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 or a professional corporation or
21	limited liability company composed of physicians who have
22	received training during residency in performing a
23	dilation-and-curettage procedure and a dilation-and-
24	evacuation procedure; providing a penalty; providing that
25	failure to dispose of fetal remains in accordance with
26	rules of the Department of Health is a misdemeanor of the
27	first degree rather than a misdemeanor of the second
28	degree; clarifying provisions providing that it is a
29	first-degree misdemeanor to unlawfully advertise how to
30	obtain an unlawful abortion; requiring the Department of
31	Health to permanently revoke the license of any health
32	care practitioner who is convicted or found guilty of, or
33	enters a plea of guilty or nolo contendere to, regardless
34	of adjudication, certain felony criminal acts; requiring
35	the Agency for Health Care Administration to submit to the
36	Governor and Legislature an annual report of aggregate
37	statistical data relating to abortions; providing that
38	failure to comply with the requirements of the section is
39	grounds for disciplinary action; requiring rulemaking;
40	amending s. 390.0112, F.S.; requiring the director of a
41	medical facility or physician's office to submit a monthly
42	report to the agency on a form developed by the agency
43	consistent with the U.S. Standard Report of Induced
44	Termination of Pregnancy from the Centers for Disease
45	Control and Prevention; requiring the agency to submit
46	reported data to the Division of Reproductive Health
47	within the Centers for Disease Control and Prevention;
48	providing rulemaking authority; amending s. 390.012, F.S.;
49	requiring the agency to adopt rules that prescribe
50	standards for placing conspicuous notice on any form or
51	medium of advertisement of an abortion clinic which states
52	that the abortion clinic is prohibited from performing
53	abortions in the third trimester or after viability;
54	amending s. 456.013, F.S.; requiring that each applicable
55	board require a physician who offers to perform or
56	performs terminations of pregnancy to annually complete a
57	board-approved course relating to ethics as part of the
58	licensure and renewal process; providing that the course
59	counts toward the total number of continuing education
60	hours required for the profession; repealing s. 797.02,
61	F.S., relating to the advertising of drugs for abortions;
62	repealing s. 797.03, F.S., relating to prohibited acts
63	related to abortions and their penalties; providing for
64	severability; providing an effective date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  Subsections (1), (2), (7), and (10) of section
69	390.0111, Florida Statutes, are amended, and subsections (12),
70	(13), and (14) are added to that section, to read:
71	390.0111  Termination of pregnancies.-
72	(1)  TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.-
73	(a)  A No termination of pregnancy may not shall be
74	performed after the period at which, in the best medical
75	judgment of the physician, the fetus has attained viability, as
76	defined in subsection (4), or on any person human being in the
77	third trimester of pregnancy unless the termination of pregnancy
78	is performed in a hospital, and:
79	1.(a)  Two physicians certify in writing to the fact that,
80	to a reasonable degree of medical probability, the termination
81	of pregnancy is necessary to prevent the death of the pregnant
82	woman or prevent the substantial and irreversible impairment of
83	a major bodily function save the life or preserve the health of
84	the pregnant woman; or
85	2.(b)  The physician certifies in writing to the existence
86	of a medical emergency, as defined in s. 390.01114(2)(d) medical
87	necessity for legitimate emergency medical procedures for
88	termination of pregnancy in the third trimester, and another
89	physician is not available for consultation.
90	(b)  An abortion clinic must provide conspicuous notice on
91	any form or medium of advertisement that the abortion clinic is
92	prohibited from performing abortions in the third trimester or
93	after viability.
94	(2)  PHYSICIAN, LOCATION, AND CLINIC LICENSURE AND
95	OWNERSHIP REQUIREMENTS PERFORMANCE BY PHYSICIAN REQUIRED.-No
96	termination of pregnancy shall be performed at any time except
97	by a physician as defined in s. 390.011. A physician who offers
98	to perform or performs terminations of pregnancy in an abortion
99	clinic shall annually complete a minimum of 3 hours of
100	continuing education that must relate to ethics.
