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Senator Webster moved the following substitute for amendment

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(343562):

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     Senate Amendment (with title amendment)

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     Delete lines 115 through 175

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and insert:

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     Section 2.  Subsection (1) and paragraph (d) of subsection

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(3) of section 390.012, Florida Statutes, are amended to read:

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     390.012  Powers of agency; rules; disposal of fetal

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remains.--

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     (1)  The agency may develop and enforce rules pursuant to

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ss. 390.011-390.018 390.001-390.018 and part II of chapter 408

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for the health, care, and treatment of persons in abortion

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clinics and for the safe operation of such clinics.

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     (a)  The rules shall be reasonably related to the

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preservation of maternal health of the clients.

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     (b)  The rules shall be in accordance with s. 797.03 and may

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not impose an unconstitutional burden on a woman's freedom to

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decide whether to terminate her pregnancy.

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     (c)  The rules shall provide for:

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     1.  The performance of pregnancy termination procedures only

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by a licensed physician.

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     2.  The making, protection, and preservation of patient

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records, which shall be treated as medical records under chapter

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458.

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     (3)  For clinics that perform or claim to perform abortions

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after the first trimester of pregnancy, the agency shall adopt

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rules pursuant to ss. 120.536(1) and 120.54 to implement the

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provisions of this chapter, including the following:

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     (d)  Rules relating to the medical screening and evaluation

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of each abortion clinic patient. At a minimum, these rules shall

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require:

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     1.  A medical history including reported allergies to

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medications, antiseptic solutions, or latex; past surgeries; and

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an obstetric and gynecological history.

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     2.  A physical examination, including a bimanual examination

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estimating uterine size and palpation of the adnexa.

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     3.  The appropriate laboratory tests, including:

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     a. For an abortion in which an ultrasound examination is

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not performed before the abortion procedure, Urine or blood tests

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for pregnancy performed before the abortion procedure.

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     b.  A test for anemia.

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     c.  Rh typing, unless reliable written documentation of

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blood type is available.

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     d.  Other tests as indicated from the physical examination.

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     4. An ultrasound evaluation for all patients who elect to

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have an abortion after the first trimester. The rules shall

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require that if a person who is not a physician performs an

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ultrasound examination, that person shall have 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 in rule. The physician,

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registered nurse, licensed practical nurse, advanced registered

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nurse practitioner, or physician assistant shall review and

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explain , at the request of the patient, the live ultrasound

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images evaluation results, including an estimate of the probable

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gestational age of the fetus, with the patient before the

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abortion procedure is performed, unless the patient declines

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pursuant to s. 390.0111. If the patient declines to view the live

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ultrasound images, the rules shall require that s. 390.0111 be

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complied with in all other respects.

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     5.  That the physician is responsible for estimating the

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gestational age of the fetus based on the ultrasound examination

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and obstetric standards in keeping with established standards of

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care regarding the estimation of fetal age as defined in rule and

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shall write the estimate in the patient's medical history. The

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physician shall keep original prints of each ultrasound

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examination of a patient in the patient's medical history file.

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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 15 through 21

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and insert:

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revising requirements for written materials; amending s.

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390.012, F.S.; conforming cross-references; requiring

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ultrasounds for all patients; requiring that live

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ultrasound images be reviewed and explained to the

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patient; requiring that all other provisions in s.

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390.0111, F.S., be complied with if the patient declines

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to view her live ultrasound images; providing for

4/24/2008  8:37:00 AM     9-08575-08