| 1 | Representative(s) Precourt offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove line 21 and insert: |
| 5 | (3) CONSENTS REQUIRED.--A termination of pregnancy may not |
| 6 | be performed or induced except with the voluntary and informed |
| 7 | written consent of the pregnant woman or, in the case of a |
| 8 | mental incompetent, the voluntary and informed written consent |
| 9 | of her court-appointed guardian. |
| 10 | (a) Except in the case of a medical emergency, consent to |
| 11 | a termination of pregnancy is voluntary and informed only if: |
| 12 | 1. The physician who is to perform the procedure, or the |
| 13 | referring physician, has, at a minimum, orally, in person, |
| 14 | informed the woman of: |
| 15 | a. The nature and risks of undergoing or not undergoing |
| 16 | the proposed procedure that a reasonable patient would consider |
| 17 | material to making a knowing and willful decision of whether to |
| 18 | terminate a pregnancy. |
| 19 | b. The probable gestational age of the fetus, verified by |
| 20 | an ultrasound, at the time the termination of pregnancy is to be |
| 21 | performed. |
| 22 | (I) The ultrasound must be performed by the physician who |
| 23 | is to perform the abortion or person having documented evidence |
| 24 | that he or she has completed a course in the operation of |
| 25 | ultrasound equipment as prescribed by rule and who is working in |
| 26 | conjunction with the physician. |
| 27 | (II) The person performing the ultrasound must allow the |
| 28 | woman to view the live ultrasound images and a physician, or a |
| 29 | registered nurse, licensed practical nurse, advanced registered |
| 30 | nurse practitioner, or physician assistant working in |
| 31 | conjunction with the physician, must contemporaneously review |
| 32 | and explain the live ultrasound images to the woman prior to the |
| 33 | woman giving informed consent to having an abortion procedure |
| 34 | performed. |
| 35 | (III) The woman has a right to decline to view the |
| 36 | ultrasound images after she is informed of her right to view |
| 37 | them. If the woman declines to view the ultrasound images, the |
| 38 | woman shall complete a form acknowledging that she was offered |
| 39 | an opportunity to view her ultrasound but that she rejected that |
| 40 | opportunity. The form must also indicate that the woman's |
| 41 | decision not to view the ultrasound was not based on any undue |
| 42 | influence from any third party to discourage her from viewing |
| 43 | the images and that she declined to view the images of her own |
| 44 | free will. |
| 45 | c. The medical risks to the woman and fetus of carrying |
| 46 | the pregnancy to term. |
| 47 | 2. Printed materials prepared and provided by the |
| 48 | department have been provided to the pregnant woman, if she |
| 49 | chooses to view these materials, including: |
| 50 | a. A description of the fetus, including a description of |
| 51 | the various stages of development. |
| 52 | b. A list of entities agencies that offer alternatives to |
| 53 | terminating the pregnancy. |
| 54 | c. Detailed information on the availability of medical |
| 55 | assistance benefits for prenatal care, childbirth, and neonatal |
| 56 | care. |
| 57 | 3. The woman acknowledges in writing, before the |
| 58 | termination of pregnancy, that the information required to be |
| 59 | provided under this subsection has been provided. |
| 60 |
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| 61 | Nothing in this paragraph is intended to prohibit a physician |
| 62 | from providing any additional information which the physician |
| 63 | deems material to the woman's informed decision to terminate her |
| 64 | pregnancy. |
| 65 | (b) In the event a medical emergency exists and a |
| 66 | physician cannot comply with the requirements for informed |
| 67 | consent, a physician may terminate a pregnancy if he or she has |
| 68 | obtained at least one corroborative medical opinion attesting to |
| 69 | the medical necessity for emergency medical procedures and to |
| 70 | the fact that to a reasonable degree of medical certainty the |
| 71 | continuation of the pregnancy would threaten the life of the |
| 72 | pregnant woman. In the event no second physician is available |
| 73 | for a corroborating opinion, the physician may proceed but shall |
| 74 | document reasons for the medical necessity in the patient's |
| 75 | medical records. |
| 76 | (c) Violation of this subsection by a physician |
| 77 | constitutes grounds for disciplinary action under s. 458.331 or |
| 78 | s. 459.015. Substantial compliance or reasonable belief that |
| 79 | complying with the requirements of informed consent would |
| 80 | threaten the life or health of the patient is a defense to any |
| 81 | action brought under this paragraph. |
| 82 | (12) WAITING PERIOD FOR ABORTION.--No physician shall |
| 83 |
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| 84 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 85 | Remove line(s) 18-19 and insert: |
| 86 | Section 1. Subsection (3) of section 390.0111, Florida |
| 87 | Statutes, is amended, and subsection (12) is added to that |
| 88 | section, to read: |
| 89 |
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| 90 | ======= T I T L E A M E N D M E N T ======= |
| 91 | Remove line 2 and insert: |
| 92 | An act relating to abortion; amending s. 390.0111, |
| 93 | F.S.; requiring an ultrasound be performed on any |
| 94 | woman obtaining an abortion; specifying who must |
| 95 | perform an ultrasound; providing that the ultrasound |
| 96 | must be reviewed with the patient prior to the woman |
| 97 | giving informed consent; specifying who must review |
| 98 | the ultrasound with the patient; providing that a |
| 99 | woman must certify in writing that she declined to |
| 100 | review the ultrasound and did so of her own free will |
| 101 | without undue influence; revising requirements for |
| 102 | written materials; |