CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Gannon offered the following:
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13 Amendment (with title amendment)
14 On page 12, between lines 16 and 17,
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16 insert:
17 Section 2. 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 03/18/02
hbd0002 02:50 pm 00913-0088-404203
HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pregnancy. Therefore, the Legislature deems it essential that
2 rape survivors be informed of pregnancy prevention prophylaxis
3 and have access to pregnancy prevention prophylaxis as a
4 treatment option.
5 (2) DEFINITIONS.--As used in this section, the
6 following words have the meanings indicated:
7 (a) "Care to a rape survivor" means medical
8 examinations, procedures, and services provided to a rape
9 survivor.
10 (b) "Incest" means a sexual offense described in s.
11 826.04.
12 (c) "Pregnancy prevention prophylaxis" means any drug
13 or device approved by the federal Food and Drug Administration
14 that prevents pregnancy after sexual intercourse.
15 (d) "Rape" means sexual battery as described in ss.
16 794.011 and 827.071.
17 (e) "Rape survivor" means a person who alleges or is
18 alleged to have been raped or is the victim of alleged incest
19 and because of the alleged offense seeks treatment as a
20 patient.
21 (3) DUTIES OF LICENSED FACILITIES AND
22 PRACTITIONERS.--Beginning October 1, 2002, a health care
23 facility licensed under chapter 395 and any health care
24 practitioner licensed pursuant to chapter 458, chapter 459, or
25 chapter 464, that provides care to a rape survivor, shall:
26 (a) Provide each rape survivor with medically and
27 factually accurate, clear, concise information about pregnancy
28 prevention prophylaxis.
29 (b) Inform each rape survivor of such person's medical
30 option to receive pregnancy prevention prophylaxis.
31 (c) If pregnancy prevention prophylaxis is requested:
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File original & 9 copies 03/18/02
hbd0002 02:50 pm 00913-0088-404203
HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. Immediately prescribe or provide the rape survivor
2 with pregnancy prevention prophylaxis, if it is determined by
3 the physician to be medically appropriate; or
4 2. Inform the rape survivor of a health care facility
5 or health care practitioner that will prescribe or provide
6 access to pregnancy prevention prophylaxis, if it is
7 determined by the physician to be medically appropriate for
8 the rape survivor. Such provision of information shall be
9 documented in the patient's medical record.
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11 However, if the rape survivor is transferred to or receives
12 care from a sexual assault program or specialized team that
13 provides rape counseling and treatment services, or if the
14 rape survivor is pregnant, the licensed facility or
15 practitioner described in this subsection shall be relieved of
16 the duties specified in this section.
17 (4) Notwithstanding any other provision of this
18 section, a health care facility licensed under chapter 395 may
19 refuse to provide care to a rape survivor because the
20 provisions of this section are inconsistent with the religious
21 beliefs of the facility or the health care practitioner. This
22 section shall not be construed to deny care to a rape
23 survivor. For purposes of this section, a health care
24 facility is an entity for which each of the following is true:
25 (a) The inculcation of religious values is the purpose
26 of the entity.
27 (b) The entity primarily employs persons who share the
28 religious tenets of the entity.
29 (c) The entity serves primarily persons who share the
30 religious tenets of the entity.
31 (d) The entity is a nonprofit organization as
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File original & 9 copies 03/18/02
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HOUSE AMENDMENT
hbd-08 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 described in s. 6033(a)(2) i or iii of the Internal Revenue
2 Code of 1986, as amended.
3 (5) Every health care facility licensed under chapter
4 395 and any health care practitioner licensed pursuant to
5 chapter 458, chapter 459, or chapter 464 that refuses to
6 provide care to a rape survivor under this section shall
7 provide written notice to the victim that the health care
8 facility or health care practitioner refuses to provide
9 treatment for religious reasons.
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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 1, line 22, after the semicolon,
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16 insert:
17 creating s. 381.0435, F.S.; providing
18 legislative intent; providing definitions;
19 providing requirements for treatment for
20 survivors of rape; providing for counseling and
21 for information about pregnancy prevention
22 prophylaxis; providing for immediate access to
23 medically appropriate pregnancy prevention
24 prophylaxis, if requested; providing
25 applicability; providing for refusal to provide
26 care;
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File original & 9 copies 03/18/02
hbd0002 02:50 pm 00913-0088-404203