Florida Senate - 2009                                     SB 310
       
       
       
       By Senator Rich
       
       
       
       
       34-00171A-09                                           2009310__
    1                        A bill to be entitled                      
    2         An act relating to reproductive health services and
    3         family planning; creating the “Prevention First Act”;
    4         providing definitions; providing duties of licensed
    5         health care practitioners and facilities relating to
    6         the treatment of rape survivors; requiring the
    7         Department of Health to provide certain information;
    8         requiring the Agency for Health Care Administration to
    9         provide for enforcement and impose penalties;
   10         requiring the agency to adopt rules; amending s.
   11         390.011, F.S.; defining the term “contraception”;
   12         creating s. 390.027, F.S.; specifying that the
   13         provision of contraception is not subject to ch. 390,
   14         F.S., relating to the termination of pregnancies;
   15         creating s. 465.191, F.S.; providing definitions;
   16         requiring licensed pharmacies to dispense certain
   17         forms of contraception without delay; specifying
   18         conditions under which a pharmacy may refuse to
   19         provide a contraceptive; providing for a person to
   20         file a complaint with the Department of Health if he
   21         or she believes that a violation of such provisions
   22         has occurred; providing for the Attorney General to
   23         bring a civil action; amending ss. 465.016 and
   24         465.023, F.S.; providing that a violation of
   25         requirements for dispensing contraception constitutes
   26         grounds for the Department of Health or the Board of
   27         Pharmacy to impose disciplinary action or suspend or
   28         revoke a pharmacist's license or permit; providing for
   29         severability; providing an effective date.
   30  
   31         WHEREAS, although the Centers for Disease Control and
   32  Prevention included family planning in its published list of Ten
   33  Great Public Health Achievements in the 20th Century, the United
   34  States still has one of the highest rates of unintended
   35  pregnancies among industrialized nations, and
   36         WHEREAS, the Legislature finds that family planning is
   37  basic health care for women and that access to contraception
   38  helps women prevent unintended pregnancy and control the timing
   39  and spacing of planned births, and
   40         WHEREAS, 46.3 percent of pregnancies among women in this
   41  state are unintended according to the Florida Pregnancy Risk
   42  Assessment Monitoring System initiated by the United States
   43  Centers for Disease Control and Prevention and the Florida
   44  Department of Health, and
   45         WHEREAS, currently more than 1.7 million women in Florida
   46  are in need of contraceptive services and supplies, and
   47         WHEREAS, the Legislature finds that the victimization of
   48  women through rape is compounded by the possibility that the
   49  rape survivors may suffer unintended pregnancies, and half of
   50  such pregnancies end in abortion, and
   51         WHEREAS, women rely on prescription contraceptives for a
   52  range of medical purposes in addition to birth control, such as
   53  regulation of menstrual cycles and the treatment of
   54  endometriosis, and
   55         WHEREAS, the Legislature further finds that providing
   56  access to family planning information, family planning services,
   57  and birth control will prevent abortions and unintended
   58  pregnancies, thereby significantly reducing the number of women
   59  and teens who need medical assistance, Medicaid, Kidcare, and
   60  other social services, and
   61         WHEREAS, the Legislature recognizes that the most recent
   62  study of women in need of family planning services by the
   63  Florida State University Center for Prevention and Early
   64  Intervention Policy found that only 26 percent of women in this
   65  state who are in need of such services are currently receiving
   66  them, and
   67         WHEREAS, according to the Department of Health's Family
   68  Planning Program, for every dollar spent on family planning
   69  services, up to $24 is saved as a result of averting
   70  expenditures for public programs that support women who have
   71  unintended pregnancies and their infants, NOW, THEREFORE,
   72  
   73  Be It Enacted by the Legislature of the State of Florida:
   74         
   75         Section 1. This act may be cited as the “Prevention First
   76  Act.”
   77         Section 2. Treatment for survivors of rape.—
   78         (1) DEFINITIONS.—As used in this section, the term:
   79         (a) “Agency” means the Agency for Health Care
   80  Administration.
   81         (b) “Care to a rape survivor” means medical examinations,
   82  procedures, and services provided to a rape survivor.
   83         (c) “Department” means the Department of Health.
   84         (d) “Emergency contraception” means one or more
   85  prescription or over-the-counter drugs used separately or in
   86  combination to be administered to or self-administered by a
   87  patient to prevent pregnancy within a medically recommended
   88  amount of time after sexual intercourse and dispensed for that
   89  purpose, in accordance with professional standards of practice,
   90  and determined to be safe by the United States Food and Drug
   91  Administration.
   92         (e) “Health care facility” means a facility licensed under
   93  chapter 395, Florida Statutes.
