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

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