HB 1397

1	A bill to be entitled
2	An act relating to abortions; amending s. 390.0111, F.S.;
3	restricting the circumstances in which an abortion may be
4	performed in the third trimester or after viability;
5	requiring an abortion clinic to provide conspicuous notice
6	on any form or medium of advertisement that the abortion
7	clinic is prohibited from performing abortions in the
8	third trimester or after viability; requiring a physician
9	that offers to perform or performs terminations of
10	pregnancy to complete continuing education related to
11	ethics; prohibiting a termination of pregnancy from being
12	performed in a location other than a validly licensed
13	hospital, abortion clinic, or physician's office;
14	prohibiting a person from establishing, conducting,
15	managing, or operating an abortion clinic without a valid,
16	current license; prohibiting a person from performing or
17	assisting in performing an abortion on a person in the
18	third trimester or after viability, other than in a
19	hospital; requiring an abortion clinic to be owned and
20	operated by a physician who has received training during
21	residency in performing a dilation-and-curettage procedure
22	or a dilation-and-evacuation procedure; providing a
23	penalty; providing that failure to dispose of fetal
24	remains in accordance with rules of the Department of
25	Health is a misdemeanor of the first degree rather than a
26	misdemeanor of the second degree; clarifying provisions
27	providing that it is a first-degree misdemeanor to
28	unlawfully advertise how to obtain a miscarriage of a
29	woman pregnant with a child; requiring the Department of
30	Health to permanently revoke the license of any health
31	care practitioner who is convicted or found guilty of, or
32	enters a plea of guilty or nolo contendere to, regardless
33	of adjudication, certain felony criminal acts; requiring
34	the Agency for Health Care Administration to submit to the
35	Governor and Legislature an annual report of aggregate
36	statistical data relating to abortions and provide such
37	data on its website; amending s. 390.0112, F.S.; requiring
38	the director of a medical facility or physician's office
39	to submit a report to the agency following each
40	termination of pregnancy on a form developed by the agency
41	consistent with the U.S. Standard Report of Induced
42	Termination of Pregnancy from the Centers for Disease
43	Control and Prevention; requiring the agency to submit
44	reported data to the Division of Reproductive Health
45	within the Centers for Disease Control and Prevention;
46	amending s. 390.012, F.S.; requiring the agency to adopt
47	rules that prescribe standards for placing conspicuous
48	notice on any form or medium of advertisement of an
49	abortion clinic which states that the abortion clinic is
50	prohibited from performing abortions in the third
51	trimester or after viability; amending s. 456.013, F.S.;
52	requiring that each applicable board require a physician
53	who offers to perform or performs terminations of
54	pregnancy to annually complete a course relating to ethics
55	as part of the licensure and renewal process; providing
56	that the course counts toward the total number of
57	continuing education hours required for the profession;
58	requiring the applicable board to approve the course;
59	repealing s. 797.02, F.S., relating to the advertising of
60	drugs for abortions; repealing s. 797.03, F.S., relating
61	to prohibited acts related to abortions and their
62	penalties; providing for severability; providing an
63	effective date.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Subsections (1), (2), (7), and (10) of section
68	390.0111, Florida Statutes, are amended, and subsection (12) is
69	added to that section, to read:
70	390.0111  Termination of pregnancies.-
71	(1)  TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.-
72	(a)  A No termination of pregnancy may not shall be
73	performed after the period at which, in the best medical
74	judgment of the physician, the fetus has attained viability, as
75	defined in subsection (4), or on any person human being in the
76	third trimester of pregnancy unless the termination of pregnancy
77	is performed in a hospital, and:
78	1.(a)  Two physicians certify in writing to the existence
79	of a medical emergency, as defined in s. 390.01114(2)(d) fact
80	that, to a reasonable degree of medical probability, the
81	termination of pregnancy is necessary to save the life or
82	preserve the health of the pregnant woman; or
83	2.(b)  The physician certifies in writing to the existence
84	of a medical emergency, as defined in s. 390.01114(2)(d) medical
85	necessity for legitimate emergency medical procedures for
86	termination of pregnancy in the third trimester, and another
87	physician is not available for consultation.
