HB 1191

1	A bill to be entitled
2	An act relating to reproductive health services and family
3	planning; creating the Prevention First Act; requiring the
4	Secretary of Health to develop and maintain certain
5	information concerning family planning and resources on
6	the website of the Department of Health; requiring that
7	the website contain certain information concerning family
8	planning and health services; requiring the Department of
9	Education to develop a comprehensive family life and
10	sexuality education plan; providing definitions; providing
11	duties of licensed health care facilities and
12	practitioners relating to treatment of rape survivors;
13	providing an effective date.
14
15	WHEREAS, the Legislature finds that many Florida women and
16	teens do not have access to birth control and information about
17	family planning, and
18	WHEREAS, the Legislature finds that the victimization of
19	women through rape is compounded by the possibility that the
20	rape survivors may suffer unintended pregnancies, and half of
21	such pregnancies end in abortion, and
22	WHEREAS, the Legislature further finds that providing
23	access to family planning information, services, and birth
24	control will prevent abortions and unintended pregnancies,
25	thereby significantly reducing the number of women and teens who
26	need medical assistance, Medicaid, KidCare, and other social
27	services, and
28	WHEREAS, the Legislature recognizes that the most recent
29	study of women in need of family planning services by the
30	Florida State University Center for Prevention and Early
31	Intervention Policy found that only 26 percent of women in this
32	state who are in need of such services are currently receiving
33	them, and
34	WHEREAS, according to the Department of Health's Family
35	Planning Program, for every dollar spent in family planning
36	services, up to $24 is saved as a result of averting
37	expenditures for public programs that support women who have
38	unintended pregnancies and their infants, NOW, THEREFORE,
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  This act may be cited as the "Prevention First
43	Act."
44	Section 2.  The Secretary of Health shall develop and
45	maintain, as part of the Department of Health's website,
46	information on family planning and referrals to local community
47	resources to assist women and families in preventing unintended
48	pregnancies. The website must provide information on:
49	(1)  Family planning methods, including all methods of
50	contraception and natural family planning approved by the
51	federal Food and Drug Administration;
52	(2)  Basic reproductive health procedures, including breast
53	and pelvic examinations; cervical cancer screenings; screenings
54	for sexually transmitted diseases and the human immunodeficiency
55	virus; and pregnancy diagnosis and counseling; and
56	(3)  Referrals to local community providers, including
57	subsidized family planning providers, which provide family
58	planning services and counseling and basic contraceptive,
59	pregnancy-preventive, and reproductive health services.
60	Section 3.  Comprehensive family life and sexuality
61	education.--
62	(1)  The Department of Education shall develop a plan to
63	provide comprehensive family life and sexuality education no
64	later than the 2010-2011 school year and shall implement such
65	plan by the following school year.
66	(2)  As used in this section, the term "comprehensive
67	family life and sexuality education" means education in
68	kindergarten through grade 12 which:
69	(a)  Respects community values and encourages family
70	communication.
71	(b)  Develops skills in goal setting, communication,
72	decisionmaking, and conflict resolution.
73	(c)  Contributes to healthy relationships.
74	(d)  Provides education in human development and sexuality
75	which is medically accurate and age appropriate.
76	(e)  Promotes responsible behavior, including, but not
77	limited to, the promotion of abstinence.
78	(f)  Addresses the medically accurate use of contraception
79	measures, including, but not limited to, the rate of efficacy
80	and responsible decisionmaking skills.
81	(g)  Promotes individual responsibility.
82	Section 4.  Treatment for survivors of rape.--
83	(1)  DEFINITIONS.--As used in this section, the term:
84	(a)  "Care to a rape survivor" means medical examinations,
85	procedures, and services provided to a rape survivor.
86	(b)  "Incest" means a sexual offense described in s.
87	826.04, Florida Statutes.
88	(c)  "Emergency birth control" means any drug or device
89	approved by the federal Food and Drug Administration which
90	prevents pregnancy after sexual intercourse.
91	(d)  "Rape" means sexual battery as described in ss.
92	794.011 and 827.071, Florida Statutes.
93	(e)  "Rape survivor" means a person who alleges or is
94	alleged to have been raped or is the victim of alleged incest
95	and because of the alleged offense seeks treatment as a patient.
96	(2)  DUTIES OF LICENSED PRACTITIONERS AND FACILITIES.--
97	(a)  A health care practitioner licensed under chapter 458,
98	chapter 459, or chapter 464, Florida Statutes, or a health care
99	facility licensed under chapter 395, Florida Statutes, which
100	provides care to a rape survivor shall:
101	1.  Provide each rape survivor with medically and factually
102	accurate, clear, and concise information concerning emergency
103	birth control, including its indications and contraindications
104	and risks associated with its use.
105	2.  Inform each female rape survivor of her medical option
106	to receive emergency birth control.
107	(b)  If emergency birth control is requested, the health
108	care practitioner shall immediately prescribe or provide the
109	rape survivor with emergency birth control if it is determined
110	by the practitioner to be medically appropriate.
111	Section 5.  This act shall take effect upon becoming a law.

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