   94         (f) “Incest” means a sexual offense described in s. 826.04,
   95  Florida Statutes.
   96         (g) “Medically and factually accurate” means information
   97  that is supported by the weight of research conducted in
   98  compliance with accepted scientific methods and that is
   99  recognized as accurate and objective by leading professional
  100  organizations and agencies having relevant expertise in the
  101  field.
  102         (h) “Rape” means sexual battery as described in ss. 794.011
  103  and 827.071, Florida Statutes.
  104         (i) “Rape survivor” means a person who alleges or is
  105  alleged to have been raped or who is the victim of alleged
  106  incest and because of the alleged offense seeks treatment as a
  107  patient.
  108         (2) DUTIES OF LICENSED PRACTITIONERS AND FACILITIES.—
  109         (a) A health care practitioner licensed under chapter 458,
  110  chapter 459, or chapter 464, Florida Statutes, or a health care
  111  facility licensed under chapter 395, Florida Statutes, providing
  112  care to a rape survivor shall:
  113         1. Provide each female rape survivor with medically and
  114  factually accurate, clear, and concise information concerning
  115  emergency contraception, including its indications and
  116  contraindications and the risks associated with its use.
  117         2. Inform each female rape survivor of her medical option
  118  to receive emergency contraception.
  119         (b) If emergency contraception is requested, the health
  120  care practitioner or health care facility shall immediately
  121  provide the female rape survivor with the complete regimen of
  122  emergency contraception, unless contraindicated as determined by
  123  a pregnancy test approved by the United States Food and Drug
  124  Administration.
  125         (c) The Agency for Health Care Administration, with input
  126  from the Florida Hospital Association and the Florida Council
  127  Against Sexual Violence, shall adopt a protocol to implement the
  128  requirements of this subsection.
  129         (3) PATIENT INFORMATION.—
  130         (a) The department shall:
  131         1. Develop, prepare, and produce informational materials
  132  relating to emergency contraception for the prevention of
  133  pregnancy for distribution to and use in all health care
  134  facilities in the state which provide care to rape survivors, in
  135  quantities sufficient to comply with the requirements of this
  136  section, to the extent that funds are available.
  137         2. Develop, prepare, and post information on the
  138  department's Internet website relating to the duty of licensed
  139  health care practitioners and health care facilities to provide
  140  emergency contraception to female rape survivors.
  141         (b) Information provided to female rape survivors or female
  142  victims of sexual assault must:
  143         1. Be medically and factually accurate;
  144         2. Be clearly written, readily comprehensible, and
  145  culturally appropriate as determined by the department, in
  146  collaboration with community sexual assault programs and other
  147  relevant stakeholders; and
  148         3. Explain the nature of emergency contraception, including
  149  its use, safety, efficacy, and availability.
  150         (4) ENFORCEMENT AND PENALTIES.—
  151         (a) In addition to any other remedies provided by law, the
  152  agency shall respond to complaints, using all available
  153  investigative tools, and shall periodically review whether a
  154  health care facility is in compliance with this section. If the
  155  agency finds that a health care facility is not in compliance
  156  with this section, the agency shall:
  157         1. Impose a fine of $5,000 per woman who is:
  158         a. Denied medically and factually accurate and objective
  159  information about emergency contraception;
  160         b. Not informed of her medical option to receive emergency
  161  contraception; or
  162         c. Not provided the complete regimen of emergency
  163  contraception, if emergency contraception is requested.
  164         2. Impose a fine of $5,000 for failure to comply with this
  165  section. For every 30 days that a health care facility is not in
  166  compliance with this section, an additional fine of $5,000 shall
  167  be imposed.
  168         (b) The agency shall adopt rules as necessary to administer
  169  the provisions of this section.
  170         Section 3. Subsection (9) is added to section 390.011,
  171  Florida Statutes, to read:
  172         390.011 Definitions.—As used in this chapter, the term:
  173         (9) “Contraception” means any drug or device approved by
  174  the United States Food and Drug Administration to prevent
  175  pregnancy.
  176         Section 4. Section 390.027, Florida Statutes, is created to
  177  read:
  178         390.027 Access to contraception.—The provision of
  179  contraception is not subject to or governed by this chapter.
  180         Section 5. Section 465.191, Florida Statutes, is created to
  181  read:
  182         465.191 Patient contraceptive protection.—
  183         (1) DEFINITIONS.—As used in this section, the term:
  184         (a) “Contraception” or “contraceptive” means any
  185  prescription drug or over-the-counter oral contraceptive
  186  approved by the United States Food and Drug Administration to
  187  prevent pregnancy.
  188         (b) “Employee” means a person hired, by contract or any
  189  other form of agreement, by a pharmacy.
  190         (c) “Product” means a drug or device approved by the United
  191  States Food and Drug Administration.
  192         (d) “Professional clinical judgment” means the use of
  193  professional knowledge and skills to form a clinical judgment in
  194  accordance with prevailing medical standards.
