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Senators Bennett, Rich, King, Dockery, Deutch, Margolis, and

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Joyner moved the following substitute for amendment (386098):

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsections (1) and (3) of section 390.0111,

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Florida Statutes, are amended to read:

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     390.0111  Termination of pregnancies.--

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     (1)  TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.--

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     (a) No termination of pregnancy shall be performed on any

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human being in the third trimester of pregnancy unless:

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     1.(a) The abortion is performed in a hospital; and

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     2.a. Two physicians certify in writing to the fact that, to

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a reasonable degree of medical probability, the termination of

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pregnancy is necessary to save the life or preserve the health of

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the pregnant woman; or

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     b.(b) The physician certifies in writing to the medical

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necessity for legitimate emergency medical procedures for

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termination of pregnancy in the third trimester, and another

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physician is not available for consultation.

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     (b) 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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     (3)  CONSENTS REQUIRED.--A termination of pregnancy may not

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be performed or induced except with the voluntary and informed

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written consent of the pregnant woman or, in the case of a mental

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incompetent, the voluntary and informed written consent of her

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court-appointed guardian.

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     (a)  Except in the case of a medical emergency, consent to a

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termination of pregnancy is voluntary and informed only if:

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     1.  The physician who is to perform the procedure, or the

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referring physician, has, at a minimum, orally, in person,

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informed the woman of:

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     a.  The nature and risks of undergoing or not undergoing the

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proposed procedure that a reasonable patient would consider

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material to making a knowing and willful decision of whether to

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terminate a pregnancy.

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     b.  The probable gestational age of the fetus at the time

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the termination of pregnancy is to be performed.

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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.

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     b.  A list of 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) If an ultrasound is performed at any time before an

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abortion is performed or the physician or health care

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professional working in conjunction with the physician determines

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that an ultrasound will be performed as part of the abortion

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procedure, such physician or health care professional working in

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conjunction with the physician shall offer the woman the

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opportunity to view a live ultrasound image and, upon the request

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of the woman, contemporaneously review and explain the live

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ultrasound images.

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     1. The ultrasound must be performed by the physician who is

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to perform the abortion or by a health care professional under

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such physician's supervision.

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     2. The woman has the 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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the opportunity to view such ultrasound images.

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     3. The requirements in this paragraph must be performed at

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no additional charge to the pregnant woman.

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This paragraph does not apply if the woman is a victim of rape or

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incest or if the woman has been diagnosed as having a condition

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

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judgment, so threatens the health or life of the pregnant woman

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as to necessitate the immediate termination of her pregnancy.

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     (d)(c) Violation of this subsection by a physician

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constitutes grounds for disciplinary action under s. 458.331 or

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s. 459.015. Substantial compliance or reasonable belief that

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complying with the requirements of informed consent would

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threaten the life or health of the patient is a defense to any

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action brought under this paragraph.

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     Section 2. If any provision of this act or the application

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thereof to any person or circumstance is held invalid, the

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invalidity does not affect other provisions or applications of

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the act which can be given effect without the invalid provision

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or application, and to this end the provisions of this act are

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declared severable.

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     Section 3.  This act shall take effect July 1, 2008.

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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 everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to abortion; amending s. 390.0111, F.S.;.

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requiring a physician or health care professional to offer

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a pregnant woman the opportunity to view a live ultrasound

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image and, upon request, review and explain the images

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under certain circumstances; requiring that the ultrasound

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be performed by the physician or health care professional

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who will perform the abortion; providing for the right to

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decline an opportunity to view the ultrasound images;

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requiring that the services be performed at no additional

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charge; providing an exception if the woman is a victim of

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rape or incest or has been diagnosed as having a condition

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that necessitates the immediate termination of the

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pregnancy; providing for severability; providing an

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effective date.

4/24/2008  8:06:00 PM     21-08692-08