Florida Senate - 2022                                    SB 1642
       By Senator Farmer
       34-01490A-22                                          20221642__
    1                        A bill to be entitled                      
    2         An act relating to informed consent for termination of
    3         pregnancy; amending s. 390.0111, F.S.; deleting the
    4         requirement that a physician be physically present in
    5         the same room when informing a pregnant woman of
    6         specified information for purposes of obtaining
    7         informed consent for termination of a pregnancy;
    8         deleting the requirement that such information be
    9         provided within a specified timeframe; deleting the
   10         requirement that a physician perform an ultrasound on
   11         a pregnant woman and inform her of the probable
   12         gestational age of the fetus for purposes of obtaining
   13         informed consent for a termination of pregnancy;
   14         conforming provisions to changes made by the act;
   15         amending s. 390.01112, F.S.; conforming a provision to
   16         changes made by the act; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (3) of section 390.0111, Florida
   21  Statutes, is amended to read:
   22         390.0111 Termination of pregnancies.—
   23         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
   24  be performed or induced except with the voluntary and informed
   25  written consent of the pregnant woman or, in the case of a
   26  mentally incompetent pregnant woman mental incompetent, the
   27  voluntary and informed written consent of her court-appointed
   28  guardian.
   29         (a) Except in the case of a medical emergency, consent to a
   30  termination of pregnancy is voluntary and informed only if:
   31         1. The physician who is to perform the procedure, or the
   32  referring physician, has, at a minimum, orally, while physically
   33  present in the same room, and at least 24 hours before the
   34  procedure, informed the woman of:
   35         a. The nature and risks of undergoing or not undergoing the
   36  proposed procedure which that a reasonable patient would
   37  consider material to making a knowing and willful decision of
   38  whether to terminate a pregnancy.
   39         b. The probable gestational age of the fetus, verified by
   40  an ultrasound, at the time the termination of pregnancy is to be
   41  performed.
   42         (I) The ultrasound must be performed by the physician who
   43  is to perform the abortion or by a person having documented
   44  evidence that he or she has completed a course in the operation
   45  of ultrasound equipment as prescribed by rule and who is working
   46  in conjunction with the physician.
   47         (II) The person performing the ultrasound must offer the
   48  woman the opportunity to view the live ultrasound images and
   49  hear an explanation of them. If the woman accepts the
   50  opportunity to view the images and hear the explanation, a
   51  physician or a registered nurse, licensed practical nurse,
   52  advanced practice registered nurse, or physician assistant
   53  working in conjunction with the physician must contemporaneously
   54  review and explain the images to the woman before the woman
   55  gives informed consent to having an abortion procedure
   56  performed.
   57         (III) The woman has a right to decline to view and hear the
   58  explanation of the live ultrasound images after she is informed
   59  of her right and offered an opportunity to view the images and
   60  hear the explanation. If the woman declines, the woman shall
   61  complete a form acknowledging that she was offered an
   62  opportunity to view and hear the explanation of the images but
   63  that she declined that opportunity. The form must also indicate
   64  that the woman’s decision was not based on any undue influence
   65  from any person to discourage her from viewing the images or
   66  hearing the explanation and that she declined of her own free
   67  will.
   68         (IV) Unless requested by the woman, the person performing
   69  the ultrasound may not offer the opportunity to view the images
   70  and hear the explanation and the explanation may not be given
   71  if, at the time the woman schedules or arrives for her
   72  appointment to obtain an abortion, a copy of a restraining
   73  order, police report, medical record, or other court order or
   74  documentation is presented which provides evidence that the
   75  woman is obtaining the abortion because the woman is a victim of
   76  rape, incest, domestic violence, or human trafficking or that
   77  the woman has been diagnosed as having a condition that, on the
   78  basis of a physician’s good faith clinical judgment, would
   79  create a serious risk of substantial and irreversible impairment
   80  of a major bodily function if the woman delayed terminating her
   81  pregnancy.
   82         c. The medical risks to the woman and fetus of carrying the
   83  pregnancy to term.
   85  The physician may provide the information required in this
   86  subparagraph within 24 hours before the procedure if requested
   87  by the woman at the time she schedules or arrives for her
   88  appointment to obtain an abortion and if she presents to the
   89  physician a copy of a restraining order, police report, medical
   90  record, or other court order or documentation evidencing that
   91  she is obtaining the abortion because she is a victim of rape,
   92  incest, domestic violence, or human trafficking.
   93         2. Printed materials prepared and provided by the
   94  department have been provided to the pregnant woman, if she
   95  chooses to view these materials, including:
   96         a. A description of the fetus, including a description of
   97  the various stages of development.
   98         b. A list of entities that offer alternatives to
   99  terminating the pregnancy.
  100         c. Detailed information on the availability of medical
  101  assistance benefits for prenatal care, childbirth, and neonatal
  102  care.
  103         3. The woman acknowledges in writing, before the
  104  termination of pregnancy, that the information required to be
  105  provided under this subsection has been provided.
  107  Nothing in this paragraph is intended to prohibit a physician
  108  from providing any additional information that which the
  109  physician deems material to the woman’s informed decision to
  110  terminate her pregnancy.
  111         (b) If a medical emergency exists and a physician cannot
  112  comply with the requirements for informed consent, a physician
  113  may terminate a pregnancy if he or she has obtained at least one
  114  corroborative medical opinion attesting to the medical necessity
  115  for emergency medical procedures and to the fact that, to a
  116  reasonable degree of medical certainty, the continuation of the
  117  pregnancy would threaten the life of the pregnant woman. If a
  118  second physician is not available for a corroborating opinion,
  119  the physician may proceed but must shall document reasons for
  120  the medical necessity in the patient’s medical records.
  121         (c) Violation of this subsection by a physician constitutes
  122  grounds for disciplinary action under s. 458.331 or s. 459.015.
  123  Substantial compliance or reasonable belief that complying with
  124  the requirements of informed consent would threaten the life or
  125  health of the patient is a defense to any action brought under
  126  this paragraph.
  127         Section 2. Subsection (2) of section 390.01112, Florida
  128  Statutes, is amended to read:
  129         390.01112 Termination of pregnancies during viability.—
  130         (2) Before performing a termination of pregnancy, a
  131  physician must determine if the fetus is viable by, at a
  132  minimum, performing a medical examination of the pregnant woman
  133  and, to the maximum extent possible through reasonably available
  134  tests and an the ultrasound required under s. 390.0111(3), an
  135  examination of the fetus. The physician must document in the
  136  pregnant woman’s medical file the physician’s determination and
  137  the method, equipment, fetal measurements, and any other
  138  information used to determine the viability of the fetus.
  139         Section 3. This act shall take effect upon becoming a law.