Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1411, 1st Eng.
       
       
       
       
       
       
                                Ì829246<Î829246                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .         Floor: SENAT/C         
             03/08/2016 12:22 PM       .      03/09/2016 12:20 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Stargel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (6) through (12) of section
    6  390.011, Florida Statutes, are redesignated as subsections (7)
    7  through (13), respectively, a new subsection (6) is added to
    8  that section, and present subsection (11) of that section is
    9  amended, to read:
   10         390.011 Definitions.—As used in this chapter, the term:
   11         (6)“Gestation” means the development of a human embryo or
   12  fetus between fertilization and birth.
   13         (12)(11) “Third Trimester” means one of the following three
   14  distinct periods of time in the duration of a pregnancy:
   15         (a)“First trimester,” which is the period of time from
   16  fertilization through the end of the 11th week of gestation.
   17         (b)“Second trimester,” which is the period of time from
   18  the beginning of the 12th week of gestation through the end of
   19  the 23rd week of gestation.
   20         (c)“Third trimester,” which is the period of time from the
   21  beginning of the 24th week of gestation through birth the weeks
   22  of pregnancy after the 24th week of pregnancy.
   23         Section 2. Subsection (7) of section 390.0111, Florida
   24  Statutes, is amended, and subsection (15) is added to that
   25  section, to read:
   26         390.0111 Termination of pregnancies.—
   27         (7) FETAL REMAINS.—Fetal remains shall be disposed of in a
   28  sanitary and appropriate manner pursuant to s. 381.0098 and
   29  rules adopted thereunder and in accordance with standard health
   30  practices, as provided by rule of the Department of Health.
   31  Failure to dispose of fetal remains in accordance with this
   32  subsection department rules is a misdemeanor of the first second
   33  degree, punishable as provided in s. 775.082 or s. 775.083.
   34         (15)USE OF PUBLIC FUNDS RESTRICTED.—A state agency, a
   35  local governmental entity, or a managed care plan providing
   36  services under part IV of chapter 409 may not expend funds for
   37  the benefit of, pay funds to, or initiate or renew a contract
   38  with an organization that owns, operates, or is affiliated with
   39  one or more clinics that are licensed under this chapter and
   40  perform abortions unless one or more of the following applies:
   41         (a)All abortions performed by such clinics are:
   42         1.On fetuses that are conceived through rape or incest; or
   43         2.Are medically necessary to preserve the life of the
   44  pregnant woman or to avert a serious risk of substantial and
   45  irreversible physical impairment of a major bodily function of
   46  the pregnant woman, other than a psychological condition.
   47         (b)The funds must be expended to fulfill the terms of a
   48  contract entered into before July 1, 2016.
   49         (c)The funds must be expended as reimbursement for
   50  Medicaid services provided on a fee-for-service basis.
   51         Section 3. Subsection (1) of section 390.0112, Florida
   52  Statutes, is amended, present subsections (2), (3), and (4) of
   53  that section are redesignated as subsections (3), (4), and (5),
   54  respectively, and a new subsection (2) is added to that section,
   55  to read:
   56         390.0112 Termination of pregnancies; reporting.—
   57         (1) The director of any medical facility in which abortions
   58  are performed, including a physician’s office, any pregnancy is
   59  terminated shall submit a monthly report each month to the
   60  agency. The report may be submitted electronically, may not
   61  include personal identifying information, and must include:
   62         (a)Until the agency begins collecting data under paragraph
   63  (e), the number of abortions performed.
   64         (b)The reasons such abortions were performed.
   65         (c)For each abortion, the period of gestation at the time
   66  the abortion was performed.
   67         (d)which contains the number of procedures performed, the
   68  reason for same, the period of gestation at the time such
   69  procedures were performed, and The number of infants born alive
   70  or alive during or immediately after an attempted abortion.