88	(b)  An abortion clinic must provide conspicuous notice on
89	any form or medium of advertisement that the abortion clinic is
90	prohibited from performing abortions in the third trimester or
91	after viability.
92	(2)  PHYSICIAN, LOCATION, AND CLINIC LICENSURE AND
93	OWNERSHIP REQUIREMENTS PERFORMANCE BY PHYSICIAN REQUIRED.-No
94	termination of pregnancy shall be performed at any time except
95	by a physician as defined in s. 390.011. A physician who offers
96	to perform or performs terminations of pregnancy in an abortion
97	clinic shall annually complete a minimum of 3 hours of
98	continuing education that must relate to ethics.
99	(a)  Except for procedures that must be conducted in a
100	hospital or in emergency-care situations, a termination of
101	pregnancy may not be performed in a location other than in a
102	validly licensed hospital, abortion clinic, or physician's
103	office.
104	(b)  A person may not establish, conduct, manage, or
105	operate an abortion clinic without a valid current license.
106	(c)  A person may not perform or assist in performing an
107	abortion on a person in the third trimester or after viability,
108	other than in a hospital.
109	(d)  Other than abortion clinics licensed before October 1,
110	2011, an abortion clinic must be wholly owned and operated by a
111	physician who has received training during residency in
112	performing a dilation-and-curettage procedure or a dilation-and-
113	evacuation procedure.
114	(e)  A person who willfully violates paragraph (b),
115	paragraph (c), or paragraph (d) commits a misdemeanor of the
116	second degree, punishable as provided in s. 775.082 or s.
117	775.083.
118	(7)  FETAL REMAINS.-Fetal remains shall be disposed of in a
119	sanitary and appropriate manner and in accordance with standard
120	health practices, as provided by rule of the Department of
121	Health. Failure to dispose of fetal remains in accordance with
122	department rules is a misdemeanor of the first second degree,
123	punishable as provided in s. 775.082 or s. 775.083.
124	(10)  PENALTIES FOR VIOLATION.-
125	(a)  Except as provided in subsections (3) and (7):
126	1.(a)  Any person who willfully performs, or actively
127	participates in, a termination of pregnancy procedure in
128	violation of the requirements of this section commits a felony
129	of the third degree, punishable as provided in s. 775.082, s.
130	775.083, or s. 775.084.
131	2.(b)  Any person who performs, or actively participates
132	in, a termination of pregnancy procedure in violation of the
133	provisions of this section which results in the death of the
134	woman commits a felony of the second degree, punishable as
135	provided in s. 775.082, s. 775.083, or s. 775.084.
136	3.  A person who knowingly advertises, prints, publishes,
137	distributes, or circulates, or knowingly causes to be
138	advertised, printed, published, distributed, or circulated, any
139	pamphlet, printed paper, book, newspaper notice, advertisement,
140	or reference containing words or language giving or conveying
141	any notice, hint, or reference to any person, or the name of any
142	person, real or fictitious, from whom, or to any place, house,
143	shop, or office where any poison, drug, mixture, preparation,
144	medicine, or noxious thing, or any instrument or means whatever,
145	or any advice, direction, information, or knowledge may be
146	obtained for the purpose of causing or procuring the miscarriage
147	of any woman pregnant with child, commits a misdemeanor of the
148	first degree, punishable as provided in s. 775.082 or s.
149	775.083.
150	(b)  The department shall permanently revoke the license of
151	any licensed health care practitioner who has been convicted or
152	found guilty of, or entered a plea of guilty or nolo contendere
153	to, regardless of adjudication, a felony criminal act provided
154	in paragraph (a).
155	(12)  RESPONSIBILITIES OF THE AGENCY.-Before each general
156	legislative session, the agency shall submit to the Governor,
157	the President of the Senate, and the Speaker of the House of
158	Representatives an annual report of aggregate statistical data
159	relating to abortions, which has been reported to the Division
160	of Reproductive Health within the Centers for Disease Control
161	and Prevention, and shall provide such data on its website. Any
162	information required to be reported under this subsection must
163	not include any personal identifying information.
