Senate Bill sb1690
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Florida Senate - 2002 SB 1690
By Senator Cowin
11-1202-02 See HB
1 A bill to be entitled
2 An act relating to termination of pregnancies;
3 amending s. 390.0112, F.S.; revising
4 requirements for reporting by medical directors
5 and physicians of terminations of pregnancies;
6 providing a penalty; providing for disciplinary
7 action for successive failures to report;
8 amending s. 390.012, F.S.; revising
9 requirements for rules of the Agency for Health
10 Care Administration relating to abortions
11 performed in abortion clinics; providing for
12 rules regarding abortions performed after the
13 first trimester of pregnancy; requiring
14 abortion clinics to develop policies to protect
15 the heath, care, and treatment of patients;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 390.0112, Florida Statutes, is
21 amended to read:
22 390.0112 Termination of pregnancies; reporting.--
23 (1) The director of any medical facility in which any
24 pregnancy is terminated shall submit a monthly report to the
25 agency following each termination, on a form developed by the
26 agency. The report shall contain information regarding each
27 category reported in the Centers for Disease Control and
28 Prevention Surveillance Summary on Abortion which contains the
29 number of procedures performed, the reason for same, and the
30 period of gestation at the time such procedures were performed
31 to the agency. The agency shall be responsible for keeping
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Florida Senate - 2002 SB 1690
11-1202-02 See HB
1 such reports in a central place from which statistical data
2 and analysis can be made.
3 (2) If the termination of pregnancy is not performed
4 in a medical facility, the physician performing the procedure
5 shall be responsible for reporting such information as
6 required in subsection (1).
7 (3) Reports submitted pursuant to this section shall
8 be confidential and exempt from the provisions of s. 119.07(1)
9 and shall not be revealed except upon the order of a court of
10 competent jurisdiction in a civil or criminal proceeding.
11 (4) Any person required under this section to file a
12 report or keep any records who willfully fails to file such
13 report or keep such records may be subject to a $200 fine for
14 each violation. The agency shall be required to impose such
15 fines when reports or records required under this section have
16 not been timely received. For purposes of this section,
17 "timely received" means received within is defined as 30 days
18 following the procedure. Upon successive failures to file, the
19 licensee shall be subject to disciplinary action by the
20 licensing authority preceding month.
21 Section 2. Subsection (1) of section 390.012, Florida
22 Statutes, is amended to read:
23 390.012 Powers of agency; rules; disposal of fetal
24 remains.--
25 (1) The agency shall have the authority to develop and
26 enforce rules for the health, care, and treatment of persons
27 in abortion clinics and for the safe operation of such
28 clinics. For clinics that perform abortions in the first
29 trimester of pregnancy only, the These rules shall be
30 comparable to rules that which apply to all surgical
31 procedures requiring approximately the same degree of skill
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Florida Senate - 2002 SB 1690
11-1202-02 See HB
1 and care as the performance of first trimester abortions. For
2 clinics that perform or claim to perform abortions after the
3 first trimester of pregnancy, the rules shall be comparable to
4 rules that apply to all surgical procedures requiring
5 approximately the same degree of skill and care as the
6 performance of abortions after the first trimester. The rules
7 shall be reasonably related to the preservation of maternal
8 health of the clients. The rules shall be in accordance with
9 s. 797.03 and shall not impose an unconstitutional a legally
10 significant burden on a woman's freedom to decide whether to
11 terminate her pregnancy. The rules shall provide for:
12 (a) The performance of pregnancy termination
13 procedures only by a licensed physician. Abortion clinics
14 shall develop, promulgate, and enforce policies to protect the
15 health, care, and treatment of patients, including policies
16 relating to obtaining the informed consent of the patient and
17 to postoperative care of patients suffering complications from
18 an abortion.
19 (b) The making, protection, and preservation of
20 patient records, which shall be treated as medical records
21 under chapter 458.
22 Section 3. This act shall take effect July 1, 2002.
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Florida Senate - 2002 SB 1690
11-1202-02 See HB
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2 HOUSE SUMMARY
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Revises information required from a physician or a
4 facility medical director reporting terminations of
pregnancies. Requires such reports to be filed after each
5 procedure, rather than monthly. Provides a penalty.
Provides for disciplinary action by the licensing
6 authority for successive failures to report. Specifies
that Agency for Health Care Administration rules relating
7 to abortions performed in abortion clinics must be in
accordance with current statutes that stipulate
8 prohibited acts relating to abortions and must not impose
an unconstitutional burden on the woman's freedom to
9 decide whether to have an abortion. Provides for agency
rules regarding abortions performed after the first
10 trimester of pregnancy. Requires abortion clinics to
develop policies to protect the health, care, and
11 treatment of patients.
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