   71         (e)Beginning no later than January 1, 2017, information
   72  consistent with the United States Standard Report of Induced
   73  Termination of Pregnancy adopted by the Centers for Disease
   74  Control and Prevention.
   75         (2) The agency shall keep be responsible for keeping such
   76  reports in a central location for the purpose of compiling and
   77  analyzing place from which statistical data and shall submit
   78  data reported pursuant to paragraph (1)(e) to the Division of
   79  Reproductive Health within the Centers for Disease Control and
   80  Prevention, as requested by the Centers for Disease Control and
   81  Prevention analysis can be made.
   82         Section 4. Paragraph (c) of subsection (1), subsection (2),
   83  paragraphs (c) and (f) of subsection (3), and subsection (7) of
   84  section 390.012, Florida Statutes, are amended, and subsection
   85  (8) is added to that section, to read:
   86         390.012 Powers of agency; rules; disposal of fetal
   87  remains.—
   88         (1) The agency may develop and enforce rules pursuant to
   89  ss. 390.011-390.018 and part II of chapter 408 for the health,
   90  care, and treatment of persons in abortion clinics and for the
   91  safe operation of such clinics.
   92         (c) The rules shall provide for:
   93         1. The performance of pregnancy termination procedures only
   94  by a licensed physician.
   95         2. The making, protection, and preservation of patient
   96  records, which shall be treated as medical records under chapter
   97  458. When performing a license inspection of a clinic, the
   98  agency shall inspect at least 50 percent of patient records
   99  generated since the clinic’s last license inspection.
  100         3.Annual inspections by the agency of all clinics licensed
  101  under this chapter to ensure that such clinics are in compliance
  102  with this chapter and agency rules.
  103         4.The prompt investigation of credible allegations of
  104  abortions being performed at a clinic that is not licensed to
  105  perform such procedures.
  106         (2) For clinics that perform abortions in the first
  107  trimester of pregnancy only, these rules must shall be
  108  comparable to rules that apply to all surgical procedures
  109  requiring approximately the same degree of skill and care as the
  110  performance of first trimester abortions and must require:
  111         (a)Clinics to have a written patient transfer agreement
  112  with a hospital within reasonable proximity to the clinic which
  113  includes the transfer of the patient’s medical records held by
  114  the clinic and the treating physician to the licensed hospital;
  115  or
  116         (b)Physicians who perform abortions at the clinic to have
  117  admitting privileges at a hospital within reasonable proximity
  118  to the clinic.
  119         (3) For clinics that perform or claim to perform abortions
  120  after the first trimester of pregnancy, the agency shall adopt
  121  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  122  provisions of this chapter, including the following:
  123         (c) Rules relating to abortion clinic personnel. At a
  124  minimum, these rules shall require that:
  125         1. The abortion clinic designate a medical director who is
  126  licensed to practice medicine in this state, and all physicians
  127  who perform abortions in the clinic have who has admitting
  128  privileges at a licensed hospital within reasonable proximity to
  129  the clinic, unless the clinic in this state or has a written
  130  patient transfer agreement with a licensed hospital within
  131  reasonable proximity to of the clinic which includes the
  132  transfer of the patient’s medical records held by both the
  133  clinic and the treating physician.
  134         2. If a physician is not present after an abortion is
  135  performed, a registered nurse, licensed practical nurse,
  136  advanced registered nurse practitioner, or physician assistant
  137  shall be present and remain at the clinic to provide
  138  postoperative monitoring and care until the patient is
  139  discharged.
  140         3. Surgical assistants receive training in counseling,
  141  patient advocacy, and the specific responsibilities associated
  142  with the services the surgical assistants provide.
  143         4. Volunteers receive training in the specific
  144  responsibilities associated with the services the volunteers
  145  provide, including counseling and patient advocacy as provided
  146  in the rules adopted by the director for different types of
  147  volunteers based on their responsibilities.
  148         (f) Rules that prescribe minimum recovery room standards.
  149  At a minimum, these rules must shall require that:
  150         1. Postprocedure recovery rooms be are supervised and
  151  staffed to meet the patients’ needs.
  152         2. Immediate postprocedure care consist consists of
  153  observation in a supervised recovery room for as long as the
  154  patient’s condition warrants.
  155         3.The clinic arranges hospitalization if any complication
  156  beyond the medical capability of the staff occurs or is
  157  suspected.
  158         3.4. A registered nurse, licensed practical nurse, advanced
  159  registered nurse practitioner, or physician assistant who is
  160  trained in the management of the recovery area and is capable of
  161  providing basic cardiopulmonary resuscitation and related
  162  emergency procedures remain remains on the premises of the
  163  abortion clinic until all patients are discharged.
  164         4.5. A physician shall sign the discharge order and be
  165  readily accessible and available until the last patient is
  166  discharged to facilitate the transfer of emergency cases if
  167  hospitalization of the patient or viable fetus is necessary.
