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; |