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A bill to be entitled |
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An act relating to health care; creating the “Women's |
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Health and Safety Act"; amending s. 390.012, F.S.; |
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revising requirements for rules of the Agency for Health |
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Care Administration relating to abortions performed in |
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abortion clinics; providing for rules regarding abortions |
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performed after the first trimester of pregnancy; |
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requiring abortion clinics to develop policies to protect |
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the heath, care, and treatment of patients; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1.This act may be cited as the “Women's Health |
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and Safety Act." |
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Section 2. Subsection (1) of section 390.012, Florida |
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Statutes, is amended to read: |
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390.012 Powers of agency; rules; disposal of fetal |
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remains.-- |
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(1) The agency shall have the authority to develop and |
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enforce rules for the health, care, and treatment of persons in |
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abortion clinics and for the safe operation of such clinics.For |
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clinics that perform abortions in the first trimester of |
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pregnancy only, theTheserules shall be comparable to rules |
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thatwhichapply to all surgical procedures requiring |
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approximately the same degree of skill and care as the |
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performance of first trimester abortions.For clinics that |
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perform or claim to perform abortions after the first trimester |
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of pregnancy, the rules shall be comparable to rules that apply |
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to all surgical procedures requiring approximately the same |
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degree of skill and care as the performance of abortions after |
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the first trimester.The rules shall be reasonably related to |
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the preservation of maternal health of the clients. The rules |
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shallbe in accordance with s. 797.03 and maynot imposean |
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unconstitutionala legally significantburden on a woman's |
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freedom to decide whether to terminate her pregnancy. The rules |
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shall provide |
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for: |
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(a) The performance of pregnancy termination procedures |
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only by a licensed physician.Each abortion clinic shall |
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develop, promulgate, and enforce policies to protect the health, |
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care, and treatment of patients, including policies for |
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obtaining the informed consent of the patient and for |
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postoperative care of patients suffering complications from an |
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abortion. |
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(b) The making, protection, and preservation of patient |
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records, which shall be treated as medical records under chapter |
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458. |
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Section 3. This act shall take effect July 1, 2003. |
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