Senate Bill sb2276

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    Florida Senate - 2005                                  SB 2276

    By Senator Geller





    31-1590A-05                                             See HB

  1                      A bill to be entitled

  2         An act relating to the prevention of unintended

  3         pregnancy, sexually transmitted infection, and

  4         abortion; creating the Prevention First Act;

  5         requiring school districts to develop a

  6         comprehensive family life and reproductive

  7         education plan; providing definitions;

  8         providing duties of licensed health care

  9         facilities and practitioners relating to

10         treatment of rape survivors; providing an

11         effective date.

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13         WHEREAS, the Legislature finds that many Florida women

14  and teens do not have access to birth control and information

15  about family planning, and

16         WHEREAS, the Legislature finds that the victimization

17  of women through rape is compounded by the possibility that

18  the rape survivors may suffer an unwanted pregnancy by the

19  rapist, half of which end in abortion, and

20         WHEREAS, the Legislature further finds that providing

21  access to family planning information, contraception, and

22  pregnancy prevention prophylaxis will prevent abortions and

23  unintended pregnancies thereby significantly reducing the

24  number of women and teens who need medical assistance,

25  Medicaid, KidCare, and other social services, and

26         WHEREAS, the Legislature recognizes that in the most

27  recent study of women in need of family planning services by

28  the Florida State University Center for Prevention and Early

29  Intervention Policy found that only 26 percent of women in

30  Florida in need are currently receiving family planning

31  services, and

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    Florida Senate - 2005                                  SB 2276
    31-1590A-05                                             See HB




 1         WHEREAS, the Legislature further recognizes that in the

 2  most recent peer-reviewed study of family planning

 3  cost-effectiveness, an analysis of California's program showed

 4  that for every $1 million spent on family planning, over 900

 5  unintended pregnancies were prevented and more than 350

 6  abortions were avoided, and the unintended pregnancies

 7  prevented by the California family planning efforts saved an

 8  estimated $4.48 in public expenditures for every $1 spent,

 9  NOW, THEREFORE,

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

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13         Section 1.  This act may be cited as the "Prevention

14  First Act."

15         Section 2.  Comprehensive family life and reproductive

16  education.--

17         (1)  All school districts shall develop a plan to

18  provide comprehensive family life and reproductive education

19  no later than the 2008-2009 school year.

20         (2)  For the purposes of this section, "comprehensive

21  family life and reproductive education" means education in

22  kindergarten through grade 12 that:

23         (a)  Respects community values and encourages family

24  communication.

25         (b)  Develops skills in communication, decisionmaking,

26  and conflict resolution.

27         (c)  Contributes to healthy relationships.

28         (d)  Provides human development and reproductive

29  education that is medically accurate and age appropriate.

30         (e)  Promotes responsible behavior, including the

31  promotion of abstinence.

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    Florida Senate - 2005                                  SB 2276
    31-1590A-05                                             See HB




 1         (f)  Addresses the use of contraception.

 2         (g)  Promotes individual responsibility.

 3         Section 3.  Treatment for survivors of rape.--

 4         (1)  DEFINITIONS.--As used in this section, the term:

 5         (a)  "Care to a rape survivor" means medical

 6  examinations, procedures, and services provided to a rape

 7  survivor.

 8         (b)  "Incest" means a sexual offense described in

 9  section 826.04, Florida Statutes.

10         (c)  "Pregnancy prevention prophylaxis" means any drug

11  or device approved by the federal Food and Drug Administration

12  that prevents pregnancy after sexual intercourse.

13         (d)  "Rape" means sexual battery as described in

14  sections 794.011 and 827.071, Florida Statutes.

15         (e)  "Rape survivor" means a person who alleges or is

16  alleged to have been raped or is the victim of alleged incest

17  and because of the alleged offense seeks treatment as a

18  patient.

19         (2)  DUTIES OF LICENSED PRACTITIONERS AND

20  FACILITIES.--A health care practitioner licensed under chapter

21  458, chapter 459, or chapter 464, Florida Statutes, or a

22  health care facility licensed under chapter 395, Florida

23  Statutes, which provides care to a rape survivor shall:

24         (a)  Provide each rape survivor with medically and

25  factually accurate, clear, and concise information about

26  pregnancy prevention prophylaxis, including its indications

27  and contraindications and risks associated with its use.

28         (b)  Inform each rape survivor of such person's medical

29  option to receive pregnancy prevention prophylaxis.

30         (c)  If pregnancy prevention prophylaxis is requested:

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    Florida Senate - 2005                                  SB 2276
    31-1590A-05                                             See HB




 1         1.  Immediately prescribe or provide the rape survivor

 2  with pregnancy prevention prophylaxis if it is determined by

 3  the practitioner to be medically appropriate; or

 4         2.  Inform the rape survivor of a health care facility

 5  or health care practitioner that will provide or prescribe

 6  immediate access to pregnancy prevention prophylaxis if it is

 7  determined by the practitioner to be medically appropriate for

 8  the rape survivor. Such provision of information shall be

 9  documented in the patient's medical record. However, if the

10  rape survivor is transferred to or receives care from a sexual

11  assault program or specialized team that provides rape

12  counseling and treatment services or if the rape survivor is

13  pregnant, the licensed facility or practitioner described in

14  this subsection shall be relieved of the duties specified in

15  paragraphs (a) and (b).

16         Section 4.  This act shall take effect upon becoming a

17  law.

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