CS/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 an unlawful abortion;
29	requiring the Department of Health to permanently revoke
30	the license of any health care practitioner who is
31	convicted or found guilty of, or enters a plea of guilty
32	or nolo contendere to, regardless of adjudication, certain
33	felony criminal acts; requiring the Agency for Health Care
34	Administration to submit to the Governor and Legislature
35	an annual report of aggregate statistical data relating to
36	abortions and provide such data on its website; providing
37	that failure to comply with the requirements of the
38	section is grounds for disciplinary action; requiring
39	rulemaking; amending s. 390.0112, F.S.; requiring the
40	director of a medical facility or physician's office to
41	submit a monthly report to the agency on a form developed
42	by the agency consistent with the U.S. Standard Report of
43	Induced Termination of Pregnancy from the Centers for
44	Disease Control and Prevention; requiring the agency to
45	submit reported data to the Division of Reproductive
46	Health within the Centers for Disease Control and
47	Prevention; providing rulemaking authority; amending s.
48	390.012, F.S.; requiring the agency to adopt rules that
49	prescribe standards for placing conspicuous notice on any
50	form or medium of advertisement of an abortion clinic
51	which states that the abortion clinic is prohibited from
52	performing abortions in the third trimester or after
53	viability; amending s. 456.013, F.S.; requiring that each
54	applicable board require a physician who offers to perform
55	or performs terminations of pregnancy to annually complete
56	a board-approved course relating to ethics as part of the
57	licensure and renewal process; providing that the course
58	counts toward the total number of continuing education
59	hours required for the profession; repealing s. 797.02,
60	F.S., relating to the advertising of drugs for abortions;
61	repealing s. 797.03, F.S., relating to prohibited acts
62	related to abortions and their penalties; providing for
63	severability; providing an 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 subsections (12),
69	(13), and (14) are 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 performing an abortion in violation
148	of this chapter, commits a misdemeanor of the first degree,
149	punishable as provided in s. 775.082 or s. 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	(13)  FAILURE TO COMPLY.-Failure to comply with the
165	requirements of this section is grounds for disciplinary action
166	under each respective practice act and under s. 456.072.
167	(14)  RULES.-The applicable boards, or the department where
168	there is no board, shall adopt rules necessary to implement the
169	provisions of this section.
170	Section 2.  Subsection (1) of section 390.0112, Florida
171	Statutes, is amended, and subsection (5) is added to that
172	section, to read:
173	390.0112  Termination of pregnancies; reporting.-
174	(1)  The director of any medical facility or physician's
175	office in which any pregnancy is terminated shall submit a
176	monthly report to the agency, on a form developed by the agency
177	which is consistent with the U.S. Standard Report of Induced
178	Termination of Pregnancy from the Centers for Disease Control
179	and Prevention which contains the number of procedures
180	performed, the reason for same, and the period of gestation at
181	the time such procedures were performed to the agency. The
182	agency shall be responsible for keeping such reports in a
183	central place from which statistical data and analysis can be
184	made. The agency shall submit reported data to the Division of
185	Reproductive Health within the Centers for Disease Control and
186	Prevention.
187	(5)  The agency may adopt rules necessary to implement this
188	section.
189	Section 3.  Paragraph (a) of subsection (3) of section
190	390.012, Florida Statutes, is amended to read:
191	390.012  Powers of agency; rules; disposal of fetal
192	remains.-
193	(3)  For clinics that perform or claim to perform abortions
194	after the first trimester of pregnancy, the agency shall adopt
195	rules pursuant to ss. 120.536(1) and 120.54 to implement the
196	provisions of this chapter, including the following:
197	(a)  Rules for an abortion clinic's physical facilities. At
198	a minimum, these rules shall prescribe standards for:
199	1.  Adequate private space that is specifically designated
200	for interviewing, counseling, and medical evaluations.
201	2.  Dressing rooms for staff and patients.
202	3.  Appropriate lavatory areas.
203	4.  Areas for preprocedure hand washing.
204	5.  Private procedure rooms.
205	6.  Adequate lighting and ventilation for abortion
206	procedures.
207	7.  Surgical or gynecological examination tables and other
208	fixed equipment.
209	8.  Postprocedure recovery rooms that are equipped to meet
210	the patients' needs.
211	9.  Emergency exits to accommodate a stretcher or gurney.
212	10.  Areas for cleaning and sterilizing instruments.
213	11.  Adequate areas for the secure storage of medical
214	records and necessary equipment and supplies.
215	12.  The display in the abortion clinic, in a place that is
216	conspicuous to all patients, of the clinic's current license
217	issued by the agency.
218	13.  Conspicuous notice to be provided on any form or
219	medium of advertisement of the abortion clinic, which must state
220	that the abortion clinic is prohibited from performing abortions
221	in the third trimester or after viability.
222	Section 4.  Subsection (7) of section 456.013, Florida
223	Statutes, is amended to read:
224	456.013  Department; general licensing provisions.-
225	(7)(a)  The boards, or the department when there is no
226	board, shall require the completion of a 2-hour course relating
227	to prevention of medical errors as part of the licensure and
228	renewal process. The 2-hour course shall count towards the total
229	number of continuing education hours required for the
230	profession. The course shall be approved by the board or
231	department, as appropriate, and shall include a study of root-
232	cause analysis, error reduction and prevention, and patient
233	safety. In addition, the course approved by the Board of
234	Medicine and the Board of Osteopathic Medicine shall include
235	information relating to the five most misdiagnosed conditions
236	during the previous biennium, as determined by the board. If the
237	course is being offered by a facility licensed pursuant to
238	chapter 395 for its employees, the board may approve up to 1
239	hour of the 2-hour course to be specifically related to error
240	reduction and prevention methods used in that facility.
241	(b)  In accordance with the requirement under s. 390.0111,
242	the boards, or the department when there is no board, shall
243	require a physician who offers to perform or performs
244	terminations of pregnancy in an abortion clinic to annually
245	complete a 3-hour board-approved course related to ethics as
246	part of the licensure and renewal process. The 3-hour course
247	shall count toward the total number of continuing education
248	hours required for the profession.
249	Section 5.  Section 797.02, Florida Statutes, is repealed.
250	Section 6.  Section 797.03, Florida Statutes, is repealed.
251	Section 7.  If any provision of this act is held invalid
252	with respect to any person or circumstance, the invalidity does
253	not affect other provisions or applications of the act which can
254	be given effect without the invalid provision or application,
255	and to this end the provisions of this act are declared
256	severable.
257	Section 8.  This act shall take effect October 1, 2011.

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