Senate Bill sb2458

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    Florida Senate - 2006                                  SB 2458

    By Senator Rich





    34-1432A-06

  1                      A bill to be entitled

  2         An act relating to reproductive health services

  3         and family planning; creating the Prevention

  4         First Act; requiring the Secretary of Health to

  5         develop and maintain certain information on

  6         family planning and resources on the website of

  7         the Department of Health; requiring that the

  8         website contain certain information concerning

  9         family planning and health services; requiring

10         the Department of Education to develop a

11         comprehensive family life and sexuality

12         education plan; providing definitions;

13         providing duties of licensed health care

14         facilities and practitioners relating to

15         treatment of rape survivors; providing an

16         effective date.

17  

18         WHEREAS, the Legislature finds that many Florida women

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

20  about family planning, and

21         WHEREAS, the Legislature finds that the victimization

22  of women through rape is compounded by the possibility that

23  the rape survivors may suffer unwanted pregnancies, and half

24  of such pregnancies end in abortion, and

25         WHEREAS, the Legislature further finds that providing

26  access to family planning information, contraception, and

27  pregnancy-prevention prophylaxis will prevent abortions and

28  unintended pregnancies, thereby significantly reducing the

29  number of women and teens who need medical assistance,

30  Medicaid, KidCare, and other social services, and

31  

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    Florida Senate - 2006                                  SB 2458
    34-1432A-06




 1         WHEREAS, the Legislature recognizes that the most

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

 3  the Florida State University Center for Prevention and Early

 4  Intervention Policy found that only 26 percent of women in

 5  this state who are in need of such services are currently

 6  receiving them, and

 7         WHEREAS, the Legislature further recognizes that in the

 8  most recent peer-reviewed study of the cost-effectiveness of

 9  family planning services, an analysis of California's program

10  showed that for every $1 million spent on family planning,

11  more than 900 unintended pregnancies were prevented and more

12  than 350 abortions were avoided, and the unintended

13  pregnancies prevented by the family planning efforts in

14  California saved an estimated $4.48 in public expenditures for

15  every $1 spent, NOW, THEREFORE,

16  

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

18  

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

20  First Act."

21         Section 2.  The Secretary of Health shall develop and

22  maintain, as part of the Department of Health's website,

23  information on family planning and referrals to local

24  community resources to assist women and families in preventing

25  unintended pregnancies. The website must provide information

26  on:

27         (1)  Family planning methods, including all methods of

28  contraception and natural family planning approved by the

29  federal Food and Drug Administration;

30         (2)  Basic reproductive health procedures, including

31  breast and pelvic examinations; cervical cancer screenings;

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    Florida Senate - 2006                                  SB 2458
    34-1432A-06




 1  screenings for sexually transmitted diseases and the human

 2  immunodeficiency virus; and pregnancy diagnosis and

 3  counseling; and

 4         (3)  Referrals to local community providers and

 5  resources, including subsidized family planning providers,

 6  that provide family planning services and counseling and basic

 7  contraceptive, pregnancy-preventive, and reproductive health

 8  services.

 9         Section 3.  Comprehensive family life and sexuality

10  education.--

11         (1)  The Department of Education shall develop a plan

12  to provide comprehensive family life and sexuality education

13  no later than the 2009-2010 school year and shall implement

14  such plan by the following school year.

15         (2)  As used in this section, the term "comprehensive

16  family life and sexuality education" means education in

17  kindergarten through grade 12 which:

18         (a)  Respects community values and encourages family

19  communication.

20         (b)  Develops skills in communication, decisionmaking,

21  and conflict resolution.

22         (c)  Contributes to healthy relationships.

23         (d)  Provides education in human development and

24  sexuality which is medically accurate and age-appropriate.

25         (e)  Promotes responsible behavior, including, but not

26  limited to, the promotion of abstinence.

27         (f)  Addresses the medically accurate use of

28  contraception measures.

29         (g)  Promotes individual responsibility.

30         Section 4.  Treatment for survivors of rape.--

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

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    Florida Senate - 2006                                  SB 2458
    34-1432A-06




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

 2  examinations, procedures, and services provided to a rape

 3  survivor.

 4         (b)  "Incest" means a sexual offense described in s.

 5  826.04, Florida Statutes.

 6         (c)  "Pregnancy-prevention prophylaxis" means any drug

 7  or device approved by the federal Food and Drug Administration

 8  which prevents pregnancy after sexual intercourse.

 9         (d)  "Rape" means sexual battery as described in ss.

10  794.011 and 827.071, Florida Statutes.

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

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

13  and because of the alleged offense seeks treatment as a

14  patient.

15         (2)  DUTIES OF LICENSED PRACTITIONERS AND FACILITIES.--

16         (a)  A health care practitioner licensed under chapter

17  458, chapter 459, or chapter 464, Florida Statutes, or a

18  health care facility licensed under chapter 395, Florida

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

20         1.  Provide each rape survivor with medically and

21  factually accurate, clear, and concise information concerning

22  pregnancy-prevention prophylaxis, including its indications

23  and contraindications and risks associated with its use.

24         2.  Inform each female rape survivor of her medical

25  option to receive pregnancy-prevention prophylaxis.

26         (b)  If pregnancy-prevention prophylaxis is requested,

27  the health care practitioner shall immediately prescribe or

28  provide the rape survivor with pregnancy-prevention

29  prophylaxis if it is determined by the practitioner to be

30  medically appropriate.

31  

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    Florida Senate - 2006                                  SB 2458
    34-1432A-06




 1         Section 5.  This act shall take effect upon becoming a

 2  law.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Creates the Prevention First Act. Requires the Secretary
      of Health to develop and maintain certain information on
 7    family planning and resources on the website of the
      Department of Health. Requires the Department of
 8    Education to develop a comprehensive family life and
      sexuality education plan. Provides duties of licensed
 9    health care facilities and practitioners relating to
      treatment of rape survivors.
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