Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary (Clary) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Women's
19  Health and Safety Act."
20         Section 2.  Section 390.012, Florida Statutes, is
21  amended to read:
22         390.012  Powers of agency; rules; disposal of fetal
23  remains.--
24         (1)  The agency shall have the authority to develop and
25  enforce rules for the health, care, and treatment of persons
26  in abortion clinics and for the safe operation of such
27  clinics. These rules shall be comparable to rules which apply
28  to all surgical procedures requiring approximately the same
29  degree of skill and care as the performance of first trimester
30  abortions.
31         (a)  The rules shall be reasonably related to the
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  preservation of maternal health of the clients.
 2         (b)  The rules shall be in accordance with s. 797.03
 3  and may not impose an unconstitutional a legally significant
 4  burden on a woman's freedom to decide whether to terminate her
 5  pregnancy.
 6         (c)  The rules shall provide for:
 7         1.(a)  The performance of pregnancy termination
 8  procedures only by a licensed physician.
 9         2.(b)  The making, protection, and preservation of
10  patient records, which shall be treated as medical records
11  under chapter 458.
12         (2)  For clinics that perform abortions in the first
13  trimester of pregnancy only, these rules shall be comparable
14  to rules that apply to all surgical procedures requiring
15  approximately the same degree of skill and care as the
16  performance of first trimester abortions.
17         (3)  For clinics that perform or claim to perform
18  abortions after the first trimester of pregnancy, the agency
19  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
20  implement the provisions of this chapter, including the
21  following:
22         (a)  Rules for an abortion clinic's physical
23  facilities. At a minimum, these rules shall prescribe
24  standards for:
25         1.  Adequate private space that is specifically
26  designated for interviewing, counseling, and medical
27  evaluations.
28         2.  Dressing rooms for staff and patients.
29         3.  Appropriate lavatory areas.
30         4.  Areas for preprocedure hand washing.
31         5.  Private procedure rooms.
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1         6.  Adequate lighting and ventilation for abortion
 2  procedures.
 3         7.  Surgical or gynecological examination tables and
 4  other fixed equipment.
 5         8.  Postprocedure recovery rooms that are equipped to
 6  meet the patients' needs.
 7         9.  Emergency exits to accommodate a stretcher or
 8  gurney.
 9         10.  Areas for cleaning and sterilizing instruments.
10         11.  Adequate areas for the secure storage of medical
11  records and necessary equipment and supplies.
12         12.  The display in the abortion clinic, in a place
13  that is conspicuous to all patients, of the clinic's current
14  license issued by the agency.
15         (b)  Rules to prescribe abortion clinic supplies and
16  equipment standards, including supplies and equipment that are
17  required to be immediately available for use or in an
18  emergency. At a minimum, these rules shall:
19         1.  Prescribe required clean and sterilized equipment
20  and supplies, including medications, required for the conduct,
21  in an appropriate fashion, of any abortion procedure that the
22  medical staff of the clinic anticipates performing and for
23  monitoring the progress of each patient throughout the
24  procedure and recovery period.
25         2.  Prescribe required equipment, supplies, and
26  medications that shall be available and ready for immediate
27  use in an emergency and requirements for written protocols and
28  procedures to be followed by staff in an emergency, such as
29  the loss of electrical power.
30         3.  Prescribe equipment and supplies for required
31  laboratory tests and requirements for protocols to calibrate
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  and maintain laboratory equipment or equipment operated by
 2  clinic staff at the abortion clinic.
 3         4.  Require ultrasound equipment.
 4         5.  Require that all equipment is safe for the patient
 5  and the staff, meets applicable federal standards, and is
 6  checked annually to ensure safety and appropriate calibration.
 7         (c)  Rules relating to abortion clinic personnel. At a
 8  minimum, these rules shall require that:
 9         1.  The abortion clinic designate a medical director
10  who is licensed to practice medicine and surgery in the state
11  and who has admitting privileges at an accredited hospital in
12  the state which is within 50 miles of the abortion clinic.
13         2.  If a physician is not present after an abortion is
14  performed, a registered nurse, licensed practical nurse,
15  advanced registered nurse practitioner, or physician assistant
16  shall be present and remain at the clinic to provide
17  postoperative monitoring and care until the patient is
18  discharged.
19         3.  Surgical assistants receive training in counseling,
20  patient advocacy, and the specific responsibilities associated
21  with the services the surgical assistants provide.
22         4.  Volunteers receive training in the specific
23  responsibilities associated with the services the volunteers
24  provide, including counseling and patient advocacy as provided
25  in the rules adopted by the director for different types of
26  volunteers based on their responsibilities.