  168         5.6. A physician discuss discusses Rho(D) immune globulin
  169  with each patient for whom it is indicated and ensure ensures
  170  that it is offered to the patient in the immediate postoperative
  171  period or that it will be available to her within 72 hours after
  172  completion of the abortion procedure. If the patient refuses the
  173  Rho(D) immune globulin, she and a witness must sign a refusal
  174  form approved by the agency which must be shall be signed by the
  175  patient and a witness and included in the medical record.
  176         6.7. Written instructions with regard to postabortion
  177  coitus, signs of possible problems, and general aftercare which
  178  are specific to the patient be are given to each patient. The
  179  instructions must include information Each patient shall have
  180  specific written instructions regarding access to medical care
  181  for complications, including a telephone number for use in the
  182  event of a to call for medical emergency emergencies.
  183         7.8.There is A specified minimum length of time be
  184  specified, by type of abortion procedure and duration of
  185  gestation, during which that a patient must remain remains in
  186  the recovery room by type of abortion procedure and duration of
  187  gestation.
  188         8.9. The physician ensure ensures that, with the patient’s
  189  consent, a registered nurse, licensed practical nurse, advanced
  190  registered nurse practitioner, or physician assistant from the
  191  abortion clinic makes a good faith effort to contact the patient
  192  by telephone, with the patient’s consent, within 24 hours after
  193  surgery to assess the patient’s recovery.
  194         9.10. Equipment and services be are readily accessible to
  195  provide appropriate emergency resuscitative and life support
  196  procedures pending the transfer of the patient or viable fetus
  197  to the hospital.
  198         (7) If an any owner, operator, or employee of an abortion
  199  clinic fails to dispose of fetal remains and tissue in a
  200  sanitary manner pursuant to s. 381.0098, rules adopted
  201  thereunder, and rules adopted by the agency pursuant to this
  202  section consistent with the disposal of other human tissue in a
  203  competent professional manner, the license of such clinic may be
  204  suspended or revoked, and such person commits is guilty of a
  205  misdemeanor of the first degree, punishable as provided in s.
  206  775.082 or s. 775.083.
  207         (8)Beginning February 1, 2017, and annually thereafter,
  208  the agency shall submit a report to the President of the Senate
  209  and the Speaker of the House of Representatives which summarizes
  210  all regulatory actions taken during the prior year by the agency
  211  under this chapter.
  212         Section 5. Subsection (3) of section 390.014, Florida
  213  Statutes, is amended to read:
  214         390.014 Licenses; fees.—
  215         (3) In accordance with s. 408.805, an applicant or licensee
  216  shall pay a fee for each license application submitted under
  217  this chapter and part II of chapter 408. The amount of the fee
  218  shall be established by rule and may not be more than required
  219  to pay for the costs incurred by the agency in administering
  220  this chapter less than $70 or more than $500.
  221         Section 6. Effective January 1, 2017, present subsection
  222  (3) of section 390.025, Florida Statutes, is amended, and new
  223  subsections (3), (4), and (5) are added to that section, to
  224  read:
  225         390.025 Abortion referral or counseling agencies;
  226  penalties.—
  227         (3)An abortion referral or counseling agency, as defined
  228  in subsection (1), shall register with the Agency for Health
  229  Care Administration. To register or renew a registration an
  230  applicant must pay an initial or renewal registration fee
  231  established by rule, which must not exceed the costs incurred by
  232  the agency in administering this section. Registrants must
  233  include in any advertising materials the registration number
  234  issued by the agency and must renew their registration
  235  biennially.
  236         (4)The following are exempt from the requirement to
  237  register pursuant to subsection (3):
  238         (a)Facilities licensed pursuant to this chapter, chapter
  239  395, chapter 400, or chapter 408;
  240         (b)Facilities that are exempt from licensure as a clinic
  241  under s. 400.9905(4) and that refer five or fewer patients for
  242  abortions per month; and
  243         (c)Health care practitioners, as defined in s. 456.001,
  244  who, in the course of their practice outside of a facility
  245  licensed pursuant to this chapter, chapter 395, chapter 400, or
  246  chapter 408, refer five or fewer patients for abortions each
  247  month.
  248         (5)The agency shall adopt rules to administer this section
  249  and part II of chapter 408.