  195         (e) “Without delay,” with respect to a pharmacy dispensing
  196  a prescription for contraception, means within the pharmacy's
  197  customary timeframe for dispensing the prescription for other
  198  products.
  199         (2) DUTIES OF LICENSED PHARMACIES.—
  200         (a) If a patient requests a contraceptive that is in stock,
  201  the pharmacy shall ensure that the contraceptive is provided to
  202  the patient or patient representative without delay.
  203         (b) A pharmacy shall ensure that its employees do not:
  204         1. Intimidate, threaten, or harass a patient in the
  205  delivery of services relating to a request for contraception;
  206         2. Interfere with or obstruct the delivery of services
  207  relating to a request for contraception;
  208         3. Intentionally misrepresent or deceive a patient about
  209  the availability of contraception or its mechanism of action;
  210         4. Breach medical confidentiality with respect to a request
  211  for contraception or threaten to breach such confidentiality; or
  212         5. Refuse to return a valid, lawful prescription for
  213  contraception upon a patient's or patient representative's
  214  request.
  215         (c) This section does not prohibit a pharmacy from refusing
  216  to provide a contraceptive to a patient if:
  217         1. It is unlawful to dispense the contraceptive to the
  218  patient without a valid, lawful prescription and such
  219  prescription is not presented;
  220         2. The patient or patient representative is unable to pay
  221  for the contraceptive; or
  222         3. The employee of the pharmacy refuses to provide the
  223  contraceptive on the basis of a professional clinical judgment.
  224         (d) This section does not prevent a pharmacist or other
  225  person from refusing to furnish any in-stock contraceptive for
  226  religious reasons so long as the pharmacy reasonably
  227  accommodates the patient or patient representative without delay
  228  and in compliance with this section.
  229         (e) This section does not alter any standard established
  230  under the Florida Civil Rights Act of 1992.
  231         (f) Any person who believes that a violation of this
  232  section has occurred may file a complaint with the Department of
  233  Health.
  234         (g) If the Attorney General has reasonable cause to believe
  235  that any person or group of persons is being, has been, or may
  236  be injured by conduct constituting a violation of this section,
  237  the Attorney General may bring a civil action in the name of the
  238  state, as parens patriae on behalf of natural persons residing
  239  in the state.
  240         Section 6. Paragraph (t) is added to subsection (1) of
  241  section 465.016, Florida Statutes, to read:
  242         465.016 Disciplinary actions.—
  243         (1) The following acts constitute grounds for denial of a
  244  license or disciplinary action, as specified in s. 456.072(2):
  245         (t) Violating the provisions of s. 465.191.
  246         Section 7. Subsection (1) of section 465.023, Florida
  247  Statutes, is amended to read:
  248         465.023 Pharmacy permittee; disciplinary action.—
  249         (1) The department or the board may revoke or suspend the
  250  permit of any pharmacy permittee, and may fine, place on
  251  probation, or otherwise discipline any pharmacy permittee who
  252  has:
  253         (a) Obtained a permit by misrepresentation or fraud or
  254  through an error of the department or the board;
  255         (b) Attempted to procure, or has procured, a permit for any
  256  other person by making, or causing to be made, any false
  257  representation;
  258         (c) Violated any of the requirements of this chapter or any
  259  of the rules of the Board of Pharmacy; of chapter 499, known as
  260  the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392,
  261  known as the “Federal Food, Drug, and Cosmetic Act”; of 21
  262  U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
  263  Prevention and Control Act; or of chapter 893;
  264         (d) Been convicted or found guilty, regardless of
  265  adjudication, of a felony or any other crime involving moral
  266  turpitude in any of the courts of this state, of any other
  267  state, or of the United States; or
  268         (e) Dispensed any medicinal drug based upon a communication
  269  that purports to be a prescription as defined by s. 465.003(14)
  270  or s. 893.02 when the pharmacist knows or has reason to believe
  271  that the purported prescription is not based upon a valid
  272  practitioner-patient relationship that includes a documented
  273  patient evaluation, including history and a physical examination
  274  adequate to establish the diagnosis for which any drug is
  275  prescribed and any other requirement established by board rule
  276  under chapter 458, chapter 459, chapter 461, chapter 463,
  277  chapter 464, or chapter 466; or.
  278         (f) Violated the provisions of s. 465.191.
  279         Section 8. If any provision of this act or the application
  280  thereof to any person or circumstance is held invalid, the
  281  invalidity does not affect other provisions or applications of
  282  the act which can be given effect without the invalid provision
  283  or application, and to this end the provisions of this act are
  284  severable.
  285         Section 9. This act shall take effect upon becoming a law.