27         (d)  Rules relating to the medical screening and
28  evaluation of each abortion clinic patient. At a minimum,
29  these rules shall require:
30         1.  A medical history, including reported allergies to
31  medications, antiseptic solutions, or latex; past surgeries;
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  and an obstetric and gynecological history.
 2         2.  A physical examination, including a bimanual
 3  examination estimating uterine size and palpation of the
 4  adnexa.
 5         3.  The appropriate laboratory tests, including:
 6         a.  For an abortion in which an ultrasound examination
 7  is not performed before the abortion procedure, urine or blood
 8  tests for pregnancy performed before the abortion procedure.
 9         b.  A test for anemia.
10         c.  Rh typing, unless reliable written documentation of
11  blood type is available.
12         d.  Other tests as indicated from the physical
13  examination.
14         4.  An ultrasound evaluation for all patients who elect
15  to have an abortion after the first trimester. The rules shall
16  require that if a person who is not a physician performs an
17  ultrasound examination, that person shall have documented
18  evidence that he or she has completed a course in the
19  operation of ultrasound equipment as prescribed in rule. The
20  physician, registered nurse, licensed practical nurse,
21  advanced registered nurse practitioner, or physician assistant
22  shall review, at the request of the patient, the ultrasound
23  evaluation results, including an estimate of the probable
24  gestational age of the fetus, with the patient before the
25  abortion procedure is performed.
26         5.  That the physician is responsible for estimating
27  the gestational age of the fetus based on the ultrasound
28  examination and obstetric standards in keeping with
29  established standards of care regarding the estimation of
30  fetal age as defined in rule and shall write the estimate in
31  the patient's medical history. The physician shall keep
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  original prints of each ultrasound examination of a patient in
 2  the patient's medical history file.
 3         (e)  Rules relating to the abortion procedure. At a
 4  minimum, these rules shall require:
 5         1.  That a physician, registered nurse, licensed
 6  practical nurse, advanced registered nurse practitioner, or
 7  physician assistant is available to all patients throughout
 8  the abortion procedure.
 9         2.  Standards for the safe conduct of abortion
10  procedures that conform to obstetric standards in keeping with
11  established standards of care regarding the estimation of
12  fetal age as defined in rule.
13         3.  Appropriate use of general and local anesthesia,
14  analgesia, and sedation if ordered by the physician.
15         4.  Appropriate precautions, such as the establishment
16  of intravenous access, at least for patients undergoing
17  post-first trimester abortions.
18         5.  Appropriate monitoring of the vital signs and other
19  defined signs and markers of the patient's status throughout
20  the abortion procedure and during the recovery period until
21  the patient's condition is deemed to be stable in the recovery
22  room.
23         (f)  Rules that prescribe minimum recovery room
24  standards. At a minimum, these rules shall require that:
25         1.  Postprocedure recovery rooms are supervised and
26  staffed to meet the patients' needs.
27         2.  Immediate postprocedure care consists of
28  observation in a supervised recovery room for as long as the
29  patient's condition warrants.
30         3.  The clinic arranges hospitalization if any
31  complication beyond the medical capability of the staff occurs
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  or is suspected.
 2         4.  A registered nurse, licensed practical nurse,
 3  advanced registered nurse practitioner, or physician assistant
 4  who is trained in the management of the recovery area and is
 5  capable of providing basic cardiopulmonary resuscitation and
 6  related emergency procedures remains on the premises of the
 7  abortion clinic until all patients are discharged.
 8         5.  A physician shall sign the discharge order and be
 9  readily accessible and available until the last patient is
10  discharged to facilitate the transfer of emergency cases if
11  hospitalization of the patient or viable fetus is necessary.
12         6.  A physician discusses Rho(D) immune globulin with
13  each patient for whom it is indicated and ensures that it is
14  offered to the patient in the immediate postoperative period
15  or that it will be available to her within 72 hours after
16  completion of the abortion procedure. If the patient refuses
17  the Rho(D) immune globulin, a refusal form approved by the
18  agency shall be signed by the patient and a witness and
19  included in the medical record.
20         7.  Written instructions with regard to postabortion
21  coitus, signs of possible problems, and general aftercare are
22  given to each patient. Each patient shall have specific
23  written instructions regarding access to medical care for
24  complications, including a telephone number to call for
25  medical emergencies.
26         8.  There is a specified minimum length of time that a
27  patient remains in the recovery room by type of abortion
28  procedure and duration of gestation.
29         9.  The physician ensures that a registered nurse,
30  licensed practical nurse, advanced registered nurse
31  practitioner, or physician assistant from the abortion clinic
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  makes a good-faith effort to contact the patient by telephone,
 2  with the patient's consent, within 24 hours after surgery to
 3  assess the patient's recovery.
