Amendment
Bill No. 1497
Amendment No. 134923
CHAMBER ACTION
Senate House
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1Representative(s) Precourt offered the following:
2
3     Amendment (with directory and title amendments)
4     Remove line 21 and insert:
5     (3)  CONSENTS REQUIRED.--A termination of pregnancy may not
6be performed or induced except with the voluntary and informed
7written consent of the pregnant woman or, in the case of a
8mental incompetent, the voluntary and informed written consent
9of her court-appointed guardian.
10     (a)  Except in the case of a medical emergency, consent to
11a termination of pregnancy is voluntary and informed only if:
12     1.  The physician who is to perform the procedure, or the
13referring physician, has, at a minimum, orally, in person,
14informed the woman of:
15     a.  The nature and risks of undergoing or not undergoing
16the proposed procedure that a reasonable patient would consider
17material to making a knowing and willful decision of whether to
18terminate a pregnancy.
19     b.  The probable gestational age of the fetus, verified by
20an ultrasound, at the time the termination of pregnancy is to be
21performed.
22     (I)  The ultrasound must be performed by the physician who
23is to perform the abortion or person having documented evidence
24that he or she has completed a course in the operation of
25ultrasound equipment as prescribed by rule and who is working in
26conjunction with the physician.
27     (II)  The person performing the ultrasound must allow the
28woman to view the live ultrasound images and a physician, or a
29registered nurse, licensed practical nurse, advanced registered
30nurse practitioner, or physician assistant working in
31conjunction with the physician, must contemporaneously review
32and explain the live ultrasound images to the woman prior to the
33woman giving informed consent to having an abortion procedure
34performed.
35     (III)  The woman has a right to decline to view the
36ultrasound images after she is informed of her right to view
37them. If the woman declines to view the ultrasound images, the
38woman shall complete a form acknowledging that she was offered
39an opportunity to view her ultrasound but that she rejected that
40opportunity. The form must also indicate that the woman's
41decision not to view the ultrasound was not based on any undue
42influence from any third party to discourage her from viewing
43the images and that she declined to view the images of her own
44free will.
45     c.  The medical risks to the woman and fetus of carrying
46the pregnancy to term.
47     2.  Printed materials prepared and provided by the
48department have been provided to the pregnant woman, if she
49chooses to view these materials, including:
50     a.  A description of the fetus, including a description of
51the various stages of development.
52     b.  A list of entities agencies that offer alternatives to
53terminating the pregnancy.
54     c.  Detailed information on the availability of medical
55assistance benefits for prenatal care, childbirth, and neonatal
56care.
57     3.  The woman acknowledges in writing, before the
58termination of pregnancy, that the information required to be
59provided under this subsection has been provided.
60
61Nothing in this paragraph is intended to prohibit a physician
62from providing any additional information which the physician
63deems material to the woman's informed decision to terminate her
64pregnancy.
65     (b)  In the event a medical emergency exists and a
66physician cannot comply with the requirements for informed
67consent, a physician may terminate a pregnancy if he or she has
68obtained at least one corroborative medical opinion attesting to
69the medical necessity for emergency medical procedures and to
70the fact that to a reasonable degree of medical certainty the
71continuation of the pregnancy would threaten the life of the
72pregnant woman. In the event no second physician is available
73for a corroborating opinion, the physician may proceed but shall
74document reasons for the medical necessity in the patient's
75medical records.
76     (c)  Violation of this subsection by a physician
77constitutes grounds for disciplinary action under s. 458.331 or
78s. 459.015. Substantial compliance or reasonable belief that
79complying with the requirements of informed consent would
80threaten the life or health of the patient is a defense to any
81action brought under this paragraph.
82     (12)  WAITING PERIOD FOR ABORTION.--No physician shall
83
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
87Statutes, is amended, and subsection (12) is added to that
88section, to read:
89
90======= T I T L E  A M E N D M E N T =======
91     Remove line 2 and insert:
92An act relating to abortion; amending s. 390.0111,
93F.S.; requiring an ultrasound be performed on any
94woman obtaining an abortion; specifying who must
95perform an ultrasound; providing that the ultrasound
96must be reviewed with the patient prior to the woman
97giving informed consent; specifying who must review
98the ultrasound with the patient; providing that a
99woman must certify in writing that she declined to
100review the ultrasound and did so of her own free will
101without undue influence; revising requirements for
102written materials;


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