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



                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Gannon offered the following:

12

13         Amendment to Amendment (121137) (with title amendment) 

14         On page 24, between lines 27 and 28,

15

16  insert:

17         Section 21.  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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    File original & 9 copies    03/12/02
    hmo0011                     09:05 am         00507-0088-751839




                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

    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 this chapter 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. CS/HB 507

    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  immediate 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 religious health care facility licensed under this

11  chapter and any health care practitioner employed by such

12  facility, and licensed pursuant to chapter 458, chapter 459,

13  or chapter 464 may refuse to provide care to a rape survivor

14  because the provisions of this section are inconsistent with

15  the religious beliefs of the facility or the health care

16  practitioner.  This section shall not be construed to deny

17  care to a rape survivor.  For purposes of this section, a

18  religious health care facility is an entity for which each of

19  the following is true:

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

21  of the entity.

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

23  religious tenets of the entity.

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

25  religious tenets of the entity.

26         (d)  The entity is a nonprofit organization as

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

28  Revenue Code of 1986, as amended.

29         (5)  Every health care facility licensed under this

30  chapter and any health care practitioner employed by such

31  facility, and licensed pursuant to chapter 458, chapter 459,

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    File original & 9 copies    03/12/02
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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 507

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





  1  or chapter 464 that refuses to provide care to a rape survivor

  2  under this section shall provide written notice to the victim

  3  that the health care facility or health care practitioner

  4  refuses to provide treatment for religious reasons.

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

  6  care from a sexual assault program or specialized team that

  7  provides rape counseling and treatment services, or if the

  8  rape survivor is pregnant, the licensed facility or

  9  practitioner described in this subsection shall be relieved of

10  the duties specified in paragraphs (a)-(c).

11

12

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

14  And the title is amended as follows:

15         On page 108, line 22, after the semicolon,

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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    File original & 9 copies    03/12/02
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