 4         10.  Equipment and services are readily accessible to
 5  provide appropriate emergency resuscitative and life support
 6  procedures pending the transfer of the patient or viable fetus
 7  to the hospital.
 8         (g)  Rules that prescribe standards for followup care.
 9  At a minimum, these rules shall require that:
10         1.  A postabortion medical visit that includes a
11  medical examination and a review of the results of all
12  laboratory tests is offered.
13         2.  A urine pregnancy test is obtained at the time of
14  the followup visit to rule out continuing pregnancy.
15         3.  If a continuing pregnancy is suspected, the patient
16  shall be evaluated and a physician who performs abortions
17  shall be consulted.
18         (h)  Rules to prescribe minimum abortion clinic
19  incident reporting. At a minimum, these rules shall require
20  that:
21         1.  The abortion clinic records each incident that
22  results in serious injury to a patient or a viable fetus at an
23  abortion clinic and shall report an incident in writing to the
24  agency within 10 days after the incident occurs. For the
25  purposes of this paragraph, the term "serious injury" means an
26  injury that occurs at an abortion clinic and that creates a
27  serious risk of substantial impairment of a major bodily
28  organ.
29         2.  If a patient's death occurs, other than a fetal
30  death properly reported pursuant to law, the abortion clinic
31  reports it to the department not later than the next
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  department workday.
 2         (4)  The rules adopted pursuant to this section shall
 3  not limit the ability of a physician to advise a patient on
 4  any health issue.
 5         (5)  The provisions of this section and the rules
 6  adopted pursuant to this section shall be in addition to any
 7  other laws, rules, and regulations that are applicable to
 8  facilities defined as abortion clinics under this section.
 9         (6)(2)  The agency may adopt and enforce rules, in the
10  interest of protecting the public health, to ensure the prompt
11  and proper disposal of fetal remains and tissue resulting from
12  pregnancy termination.
13         (7)(3)  If any owner, operator, or employee of an
14  abortion clinic fails to dispose of fetal remains and tissue
15  in a manner consistent with the disposal of other human tissue
16  in a competent professional manner, the license of such clinic
17  may be suspended or revoked, and such person is guilty of a
18  misdemeanor of the first degree, punishable as provided in s.
19  775.082 or s. 775.083.
20         Section 3.  If any provision of this act or the
21  application thereof to any person or circumstance is held
22  invalid, the invalidity shall not affect other provisions or
23  applications of the act which can be given effect without the
24  invalid provision or application. To this end, the provisions
25  of this act are declared severable.
26         Section 4.  This act shall take effect July 1, 2005.
27  
28  
29  ================ T I T L E   A M E N D M E N T ===============
30  And the title is amended as follows:
31         Delete everything before the enacting clause
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  and insert:  
 2                      A bill to be entitled
 3         An act relating to women's health care;
 4         providing a short title; amending s. 390.012,
 5         F.S.; revising requirements for rules of the
 6         Agency for Health Care Administration relating
 7         to abortion clinics performing abortions after
 8         the first trimester of pregnancy; requiring
 9         rules that prescribe standards for physical
10         facilities, supplies and equipment, personnel,
11         screening and evaluation, the abortion
12         procedure, recovery, followup care, and
13         incident reporting; providing that rules
14         regulating abortion clinics may not impose an
15         unconstitutional burden rather than a legally
16         significant burden on a woman's right to choose
17         to terminate her pregnancy; providing for
18         severability; providing an effective date.
19  
20         WHEREAS, abortion is an invasive surgical procedure
21  that can lead to numerous and serious medical complications,
22  including, but not limited to, bleeding, hemorrhage,
23  infection, uterine perforation, blood clots, cervical tears,
24  incomplete abortion and retained tissue, failure to actually
25  terminate the pregnancy, free fluid in the abdomen, missed
26  ectopic pregnancies, cardiac arrest, sepsis, respiratory
27  arrest, reactions to anesthesia, fertility problems, emotional
28  problems, and even death, and
29         WHEREAS, the state has a legitimate interest in
30  ensuring that abortions, like any other medical procedure, be
31  performed under circumstances that ensure maximum safety for
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1862
                        Barcode 612106
 1  the patient, and
 2         WHEREAS, the risks for abortion are greater after the
 3  first trimester of pregnancy, and
 4         WHEREAS, the risk of hemorrhage, in particular, is
 5  greater after the first trimester of pregnancy, and the
 6  resultant complications may require a hysterectomy, other
 7  reparative surgery, or a blood transfusion, NOW, THEREFORE,
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