Senate Bill sb0212

    Florida Senate - 2003                                   SB 212

    By Senator Cowin





    20-194-03

  1                      A bill to be entitled

  2         An act relating to health care; creating the

  3         "Women's Health and Safety Act"; amending s.

  4         390.012, F.S.; revising requirements for rules

  5         of the Agency for Health Care Administration

  6         relating to abortions performed in abortion

  7         clinics; providing for rules regarding

  8         abortions performed after the first trimester

  9         of pregnancy; requiring abortion clinics to

10         develop policies to protect the heath, care,

11         and treatment of patients; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  This act may be cited as the "Women's

17  Health and Safety Act."

18         Section 2.  Subsection (1) of section 390.012, Florida

19  Statutes, is amended to read:

20         390.012  Powers of agency; rules; disposal of fetal

21  remains.--

22         (1)  The agency shall have the authority to develop and

23  enforce rules for the health, care, and treatment of persons

24  in abortion clinics and for the safe operation of such

25  clinics. For clinics that perform abortions in the first

26  trimester of pregnancy only, the These rules shall be

27  comparable to rules that which apply to all surgical

28  procedures requiring approximately the same degree of skill

29  and care as the performance of first trimester abortions. For

30  clinics that perform or claim to perform abortions after the

31  first trimester of pregnancy, the rules shall be comparable to

                                  1

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






    Florida Senate - 2003                                   SB 212
    20-194-03




 1  rules that apply to all surgical procedures requiring

 2  approximately the same degree of skill and care as the

 3  performance of abortions after the first trimester. The rules

 4  shall be reasonably related to the preservation of maternal

 5  health of the clients. The rules shall be in accordance with

 6  s. 797.03 and may not impose an unconstitutional a legally

 7  significant burden on a woman's freedom to decide whether to

 8  terminate her pregnancy.  The rules shall provide for:

 9         (a)  The performance of pregnancy termination

10  procedures only by a licensed physician. Each abortion clinic

11  shall develop, promulgate, and enforce policies to protect the

12  health, care, and treatment of patients, including policies

13  for obtaining the informed consent of the patient and for

14  postoperative care of patients suffering complications from an

15  abortion.

16         (b)  The making, protection, and preservation of

17  patient records, which shall be treated as medical records

18  under chapter 458.

19         Section 3.  This act shall take effect July 1, 2003.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Specifies that rules of the Agency for Health Care
      Administration relating to abortions performed in
24    abortion clinics must be in accordance with current
      statutes that stipulate prohibited acts relating to
25    abortions and must not impose an unconstitutional burden
      on the woman's freedom to decide whether to have an
26    abortion. Provides for agency rules regarding abortions
      performed after the first trimester of pregnancy.
27    Requires abortion clinics to develop policies to protect
      the health, care, and treatment of patients.
28  

29  

30  

31  

                                  2

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