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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Gannon offered the following:

12

13         Amendment (with title amendment) 

14         On page 37, line 1,

15

16  insert:

17         Section 14.  Section 381.0435, Florida Statutes, is

18  created to read:

19         381.0435  Treatment for survivors of rape.--

20         (1)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

21  finds that the victimization of women through rape is

22  compounded by the possibility that the rape survivor may

23  suffer an unwanted pregnancy by the rapist. The Legislature

24  further finds that access to pregnancy prevention prophylaxis

25  and timely counseling are simple, basic measures that can

26  prevent this additional victimization. The federal Food and

27  Drug Administration has approved the use of pregnancy

28  prevention prophylaxis as safe and effective in the prevention

29  of pregnancy. Further, medical research strongly indicates

30  that the sooner pregnancy prevention prophylaxis is

31  administered, the better the chance of preventing unintended

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  pregnancy. Therefore, the Legislature deems it essential that

  2  rape survivors be informed of pregnancy prophylaxis and have

  3  access to pregnancy prophylaxis as a treatment option.

  4         (2)  DEFINITIONS.--As used in this section, the

  5  following words have the meanings indicated:

  6         (a)  "Care to a rape survivor" means medical

  7  examinations, procedures, and services provided to a rape

  8  survivor.

  9         (b)  "Incest" means a sexual offense described in s.

10  826.04.

11         (c)  "Pregnancy prevention prophylaxis" means any drug

12  or device approved by the federal Food and Drug Administration

13  that prevents pregnancy after sexual intercourse.

14         (d)  "Rape" means sexual battery as described in ss.

15  794.011 and 827.071.

16         (e)  "Rape survivor" means a person who alleges or is

17  alleged to have been raped or is the victim of alleged incest

18  and because of the alleged offense seeks treatment as a

19  patient.

20         (3)  DUTIES OF LICENSED FACILITIES AND

21  PRACTITIONERS.--Beginning October 1, 2002, a health care

22  facility licensed under chapter 395 and any health care

23  practitioner licensed pursuant to chapter 458, chapter 459, or

24  chapter 464, that provides care to a rape survivor, shall:

25         (a)  Provide each rape survivor with medically and

26  factually accurate, clear, concise information about pregnancy

27  prevention prophylaxis.

28         (b)  Inform each rape survivor of such person's medical

29  option to receive pregnancy prevention prophylaxis.

30         (c)  If pregnancy prevention prophylaxis is requested:

31         1.  Immediately prescribe or provide the rape survivor

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  with pregnancy prevention prophylaxis, if it is determined by

  2  the physician to be medically appropriate; or

  3         2.  Inform the rape survivor of a health care facility

  4  or health care practitioner that will prescribe or provide

  5  access to pregnancy prevention prophylaxis, if it is

  6  determined by the physician to be medically appropriate for

  7  the rape survivor. Such provision of information shall be

  8  documented in the patient's medical record.

  9         (4)  Notwithstanding any other provision of this

10  section, a health care facility licensed under chapter 395 and

11  any health care practitioner licensed pursuant to chapter 458,

12  chapter 459, or chapter 464 may refuse to provide care to a

13  rape survivor because the provisions of this section are

14  inconsistent with the religious beliefs of the facility or the

15  health care practitioner.  This section shall not be construed

16  to deny care to a rape survivor.  For purposes of this

17  section, a health care facility is an entity for which each of

18  the following is true:

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

20  of the entity.

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

22  religious tenets of the entity.

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

24  religious tenets of the entity.

25         (d)  The entity is a nonprofit organization as

26  described in Section 6033 (a) (2) i or iii, of the Internal

27  Revenue Code of 1986, as amended.

28         (5)  Every health care facility licensed under chapter

29  395 and any health care practitioner licensed pursuant to

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

31  provide care to a rape survivor under this section shall

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2007

    Amendment No. ___ (for drafter's use only)





  1  provide written notice to the victim that the health care

  2  facility or health care practitioner refuses to provide

  3  treatment for religious reasons.

  4  However, if the rape survivor is transferred to or receives

  5  care from a sexual assault program or specialized team that

  6  provides rape counseling and treatment services, or if the

  7  rape survivor is pregnant, the licensed facility or

  8  practitioner described in this subsection shall be relieved of

  9  the duties specified in this section.

10

11

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

13  And the title is amended as follows:

14         On page 4, line 17, after the semicolon, of the

15  amendment,

16

17  insert:

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

19         legislative intent; providing definitions;

20         providing requirements for treatment for

21         survivors of rape; providing for counseling and

22         for information about pregnancy prevention

23         prophylaxis; providing for immediate access to

24         medically appropriate pregnancy prevention

25         prophylaxis, if requested;providing for refusal

26         to provide care; providing applicability;

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28

29

30

31

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