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Senator Webster moved the following substitute for amendment

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(445744):

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     Senate Amendment (with title amendment)

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     Delete lines 43 through 114

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and insert:

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     b. The probable gestational age of the fetus, verified by

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an ultrasound, at the time the termination of pregnancy is to be

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performed.

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     (I) The ultrasound must be performed by the physician who

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is to perform the abortion or by a person having documented

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evidence that he or she has completed a course in the operation

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of ultrasound equipment as prescribed by rule and who is working

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in conjunction with the physician.

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     (II) The person performing the ultrasound must allow the

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woman to view the live ultrasound images, and a physician or a

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registered nurse, licensed practical nurse, advanced registered

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nurse practitioner, or physician assistant working in conjunction

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with the physician must contemporaneously review and explain the

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live ultrasound images to the woman prior to the woman giving

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informed consent to having an abortion procedure performed.

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However, this sub-sub-subparagraph does not apply if, at the time

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the woman schedules or arrives for her appointment to obtain an

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abortion, a copy of a restraining order, police report, medical

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record, or other court order or documentation is presented that

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evidences that the woman is obtaining the abortion because the

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woman is a victim of rape, incest, domestic violence, or human

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trafficking or that the woman has been diagnosed with a condition

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that, on the basis of a physician's good faith clinical judgment,

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would create a serious risk of substantial and irreversible

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impairment of a major bodily function if the woman delayed

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terminating her pregnancy.

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     (III) The woman has a right to decline to view the

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ultrasound images after she is informed of her right and offered

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an opportunity to view them. If the woman declines to view the

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ultrasound images, the woman shall complete a form acknowledging

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that she was offered an opportunity to view her ultrasound but

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that she rejected that opportunity. The form must also indicate

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that the woman's decision not to view the ultrasound was not

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based on any undue influence from any third party to discourage

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her from viewing the images and that she declined to view the

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images of her own free will.

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     c.  The medical risks to the woman and fetus of carrying the

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pregnancy to term.

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     2.  Printed materials prepared and provided by the

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department have been provided to the pregnant woman, if she

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chooses to view these materials, including:

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     a. A description of the fetus, including a description of

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the various stages of development.

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     b. A list of entities agencies that offer alternatives to

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terminating the pregnancy.

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     c.  Detailed information on the availability of medical

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assistance benefits for prenatal care, childbirth, and neonatal

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care.

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     3.  The woman acknowledges in writing, before the

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termination of pregnancy, that the information required to be

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provided under this subsection has been provided.

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Nothing in this paragraph is intended to prohibit a physician

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from providing any additional information which the physician

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deems material to the woman's informed decision to terminate her

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pregnancy.

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     (b)  In the event a medical emergency exists and a physician

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cannot comply with the requirements for informed consent, a

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physician may terminate a pregnancy if he or she has obtained at

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least one corroborative medical opinion attesting to the medical

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necessity for emergency medical procedures and to the fact that

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to a reasonable degree of medical certainty the continuation of

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the pregnancy would threaten the life of the pregnant woman. In

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the event no second physician is available for a corroborating

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opinion, the physician may proceed but shall document reasons for

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the medical necessity in the patient's medical records.

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     (c)  Violation of this subsection by a physician constitutes

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grounds for disciplinary action under s. 458.331 or s. 459.015.

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Substantial compliance or reasonable belief that complying with

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the requirements of informed consent would threaten the life or

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health of the patient is a defense to any action brought under

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this paragraph.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 3 through 15

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and insert:

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requiring that an ultrasound be performed on any woman

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obtaining an abortion; specifying who must perform an

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ultrasound; requiring that the ultrasound be reviewed with

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the patient prior to the woman giving informed consent;

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specifying who must review the ultrasound with the

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patient; requiring that the woman certify in writing that

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she declined to review the ultrasound and did so of her

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own free will and without undue influence; providing an

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exemption from the requirement to view the ultrasound for

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women who are the victims of rape, incest, domestic

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violence, or human trafficking or for women who have a

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serious medical condition necessitating the abortion;

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revising requirements for written materials; amending s.

4/24/2008  8:55:00 AM     9-08572B-08