CS/HB 1497

1	A bill to be entitled
2	An act relating to abortion; amending s. 390.0111, F.S.;
3	requiring a 24-hour waiting period before a physician may
4	perform or induce an abortion on an adult or on certain
5	minor patients; providing for exception in the case of a
6	medical emergency; amending s. 390.01114, F.S.; revising
7	provisions relating to parental notice of abortion;
8	providing exceptions; requiring appointment of a guardian
9	ad litem for a minor petitioning for a waiver of the
10	notice requirements; specifying factors to be considered
11	in determining whether a minor is sufficiently mature to
12	waive the notice requirements; revising provisions
13	relating to confidentiality of hearings; providing for
14	severability; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (12) is added to section 390.0111,
19	Florida Statutes, to read:
20	390.0111  Termination of pregnancies.--
21	(12)  WAITING PERIOD FOR ABORTION.--No physician shall
22	perform or induce an abortion on a minor patient where notice is
23	not required pursuant to s. 390.01114(3)(b) or on an adult
24	patient unless, at least 24 hours prior thereto, a treating
25	physician has conferred with the patient, or her court-appointed
26	guardian if she is mentally incompetent, pursuant to the
27	requirements set forth in subsection (3). If a medical emergency
28	as defined in s. 390.01114(2)(d) exists, then this subsection
29	shall not apply.
30	Section 2.  Paragraph (a) of subsection (3) and paragraphs
31	(a), (c), and (e) of subsection (4) of section 390.01114,
32	Florida Statutes, are amended to read:
33	390.01114  Parental Notice of Abortion Act.--
34	(3)  NOTIFICATION REQUIRED.--
35	(a)1.a.  Actual notice shall be provided by the physician
36	performing or inducing the termination of pregnancy before the
37	performance or inducement of the termination of the pregnancy of
38	a minor. The notice may be given by a referring physician. The
39	physician who performs or induces the termination of pregnancy
40	must receive the written statement of the referring physician
41	certifying that the referring physician has given notice. If
42	actual notice is provided by telephone, the physician must
43	actually speak with the parent or guardian and must record in
44	the minor's medical file the name of the parent or guardian
45	provided notice, the phone number dialed, and the date and time
46	of the call.
47	b.  If actual notice is not possible after a reasonable
48	effort has been made, the physician performing or inducing the
49	termination of pregnancy or the referring physician must give
50	constructive notice. If constructive notice is given, the
51	physician must document that notice by placing copies of any
52	document related to the constructive notice, including, but not
53	limited to, a copy of the letter and the return receipt, in the
54	minor's medical file.
55	2.  Notice given under this subsection by the physician
56	performing or inducing the termination of pregnancy must include
57	the name and address of the facility providing the termination
58	of pregnancy and the name of the physician providing notice.
59	Notice given under this subsection by a referring physician must
60	include the name and address of the facility where he or she is
61	referring the minor and the name of the physician providing
62	notice. If actual notice is provided by telephone, the physician
63	must actually speak with the parent or guardian, and must record
64	in the minor's medical file the name of the parent or guardian
65	provided notice, the phone number dialed, and the date and time
66	of the call. If constructive notice is given, the physician must
67	document that notice by placing copies of any document related
68	to the constructive notice, including, but not limited to, a
69	copy of the letter and the return receipt, in the minor's
70	medical file.
71	(4)  PROCEDURE FOR JUDICIAL WAIVER OF NOTICE.--
72	(a)  A minor may petition any circuit court in a judicial
73	circuit within the jurisdiction of the District Court of Appeal
74	in which she resides for a waiver of the notice requirements of
75	subsection (3) and may participate in proceedings on her own
76	behalf. The petition may be filed under a pseudonym or through
77	the use of initials, as provided by court rule. The petition
78	must include a statement that the petitioner is pregnant and
79	notice has not been waived. The court shall advise the minor
80	that she has a right to court-appointed counsel and shall
81	provide her with counsel upon her request at no cost to the
82	minor. The court shall appoint a guardian ad litem for the
83	minor.
84	(c)  If the court finds, by clear and convincing evidence,
85	that the minor is sufficiently mature to decide whether to
86	terminate her pregnancy, the court shall issue an order
87	authorizing the minor to consent to the performance or
88	inducement of a termination of pregnancy without the
89	notification of a parent or guardian.
90	1.  Factors a court shall consider when determining whether
91	a child is sufficiently mature include, but are not limited to,
92	the following:
93	a.  Whether the minor is mature enough to make her abortion
94	decision, as evidenced by:
95	(I)  The minor's age.
96	(II)  The minor's credibility and demeanor as a witness.
97	(III)  The minor's ability to accept responsibility; and
98	b.  Whether the minor is well informed enough to make the
99	decision on her own, as evidenced by the minor's:
100	(I)  Overall intelligence.
101	(II)  Emotional development.
102	(III)  Ability to assess both the immediate and long range
103	consequences of her choices.
104	(IV)  Ability to understand and explain the medical
105	consequences of terminating her pregnancy and to apply that
106	understanding to her decision.
107	2.  The court should also take into consideration whether
108	there has been any undue influence by another on the minor's
109	decision to have an abortion.
110
111	If the court does not make the finding specified in this
112	paragraph or paragraph (d), it must dismiss the petition.
113	(e)  A court that conducts proceedings under this section
114	shall:
115	1.  Provide for a written transcript of all testimony and
116	proceedings.
117	2.  Issue a written final order containing all factual
118	findings and legal conclusions, including factual findings and
119	legal conclusions as to whether the petitioner is sufficiently
120	mature based on the factors set forth in subparagraph(c)1.
121	3.  Order that a confidential record be maintained as
122	required under s. 390.01116. All hearings under this section,
123	including appeals, shall remain confidential and closed to the
124	public, as provided by court rule A court that conducts
125	proceedings under this section shall provide for a written
126	transcript of all testimony and proceedings and issue written
127	and specific factual findings and legal conclusions supporting
128	its decision and shall order that a confidential record be
129	maintained, as required under s. 390.01116. At the hearing, the
130	court shall hear evidence relating to the emotional development,
131	maturity, intellect, and understanding of the minor, and all
132	other relevant evidence. All hearings under this section,
133	including appeals, shall remain confidential and closed to the
134	public, as provided by court rule.
135	Section 3.  If any provision of this act or the application
136	thereof to any person or circumstance is held invalid, the
137	invalidity does not affect other provisions or applications of
138	the act which can be given effect without the invalid provision
139	or application, and to this end the provisions of this act are
140	declared severable.
141	Section 4.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.