  250         (6)(3) Any person who violates the provisions of subsection
  251  (2) commits this section is guilty of a misdemeanor of the first
  252  degree, punishable as provided in s. 775.082 or s. 775.083. In
  253  addition to any other penalties imposed pursuant to this
  254  chapter, the Agency for Health Care Administration may assess
  255  costs related to an investigation of violations of this section
  256  which results in a successful prosecution. Such costs may not
  257  include attorney fees.
  258         Section 7. Section 873.05, Florida Statutes, is amended to
  259  read:
  260         873.05 Advertising, purchase, or sale, or transfer of human
  261  embryos or fetal remains prohibited.—
  262         (1) A No person may not shall knowingly advertise or offer
  263  to purchase or sell, or purchase, sell, or otherwise transfer, a
  264  any human embryo for valuable consideration.
  265         (2) As used in this subsection section, the term “valuable
  266  consideration” does not include the reasonable costs associated
  267  with the removal, storage, and transportation of a human embryo.
  268         (2)A person may not advertise or offer to purchase, sell,
  269  donate, or transfer, or purchase, sell, donate, or transfer,
  270  fetal remains obtained from an abortion, as defined in s.
  271  390.011. This subsection does not prohibit the transportation or
  272  transfer of fetal remains for disposal pursuant to s. 381.0098
  273  or rules adopted thereunder.
  274         (3) A person who violates the provisions of this section
  275  commits is guilty of a felony of the second degree, punishable
  276  as provided in s. 775.082, s. 775.083, or s. 775.084.
  277         Section 8. For the 2016-2017 fiscal year, 0.5 full-time
  278  equivalent positions, with associated salary rate of 39,230, are
  279  authorized and the sums of $59,951 in recurring funds and
  280  $185,213 in nonrecurring funds from the Health Care Trust Fund
  281  are appropriated to the Agency for Health Care Administration
  282  for the purpose of implementing this act.
  283         Section 9. Except as otherwise expressly provided in this
  284  act, this act shall take effect July 1, 2016.
  285  
  286  ================= T I T L E  A M E N D M E N T ================
  287  And the title is amended as follows:
  288         Delete everything before the enacting clause
  289  and insert:
  290                        A bill to be entitled                      
  291         An act relating to termination of pregnancies;
  292         amending s. 390.011, F.S.; defining the term
  293         “gestation” and revising the term “third trimester”;
  294         amending s. 390.0111, F.S.; revising the requirements
  295         for disposal of fetal remains; revising the criminal
  296         punishment for failure to properly dispose of fetal
  297         remains; prohibiting state agencies, local
  298         governmental entities, and Medicaid managed care plans
  299         from expending or paying funds to or initiating or
  300         renewing contracts under certain circumstances with
  301         certain organizations that perform abortions;
  302         providing exceptions; amending s. 390.0112, F.S.;
  303         requiring directors of certain hospitals and
  304         physicians’ offices and licensed abortion clinics to
  305         submit monthly reports to the Agency for Health Care
  306         Administration on a specified form; prohibiting the
  307         report from including personal identifying
  308         information; requiring the agency to submit certain
  309         data to the Centers for Disease Control and Prevention
  310         on a quarterly basis; amending s. 390.012, F.S.;
  311         requiring the agency to develop and enforce rules
  312         relating to license inspections and investigations of
  313         certain clinics; requiring the agency to adopt rules
  314         to require all physicians performing abortions to have
  315         admitting privileges at a hospital within a reasonable
  316         proximity unless the clinic has a transfer agreement
  317         with the hospital; revising requirements for rules
  318         that prescribe minimum recovery room standards;
  319         revising requirements for the disposal of fetal
  320         remains; requiring the agency to submit an annual
  321         report to the Legislature; amending s. 390.014, F.S.;
  322         providing a different limitation on the amount of a
  323         fee; amending s. 390.025, F.S.; requiring certain
  324         organizations that provide abortion referral services
  325         or abortion counseling services to register with the
  326         agency, pay a specified fee, and include certain
  327         information in advertisements; requiring biennial
  328         renewal of a registration; providing exemptions from
  329         the registration requirement; requiring the agency to
  330         adopt rules; providing for the assessment of costs in
  331         certain circumstances; amending s. 873.05, F.S.;
  332         prohibiting an offer to purchase, sell, donate, or
  333         transfer fetal remains obtained from an abortion and
  334         the purchase, sale, donation, or transfer of such
  335         remains, excluding costs associated with certain
  336         transportation of remains; providing an appropriation;
  337         providing effective dates.