Senate Bill sb0092

    Florida Senate - 2004                                    SB 92

    By Senator Cowin





    20-228-04

  1                      A bill to be entitled

  2         An act relating to health care; providing a

  3         popular name; amending s. 390.012, F.S.;

  4         revising requirements for rules of the Agency

  5         for Health Care Administration relating to

  6         abortions performed in abortion clinics;

  7         providing for rules regarding abortions

  8         performed after the first trimester of

  9         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 may shall have the authority to develop

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

24  persons 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 must 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 must be comparable to

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






    Florida Senate - 2004                                    SB 92
    20-228-04




 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  must shall be reasonably related to the preservation of

 5  maternal health of the clients. The rules must be in

 6  accordance with s. 797.03 and may shall not impose an

 7  unconstitutional a legally significant burden on a woman's

 8  freedom to decide whether to terminate her pregnancy.  The

 9  rules must shall provide for:

10         (a)  The performance of pregnancy termination

11  procedures only by a licensed physician. Each abortion clinic

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

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

14  for obtaining the informed consent of the patient and for

15  postoperative care of patients suffering complications from an

16  abortion.

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

18  patient records, which shall be treated as medical records

19  under chapter 458.

20         Section 3.  This act shall take effect July 1, 2004.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Specifies that rules of the Agency for Health Care
      Administration relating to abortions performed in
25    abortion clinics must be in accordance with current
      statutes that stipulate prohibited acts relating to
26    abortions and must not impose an unconstitutional burden
      on the woman's freedom to decide whether to have an
27    abortion. Provides for agency rules regarding abortions
      performed after the first trimester of pregnancy.
28    Requires abortion clinics to develop policies to protect
      the health, care, and treatment of patients.
29  

30  

31  

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