CODING: Words stricken are deletions; words underlined are additions.
e2874584
House
h0900-99
h0913
2002
AA
913362
Senator Wasserman Schultz moved the following amendment to
amendment (913362):
On page 79, between lines 14 and 15,
On page 85, line 26, after the semicolon,
SENATE AMENDMENT
Bill No. CS/HB 913, 2nd Eng.
Amendment No. ___ Barcode 874584
CHAMBER ACTION
Senate House
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11 Senator Wasserman Schultz moved the following amendment to
12 amendment (913362):
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14 Senate Amendment (with title amendment)
15 On page 79, between lines 14 and 15,
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17 insert:
18 Section 27. Section 381.0435, Florida Statutes, is
19 created to read:
20 381.0435 Treatment for survivors of rape.--
21 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
22 finds that the victimization of women through rape is
23 compounded by the possibility that the rape survivor may
24 suffer an unwanted pregnancy by the rapist. The Legislature
25 further finds that access to pregnancy prevention prophylaxis
26 and timely counseling are simple, basic measures that can
27 prevent this additional victimization. The federal Food and
28 Drug Administration has approved the use of pregnancy
29 prevention prophylaxis as safe and effective in the prevention
30 of pregnancy. Further, medical research strongly indicates
31 that the sooner pregnancy prevention prophylaxis is
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SENATE AMENDMENT
Bill No. CS/HB 913, 2nd Eng.
Amendment No. ___ Barcode 874584
1 administered, the better the chance of preventing unintended
2 pregnancy. Therefore, the Legislature deems it essential that
3 rape survivors be informed of pregnancy prevention prophylaxis
4 and have access to pregnancy prevention prophylaxis as a
5 treatment option.
6 (2) DEFINITIONS.--As used in this section, the
7 following words have the meanings indicated:
8 (a) "Care to a rape survivor" means medical
9 examinations, procedures, and services provided to a rape
10 survivor.
11 (b) "Incest" means a sexual offense described in s.
12 826.04.
13 (c) "Pregnancy prevention prophylaxis" means any drug
14 or device approved by the federal Food and Drug Administration
15 that prevents pregnancy after sexual intercourse.
16 (d) "Rape" means sexual battery as described in ss.
17 794.011 and 827.071.
18 (e) "Rape survivor" means a person who alleges or is
19 alleged to have been raped or is the victim of alleged incest
20 and because of the alleged offense seeks treatment as a
21 patient.
22 (3) DUTIES OF LICENSED FACILITIES AND
23 PRACTITIONERS.--Beginning October 1, 2002, a health care
24 facility licensed under chapter 395 and any health care
25 practitioner licensed pursuant to chapter 458, chapter 459, or
26 chapter 464, that provides care to a rape survivor, shall:
27 (a) Provide each rape survivor with medically and
28 factually accurate, clear, concise information about pregnancy
29 prevention prophylaxis.
30 (b) Inform each rape survivor of such person's medical
31 option to receive pregnancy prevention prophylaxis.
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SENATE AMENDMENT
Bill No. CS/HB 913, 2nd Eng.
Amendment No. ___ Barcode 874584
1 (c) If pregnancy prevention prophylaxis is requested:
2 1. Immediately prescribe or provide the rape survivor
3 with pregnancy prevention prophylaxis, if it is determined by
4 the physician to be medically appropriate; or
5 2. Inform the rape survivor of a health care facility
6 or health care practitioner that will prescribe or provide
7 access to pregnancy prevention prophylaxis, if it is
8 determined by the physician to be medically appropriate for
9 the rape survivor. Such provision of information shall be
10 documented in the patient's medical record.
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12 However, if the rape survivor is transferred to or receives
13 care from a sexual assault program or specialized team that
14 provides rape counseling and treatment services, or if the
15 rape survivor is pregnant, the licensed facility or
16 practitioner described in this subsection shall be relieved of
17 the duties specified in this section.
18 (4) Notwithstanding any other provision of this
19 section, a health care facility licensed under chapter 395 may
20 refuse to provide care to a rape survivor because the
21 provisions of this section are inconsistent with the religious
22 beliefs of the facility or the health care practitioner, if
23 the facility is one for which each of the following is true:
24 (a) The inculcation of religious values is the purpose
25 of the entity.
26 (b) The entity primarily employs persons who share the
27 religious tenets of the entity.
28 (c) The entity serves primarily persons who share the
29 religious tenets of the entity.
30 (d) The entity is a nonprofit organization as
31 described in s. 6033(a)(2) i or iii of the Internal Revenue
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SENATE AMENDMENT
Bill No. CS/HB 913, 2nd Eng.
Amendment No. ___ Barcode 874584
1 Code of 1986, as amended.
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3 This subsection may not be construed to deny care to a rape
4 survivor.
5 (5) Every health care facility licensed under chapter
6 395 and any health care practitioner licensed pursuant to
7 chapter 458, chapter 459, or chapter 464 that refuses to
8 provide care to a rape survivor under this section shall
9 provide written notice to the victim that the health care
10 facility or health care practitioner refuses to provide
11 treatment for religious reasons.
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13 (Redesignate subsequent sections.)
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 85, line 26, after the semicolon,
19
20 insert:
21 creating s. 381.0435, F.S.; providing
22 legislative intent; providing definitions;
23 providing requirements for treatment for
24 survivors of rape; providing for counseling and
25 for information about pregnancy prevention
26 prophylaxis; providing for immediate access to
27 medically appropriate pregnancy prevention
28 prophylaxis, if requested; providing
29 applicability; providing for refusal to provide
30 care;
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