
26 (5) Every health care facility licensed under chapter
27 395 and any health care practitioner licensed pursuant to
28 chapter 458, chapter 459, or chapter 464 that refuses to
29 provide care to a rape survivor under this section shall
30 provide written notice to the victim that the health care
31 facility or health care practitioner refuses to provide
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7:17 PM 03/20/02 s1286c2c-3322g
SENATE AMENDMENT
Bill No. CS for CS for SB's 1286, 1134 & 1008
Amendment No. ___ Barcode 572766
1 treatment for religious reasons.
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5 And the title is amended as follows:
6 On page 85, line 26, after the semicolon,
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8 insert:
9 creating s. 381.0435, F.S.; providing
10 legislative intent; providing definitions;
11 providing requirements for treatment for
12 survivors of rape; providing for counseling and
13 for information about pregnancy prevention
14 prophylaxis; providing for immediate access to
15 medically appropriate pregnancy prevention
16 prophylaxis, if requested; providing
17 applicability; providing for refusal to provide
18 care;
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