Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 918
       
       
       
       
       
       
                                Ì111298@Î111298                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             04/24/2014 11:37 AM       .                                
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       Senator Sobel moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 69 - 134
    4  and insert:
    5         (c) The physician certifies in writing that the fetus has a
    6  fetal anomaly incompatible with sustainable life.
    7         (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER
    8  DURING VIABILITY.—If a termination of pregnancy is performed in
    9  the third trimester under paragraph(1)(a) or paragraph (1)(b),
   10  the physician performing during viability, no person who
   11  performs or induces the termination of pregnancy must exercise
   12  the same shall fail to use that degree of professional skill,
   13  care, and diligence to preserve the life and health of the fetus
   14  which the physician such person would be required to exercise in
   15  order to preserve the life and health of a any fetus intended to
   16  be born and not aborted. However, if preserving the life and
   17  health of the fetus conflicts with preserving the life and
   18  health of the pregnant woman, the physician must consider
   19  preserving the woman’s life and health the overriding and
   20  superior concern “Viability” means that stage of fetal
   21  development when the life of the unborn child may with a
   22  reasonable degree of medical probability be continued
   23  indefinitely outside the womb. Notwithstanding the provisions of
   24  this subsection, the woman’s life and health shall constitute an
   25  overriding and superior consideration to the concern for the
   26  life and health of the fetus when such concerns are in conflict.
   27         (10) PENALTIES FOR VIOLATION.—Except as provided in
   28  subsections (3), (7), and (12):
   29         (a) Any person who willfully performs, or actively
   30  participates in, a termination of pregnancy procedure in
   31  violation of the requirements of this section or s. 390.01112
   32  commits a felony of the third degree, punishable as provided in
   33  s. 775.082, s. 775.083, or s. 775.084.
   34         (b) Any person who performs, or actively participates in, a
   35  termination of pregnancy procedure in violation of the
   36  provisions of this section or s. 390.01112 which results in the
   37  death of the woman commits a felony of the second degree,
   38  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   39         (13) FAILURE TO COMPLY.—Failure to comply with the
   40  requirements of this section or s. 390.01112 constitutes grounds
   41  for disciplinary action under each respective practice act and
   42  under s. 456.072.
   43         Section 3. Section 390.01112, Florida Statutes, is created
   44  to read:
   45         390.01112 Termination of pregnancies during viability.—
   46         (1) No termination of pregnancy shall be performed on any
   47  human being if the physician determines that, in reasonable
   48  medical judgment, the fetus has achieved viability, unless:
   49         (a) Two physicians certify in writing that, in reasonable
   50  medical judgment, the termination of the pregnancy is necessary
   51  to save the pregnant woman’s life or avert a serious risk of
   52  substantial and irreversible physical impairment of a major
   53  bodily function of the pregnant woman other than a psychological
   54  condition;
   55         (b) The physician certifies in writing that, in reasonable
   56  medical judgment, there is a medical necessity for legitimate
   57  emergency medical procedures for termination of the pregnancy to
   58  save the pregnant woman’s life or avert a serious risk of
   59  imminent substantial and irreversible physical impairment of a
   60  major bodily function of the pregnant woman other than a
   61  psychological condition, and another physician is not available
   62  for consultation; or
   63         (c) The physician certifies in writing that the fetus has a
   64  fetal anomaly incompatible with sustainable life.
   65         (2) Before performing a termination of pregnancy, a
   66  physician must determine if the fetus is viable by, at a
   67  minimum, performing a medical examination of the pregnant woman
   68  and, to the maximum extent possible through reasonably available
   69  tests and the ultrasound required under s. 390.0111(3), an
   70  examination of the fetus. The physician must document in the
   71  pregnant woman’s medical file the physician’s determination and
   72  the method, equipment, fetal measurements, and any other
   73  information used to determine the viability of the fetus.
   74         (3) If a termination of pregnancy is performed during
   75  viability under paragraph (1)(a) or paragraph (1)(b), the
   76  physician performing the termination of pregnancy