101	(a)  Except for procedures that must be conducted in a
102	hospital or in a medical emergency as defined in s. 390.01114, a
103	termination of pregnancy may not be performed in a location
104	other than in a validly licensed hospital, abortion clinic, or
105	physician's office.
106	(b)  A person may not establish, conduct, manage, or
107	operate an abortion clinic without a valid current license.
108	(c)  A person may not perform or assist in performing an
109	abortion on a person in the third trimester or after viability,
110	other than in a hospital.
111	(d)  Other than abortion clinics licensed before October 1,
112	2011, an abortion clinic must be wholly owned and operated by a
113	physician who has received training during residency in
114	performing a dilation-and-curettage procedure and a dilation-
115	and-evacuation procedure or a professional corporation or
116	limited liability company composed of physicians who have
117	received training during residency in performing a dilation-and-
118	curettage procedure and a dilation-and-evacuation procedure.
119	(e)  A person who willfully violates paragraph (a),
120	paragraph (b), paragraph (c), or paragraph (d) commits a
121	misdemeanor of the second degree, punishable as provided in s.
122	775.082 or s. 775.083.
123	(7)  FETAL REMAINS.-Fetal remains shall be disposed of in a
124	sanitary and appropriate manner and in accordance with standard
125	health practices, as provided by rule of the Department of
126	Health. Failure to dispose of fetal remains in accordance with
127	department rules is a misdemeanor of the first second degree,
128	punishable as provided in s. 775.082 or s. 775.083.
129	(10)  PENALTIES FOR VIOLATION.-
130	(a)  Except as provided in subsections (3) and (7):
131	1.(a)  Any person who willfully performs, or actively
132	participates in, a termination of pregnancy procedure in
133	violation of the requirements of this section commits a felony
134	of the third degree, punishable as provided in s. 775.082, s.
135	775.083, or s. 775.084.
136	2.(b)  Any person who performs, or actively participates
137	in, a termination of pregnancy procedure in violation of the
138	provisions of this section which results in the death of the
139	woman commits a felony of the second degree, punishable as
140	provided in s. 775.082, s. 775.083, or s. 775.084.
141	3.  A person who knowingly advertises, prints, publishes,
142	distributes, or circulates, or knowingly causes to be
143	advertised, printed, published, distributed, or circulated, any
144	pamphlet, printed paper, book, newspaper notice, advertisement,
145	or reference containing words or language giving or conveying
146	any notice, hint, or reference to any person, or the name of any
147	person, real or fictitious, from whom, or to any place, house,
148	shop, or office where any poison, drug, mixture, preparation,
149	medicine, or noxious thing, or any instrument or means whatever,
150	or any advice, direction, information, or knowledge may be
151	obtained for the purpose of performing an abortion in violation
152	of this chapter, commits a misdemeanor of the first degree,
153	punishable as provided in s. 775.082 or s. 775.083.
154	(b)  The department shall permanently revoke the license of
155	any licensed health care practitioner who has been convicted or
156	found guilty of, or entered a plea of guilty or nolo contendere
157	to, regardless of adjudication, a felony criminal act provided
158	in paragraph (a).
159	(12)  RESPONSIBILITIES OF THE AGENCY.-Before each general
160	legislative session, the agency shall submit to the Governor,
161	the President of the Senate, and the Speaker of the House of
162	Representatives an annual report of aggregate statistical data
163	relating to abortions, which has been reported to the Division
164	of Reproductive Health within the Centers for Disease Control
165	and Prevention. Any information required to be reported under
166	this subsection must not include any personal identifying
167	information.
168	(13)  FAILURE TO COMPLY.-Failure to comply with the
169	requirements of this section is grounds for disciplinary action
170	under each respective practice act and under s. 456.072.
171	(14)  RULES.-The applicable boards, or the department where
172	there is no board, shall adopt rules necessary to implement the
173	provisions of this section.