164	Section 2.  Subsection (1) of section 390.0112, Florida
165	Statutes, is amended to read:
166	390.0112  Termination of pregnancies; reporting.-
167	(1)  The director of any medical facility or physician's
168	office in which any pregnancy is terminated shall submit a
169	monthly report to the agency following each termination, on a
170	form developed by the agency which is consistent with the U.S.
171	Standard Report of Induced Termination of Pregnancy from the
172	Centers for Disease Control and Prevention which contains the
173	number of procedures performed, the reason for same, and the
174	period of gestation at the time such procedures were performed
175	to the agency. The agency shall be responsible for keeping such
176	reports in a central place from which statistical data and
177	analysis can be made. The agency shall submit reported data to
178	the Division of Reproductive Health within the Centers for
179	Disease Control and Prevention.
180	Section 3.  Paragraph (a) of subsection (3) of section
181	390.012, Florida Statutes, is amended to read:
182	390.012  Powers of agency; rules; disposal of fetal
183	remains.-
184	(3)  For clinics that perform or claim to perform abortions
185	after the first trimester of pregnancy, the agency shall adopt
186	rules pursuant to ss. 120.536(1) and 120.54 to implement the
187	provisions of this chapter, including the following:
188	(a)  Rules for an abortion clinic's physical facilities. At
189	a minimum, these rules shall prescribe standards for:
190	1.  Adequate private space that is specifically designated
191	for interviewing, counseling, and medical evaluations.
192	2.  Dressing rooms for staff and patients.
193	3.  Appropriate lavatory areas.
194	4.  Areas for preprocedure hand washing.
195	5.  Private procedure rooms.
196	6.  Adequate lighting and ventilation for abortion
197	procedures.
198	7.  Surgical or gynecological examination tables and other
199	fixed equipment.
200	8.  Postprocedure recovery rooms that are equipped to meet
201	the patients' needs.
202	9.  Emergency exits to accommodate a stretcher or gurney.
203	10.  Areas for cleaning and sterilizing instruments.
204	11.  Adequate areas for the secure storage of medical
205	records and necessary equipment and supplies.
206	12.  The display in the abortion clinic, in a place that is
207	conspicuous to all patients, of the clinic's current license
208	issued by the agency.
209	13.  Conspicuous notice to be provided on any form or
210	medium of advertisement of the abortion clinic, which must state
211	that the abortion clinic is prohibited from performing abortions
212	in the third trimester or after viability.
213	Section 4.  Subsection (7) of section 456.013, Florida
214	Statutes, is amended to read:
215	456.013  Department; general licensing provisions.-
216	(7)(a)  The boards, or the department when there is no
217	board, shall require the completion of a 2-hour course relating
218	to prevention of medical errors as part of the licensure and
219	renewal process. The 2-hour course shall count towards the total
220	number of continuing education hours required for the
221	profession. The course shall be approved by the board or
222	department, as appropriate, and shall include a study of root-
223	cause analysis, error reduction and prevention, and patient
224	safety. In addition, the course approved by the Board of
225	Medicine and the Board of Osteopathic Medicine shall include
226	information relating to the five most misdiagnosed conditions
227	during the previous biennium, as determined by the board. If the
228	course is being offered by a facility licensed pursuant to
229	chapter 395 for its employees, the board may approve up to 1
230	hour of the 2-hour course to be specifically related to error
231	reduction and prevention methods used in that facility.
232	(b)  In accordance with the requirement under s. 390.0111,
233	the boards, or the department when there is no board, shall
234	require a physician who offers to perform or performs
235	terminations of pregnancy in an abortion clinic to annually
236	complete a 3-hour course related to ethics as part of the
237	licensure and renewal process. The 3-hour course shall count
238	toward the total number of continuing education hours required
239	for the profession. The applicable board, or the department when
240	there is no board, shall approve the course, as appropriate.
241	Section 5.  Section 797.02, Florida Statutes, is repealed.
242	Section 6.  Section 797.03, Florida Statutes, is repealed.
243	Section 7.  If any provision of this act is held invalid
244	with respect to any person or circumstance, the invalidity does
245	not affect other provisions or applications of the act which can
246	be given effect without the invalid provision or application,
247	and to this end the provisions of this act are declared
248	severable.
249	Section 8.  This act shall take effect October 1, 2011.

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