Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 300 Ì965740)Î965740 LEGISLATIVE ACTION Senate . House Comm: UNFAV . 03/28/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Berman) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 224 and 225 4 insert: 5 (3) CONSENTCONSENTSREQUIRED.—Except in the case of a 6 medical emergency as provided in paragraph (b), a termination of 7 pregnancy may not be performed or induced except with the 8 voluntary and informed written consent of the pregnant woman or, 9 in the case of a mental incompetent, the voluntary and informed 10 written consent of her court-appointed guardian. 11 (a)Except in the case of a medical emergency,Consent to a 12 termination of pregnancy is voluntary and informed only if: 13 1. The physician who is to perform the procedure, or the 14 referring physician, has, at a minimum, orally, while physically 15 present in the same room,and at least 24 hours before the16procedure,informed the woman of: 17 a. The nature and risks of undergoing or not undergoing the 18 proposed procedure that a reasonable patient would consider 19 material to making a knowing and willful decision of whether to 20 terminate a pregnancy. 21 b. The probable gestational age of the fetus, verified by 22 an ultrasound, at the time the termination of pregnancy is to be 23 performed. 24 (I) The ultrasound must be performed by the physician who 25 is to perform the abortion or by a person having documented 26 evidence that he or she has completed a course in the operation 27 of ultrasound equipment as prescribed by rule and who is working 28 in conjunction with the physician. 29 (II) The person performing the ultrasound must offer the 30 woman the opportunity to view the live ultrasound images and 31 hear an explanation of them. If the woman accepts the 32 opportunity to view the images and hear the explanation, a 33 physician or a registered nurse, licensed practical nurse, 34 advanced practice registered nurse, or physician assistant 35 working in conjunction with the physician must contemporaneously 36 review and explain the images to the woman before the woman 37 gives informed consent to having an abortion procedure 38 performed. 39 (III) The woman has a right to decline to view and hear the 40 explanation of the live ultrasound images after she is informed 41 of her right and offered an opportunity to view the images and 42 hear the explanation. If the woman declines, the woman shall 43 complete a form acknowledging that she was offered an 44 opportunity to view and hear the explanation of the images but 45 that she declined that opportunity. The form must also indicate 46 that the woman’s decision was not based on any undue influence 47 from any person to discourage her from viewing the images or 48 hearing the explanation and that she declined of her own free 49 will. 50 (IV) Unless requested by the woman, the person performing 51 the ultrasound may not offer the opportunity to view the images 52 and hear the explanation and the explanation may not be given 53 if, at the time the woman schedules or arrives for her 54 appointment to obtain an abortion, a copy of a restraining 55 order, police report, medical record, or other court order or 56 documentation is presented which provides evidence that the 57 woman is obtaining the abortion because the woman is a victim of 58 rape, incest, domestic violence, or human trafficking or that 59 the woman has been diagnosed as having a condition that, on the 60 basis of a physician’s good faith clinical judgment, would 61 create a serious risk of substantial and irreversible impairment 62 of a major bodily function if the woman delayed terminating her 63 pregnancy. 64 c. The medical risks to the woman and fetus of carrying the 65 pregnancy to term. 66 67The physician may provide the information required in this68subparagraph within 24 hours before the procedure if requested69by the woman at the time she schedules or arrives for her70appointment to obtain an abortion and if she presents to the71physician a copy of a restraining order, police report, medical72record, or other court order or documentation evidencing that73she is obtaining the abortion because she is a victim of rape,74incest, domestic violence, or human trafficking.75 2. Printed materials prepared and provided by the 76 department have been provided to the pregnant woman, if she 77 chooses to view these materials, including: 78 a. A description of the fetus, including a description of 79 the various stages of development. 80 b. A list of entities that offer alternatives to 81 terminating the pregnancy. 82 c. Detailed information on the availability of medical 83 assistance benefits for prenatal care, childbirth, and neonatal 84 care. 85 3. The woman acknowledges in writing, before the 86 termination of pregnancy, that the information required to be 87 provided under this subsection has been provided. 88 89 Nothing in this paragraph is intended to prohibit a physician 90 from providing any additional information which the physician 91 deems material to the woman’s informed decision to terminate her 92 pregnancy. 93 (b) If a medical emergency exists and a physician cannot 94 comply with the requirements for informed consent, a physician 95 may terminate a pregnancy if he or she has obtained at least one 96 corroborative medical opinion attesting to the medical necessity 97 for emergency medical procedures and to the fact that to a 98 reasonable degree of medical certainty the continuation of the 99 pregnancy would threaten the life of the pregnant woman. If a 100 second physician is not available for a corroborating opinion, 101 the physician may proceed but shall document reasons for the 102 medical necessity in the patient’s medical records. 103 (c) Violation of this subsection by a physician constitutes 104 grounds for disciplinary action under s. 458.331 or s. 459.015. 105 Substantial compliance or reasonable belief that complying with 106 the requirements of informed consent would threaten the life or 107 health of the patient is a defense to any action brought under 108 this paragraph. 109 110 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 111 And the directory clause is amended as follows: 112 Delete line 180 113 and insert: 114 Section 3. Subsections (1), (2), (3), (10), and (13) of 115 section 116 117 ================= T I T L E A M E N D M E N T ================ 118 And the title is amended as follows: 119 Delete line 33 120 and insert: 121 any other courier or shipping service; deleting a 122 requirement that a physician provide certain 123 information to a pregnant woman at least 24 hours 124 before an abortion procedure; conforming