HB 0219 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to health care; creating the “Women's
12	Health and Safety Act"; amending s. 390.012, F.S.;
13	revising requirements for rules of the Agency for Health
14	Care Administration relating to abortion clinics in which
15	abortions are performed after the first trimester of
16	pregnancy; requiring abortion clinics to develop policies
17	to protect the health, care, and treatment of patients;
18	providing for severability; providing an effective date.
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20	WHEREAS, abortion is an invasive surgical procedure that
21	can lead to numerous and serious medical complications, and
22	WHEREAS, potential complications for abortions include,
23	among others, bleeding, hemorrhage, infection, uterine
24	perforation, blood clots, cervical tears, incomplete abortion,
25	failure to actually terminate the pregnancy, free fluid in the
26	abdomen, missed ectopic pregnancies, cardiac arrest, sepsis,
27	respiratory arrest, reactions to anesthesia, fertility problems,
28	emotional problems, and even death, and
29	WHEREAS, the state has a legitimate interest in making sure
30	that abortion, like any other medical procedure, is performed
31	under circumstances that ensure maximum safety for the patient,
32	and
33	WHEREAS, the risks for abortion are greater after the first
34	trimester of pregnancy, and
35	WHEREAS, the risk of hemorrhage, in particular, is greater
36	after the first trimester of pregnancy, and the resultant
37	complications may require a hysterectomy, other reparative
38	surgery, or a blood transfusion, NOW, THEREFORE,
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40	Be It Enacted by the Legislature of the State of Florida:
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42	Section 1. This act may be cited as the “Women's Health
43	and Safety Act."
44	Section 2. Section 390.012, Florida Statutes, is amended
45	to read:
46	390.012 Powers of agency; rules; disposal of fetal
47	remains.--
48	(1) The agency shall have the authority to develop and
49	enforce rules for the health, care, and treatment of persons in
50	abortion clinics and for the safe operation of such clinics. For
51	clinics that perform abortions in the first trimester of
52	pregnancy only, theThese rules shall be comparable to rules
53	thatwhichapply to all surgical procedures requiring
54	approximately the same degree of skill and care as the
55	performance of first trimester abortions.
56	(2) For clinics that perform abortions after the first
57	trimester of pregnancy, the agency shall adopt rules pursuant to
58	ss. 120.536(1) and 120.54 to implement the provisions of this
59	section, which shall include reasonable and fair minimum
60	standards for ensuring:
61	(a) Sufficient numbers and qualified types of personnel
62	are on duty and available at all times to provide necessary and
63	adequate patient care and safety.
64	(b) Appropriate medical screening and evaluation of each
65	abortion clinic patient takes place.
66	(c) Appropriate supplies and equipment are available,
67	including supplies and equipment that are required to be
68	immediately available for use in an emergency.
69	(d) Appropriate standards for followup care are
70	established and followed.
71	(e) Adequate private spaces that are specifically
72	designated for interviewing, counseling, and medical evaluations
73	are provided.
74	(f) Appropriate lavatory areas are provided.
75	(g) Areas for pre-procedure hand washing are provided.
76	(h) Private procedure rooms are provided.
77	(i) Adequate lighting and ventilation for abortion
78	procedures are provided.
79	(j) Surgical or gynecologic examination tables and other
80	fixed equipment are provided.
81	(k) Post-procedure recovery rooms are provided.
82	(l) Emergency exits to accommodate a stretcher or gurney
83	exist.
84	(m) Areas for cleaning and sterilizing instruments are
85	provided.
86	(n) Adequate areas for the secure storage of medical
87	records and necessary equipment and supplies are provided.
88	(3)The rules shall be reasonably related to the
89	preservation of maternal health of the clients. The rules shall
90	be in accordance with s. 797.03 and may not impose an
91	unconstitutionala legally significantburden on a woman's
92	freedom to decide whether to terminate her pregnancy or her
93	constitutional right to privacy. The rules shall provide for:
94	(a) The performance of pregnancy termination procedures
95	only by a licensed physician. Each abortion clinic shall
96	develop, adopt, and enforce policies to protect the health,
97	care, and treatment of patients, including policies for
98	obtaining the informed consent of the patient and for
99	postoperative care of patients suffering complications from an
100	abortion.
101	(b) The making, protection, and preservation of patient
102	records, which shall be treated as medical records under
103	chapterschapter 458 and 459.
104	(4)(2)The agency may adopt and enforce rules, in the
105	interest of protecting the public health, to ensure the prompt
106	and proper disposal of fetal remains and tissue resulting from
107	pregnancy termination.
108	(5)(3)If any owner, operator, or employee of an abortion
109	clinic fails to dispose of fetal remains and tissue in a manner
110	consistent with the disposal of other human tissue in a
111	competent professional manner, the license of such clinic may be
112	suspended or revoked, and such person is guilty of a misdemeanor
113	of the first degree, punishable as provided in s. 775.082 or s.
114	775.083.
115	Section 3. If any provision of this act or the application
116	thereof to any person or circumstance is held invalid, the
117	invalidity shall not affect the other provisions or application
118	of the act which can be given effect without the invalid
119	provision or applications, and to this end the provisions of
120	this act are declared severable.
121	Section 4. This act shall take effect July 1, 2003.