174	Section 2.  Subsection (1) of section 390.0112, Florida
175	Statutes, is amended, and subsection (5) is added to that
176	section, to read:
177	390.0112  Termination of pregnancies; reporting.-
178	(1)  The director of any medical facility or physician's
179	office in which any pregnancy is terminated shall submit a
180	monthly report to the agency, on a form developed by the agency
181	which is consistent with the U.S. Standard Report of Induced
182	Termination of Pregnancy from the Centers for Disease Control
183	and Prevention which contains the number of procedures
184	performed, the reason for same, and the period of gestation at
185	the time such procedures were performed to the agency. The
186	agency shall be responsible for keeping such reports in a
187	central place from which statistical data and analysis can be
188	made. The agency shall submit reported data to the Division of
189	Reproductive Health within the Centers for Disease Control and
190	Prevention.
191	(5)  The agency may adopt rules necessary to implement this
192	section.
193	Section 3.  Paragraph (a) of subsection (3) of section
194	390.012, Florida Statutes, is amended to read:
195	390.012  Powers of agency; rules; disposal of fetal
196	remains.-
197	(3)  For clinics that perform or claim to perform abortions
198	after the first trimester of pregnancy, the agency shall adopt
199	rules pursuant to ss. 120.536(1) and 120.54 to implement the
200	provisions of this chapter, including the following:
201	(a)  Rules for an abortion clinic's physical facilities. At
202	a minimum, these rules shall prescribe standards for:
203	1.  Adequate private space that is specifically designated
204	for interviewing, counseling, and medical evaluations.
205	2.  Dressing rooms for staff and patients.
206	3.  Appropriate lavatory areas.
207	4.  Areas for preprocedure hand washing.
208	5.  Private procedure rooms.
209	6.  Adequate lighting and ventilation for abortion
210	procedures.
211	7.  Surgical or gynecological examination tables and other
212	fixed equipment.
213	8.  Postprocedure recovery rooms that are equipped to meet
214	the patients' needs.
215	9.  Emergency exits to accommodate a stretcher or gurney.
216	10.  Areas for cleaning and sterilizing instruments.
217	11.  Adequate areas for the secure storage of medical
218	records and necessary equipment and supplies.
219	12.  The display in the abortion clinic, in a place that is
220	conspicuous to all patients, of the clinic's current license
221	issued by the agency.
222	13.  Conspicuous notice to be provided on any form or
223	medium of advertisement of the abortion clinic, which must state
224	that the abortion clinic is prohibited from performing abortions
225	in the third trimester or after viability.
226	Section 4.  Subsection (7) of section 456.013, Florida
227	Statutes, is amended to read:
228	456.013  Department; general licensing provisions.-
229	(7)(a)  The boards, or the department when there is no
230	board, shall require the completion of a 2-hour course relating
231	to prevention of medical errors as part of the licensure and
232	renewal process. The 2-hour course shall count towards the total
233	number of continuing education hours required for the
234	profession. The course shall be approved by the board or
235	department, as appropriate, and shall include a study of root-
236	cause analysis, error reduction and prevention, and patient
237	safety. In addition, the course approved by the Board of
238	Medicine and the Board of Osteopathic Medicine shall include
239	information relating to the five most misdiagnosed conditions
240	during the previous biennium, as determined by the board. If the
241	course is being offered by a facility licensed pursuant to
242	chapter 395 for its employees, the board may approve up to 1
243	hour of the 2-hour course to be specifically related to error
244	reduction and prevention methods used in that facility.
245	(b)  In accordance with the requirement under s. 390.0111,
246	the boards, or the department when there is no board, shall
247	require a physician who offers to perform or performs
248	terminations of pregnancy in an abortion clinic to annually
249	complete a 3-hour board-approved course related to ethics as
250	part of the licensure and renewal process. The 3-hour course
251	shall count toward the total number of continuing education
252	hours required for the profession.
253	Section 5.  Section 797.02, Florida Statutes, is repealed.
254	Section 6.  Section 797.03, Florida Statutes, is repealed.
255	Section 7.  If any provision of this act is held invalid
256	with respect to any person or circumstance, the invalidity does
257	not affect other provisions or applications of the act which can
258	be given effect without the invalid provision or application,
259	and to this end the provisions of this act are declared
260	severable.
261	Section 8.  This act shall take effect October 1, 2011.

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