CODING: Words stricken are deletions; words underlined are additions.
c2683928
Senate
s1200-98
s1286
2002
AA
792028
Senator Wasserman Schultz moved the following amendment to
amendment (792028):
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 683928

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  Senator Wasserman Schultz moved the following amendment to

12  amendment (792028):

13

14         Senate Amendment (with title amendment) 

15         On page 79, between lines 14 and 15,

16

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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 683928





  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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 683928





  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.

11

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)  Notwithstanding any other provision of this

19  section, a health care facility licensed under chapter 395 may

20  refuse to provide care to a rape survivor because the

21  provisions of this section are inconsistent with the religious

22  beliefs of the facility or the health care practitioner, if

23  the facility is one for which each of the following is true:

24         (a)  The inculcation of religious values is the purpose

25  of the entity.

26         (b)  The entity primarily employs persons who share the

27  religious tenets of the entity.

28         (c)  The entity serves primarily persons who share the

29  religious tenets of the entity.

30         (d)  The entity is a nonprofit organization as

31  described in s. 6033(a)(2) i or iii of the Internal Revenue

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 683928





  1  Code of 1986, as amended.

  2

  3  This subsection may not be construed to deny care to a rape

  4  survivor.

  5         (5)  Every health care facility licensed under chapter

  6  395 and any health care practitioner licensed pursuant to

  7  chapter 458, chapter 459, or chapter 464 that refuses to

  8  provide care to a rape survivor under this section shall

  9  provide written notice to the victim that the health care

10  facility or health care practitioner refuses to provide

11  treatment for religious reasons.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 85, line 26, after the semicolon,

17

18  insert:

19         creating s. 381.0435, F.S.; providing

20         legislative intent; providing definitions;

21         providing requirements for treatment for

22         survivors of rape; providing for counseling and

23         for information about pregnancy prevention

24         prophylaxis; providing for immediate access to

25         medically appropriate pregnancy prevention

26         prophylaxis, if requested; providing

27         applicability; providing for refusal to provide

28         care;

29

30

31

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