HB 1397

A bill to be entitled
2An act relating to abortions; amending s. 390.0111, F.S.;
3restricting the circumstances in which an abortion may be
4performed in the third trimester or after viability;
5requiring an abortion clinic to provide conspicuous notice
6on any form or medium of advertisement that the abortion
7clinic is prohibited from performing abortions in the
8third trimester or after viability; requiring a physician
9that offers to perform or performs terminations of
10pregnancy to complete continuing education related to
11ethics; prohibiting a termination of pregnancy from being
12performed in a location other than a validly licensed
13hospital, abortion clinic, or physician's office;
14prohibiting a person from establishing, conducting,
15managing, or operating an abortion clinic without a valid,
16current license; prohibiting a person from performing or
17assisting in performing an abortion on a person in the
18third trimester or after viability, other than in a
19hospital; requiring an abortion clinic to be owned and
20operated by a physician who has received training during
21residency in performing a dilation-and-curettage procedure
22or a dilation-and-evacuation procedure; providing a
23penalty; providing that failure to dispose of fetal
24remains in accordance with rules of the Department of
25Health is a misdemeanor of the first degree rather than a
26misdemeanor of the second degree; clarifying provisions
27providing that it is a first-degree misdemeanor to
28unlawfully advertise how to obtain a miscarriage of a
29woman pregnant with a child; requiring the Department of
30Health to permanently revoke the license of any health
31care practitioner who is convicted or found guilty of, or
32enters a plea of guilty or nolo contendere to, regardless
33of adjudication, certain felony criminal acts; requiring
34the Agency for Health Care Administration to submit to the
35Governor and Legislature an annual report of aggregate
36statistical data relating to abortions and provide such
37data on its website; amending s. 390.0112, F.S.; requiring
38the director of a medical facility or physician's office
39to submit a report to the agency following each
40termination of pregnancy on a form developed by the agency
41consistent with the U.S. Standard Report of Induced
42Termination of Pregnancy from the Centers for Disease
43Control and Prevention; requiring the agency to submit
44reported data to the Division of Reproductive Health
45within the Centers for Disease Control and Prevention;
46amending s. 390.012, F.S.; requiring the agency to adopt
47rules that prescribe standards for placing conspicuous
48notice on any form or medium of advertisement of an
49abortion clinic which states that the abortion clinic is
50prohibited from performing abortions in the third
51trimester or after viability; amending s. 456.013, F.S.;
52requiring that each applicable board require a physician
53who offers to perform or performs terminations of
54pregnancy to annually complete a course relating to ethics
55as part of the licensure and renewal process; providing
56that the course counts toward the total number of
57continuing education hours required for the profession;
58requiring the applicable board to approve the course;
59repealing s. 797.02, F.S., relating to the advertising of
60drugs for abortions; repealing s. 797.03, F.S., relating
61to prohibited acts related to abortions and their
62penalties; providing for severability; providing an
63effective date.
65Be It Enacted by the Legislature of the State of Florida:
67     Section 1.  Subsections (1), (2), (7), and (10) of section
68390.0111, Florida Statutes, are amended, and subsection (12) is
69added to that section, to read:
70     390.0111  Termination of pregnancies.-
72     (a)  A No termination of pregnancy may not shall be
73performed after the period at which, in the best medical
74judgment of the physician, the fetus has attained viability, as
75defined in subsection (4), or on any person human being in the
76third trimester of pregnancy unless the termination of pregnancy
77is performed in a hospital, and:
78     1.(a)  Two physicians certify in writing to the existence
79of a medical emergency, as defined in s. 390.01114(2)(d) fact
80that, to a reasonable degree of medical probability, the
81termination of pregnancy is necessary to save the life or
82preserve the health of the pregnant woman; or
83     2.(b)  The physician certifies in writing to the existence
84of a medical emergency, as defined in s. 390.01114(2)(d) medical
85necessity for legitimate emergency medical procedures for
86termination of pregnancy in the third trimester, and another
87physician is not available for consultation.
88     (b)  An abortion clinic must provide conspicuous notice on
89any form or medium of advertisement that the abortion clinic is
90prohibited from performing abortions in the third trimester or
91after viability.
94termination of pregnancy shall be performed at any time except
95by a physician as defined in s. 390.011. A physician who offers
96to perform or performs terminations of pregnancy in an abortion
97clinic shall annually complete a minimum of 3 hours of
98continuing education that must relate to ethics.
99     (a)  Except for procedures that must be conducted in a
100hospital or in emergency-care situations, a termination of
101pregnancy may not be performed in a location other than in a
102validly licensed hospital, abortion clinic, or physician's
104     (b)  A person may not establish, conduct, manage, or
105operate an abortion clinic without a valid current license.
106     (c)  A person may not perform or assist in performing an
107abortion on a person in the third trimester or after viability,
108other than in a hospital.
109     (d)  Other than abortion clinics licensed before October 1,
1102011, an abortion clinic must be wholly owned and operated by a
111physician who has received training during residency in
112performing a dilation-and-curettage procedure or a dilation-and-
113evacuation procedure.
114     (e)  A person who willfully violates paragraph (b),
115paragraph (c), or paragraph (d) commits a misdemeanor of the
116second degree, punishable as provided in s. 775.082 or s.
118     (7)  FETAL REMAINS.-Fetal remains shall be disposed of in a
119sanitary and appropriate manner and in accordance with standard
120health practices, as provided by rule of the Department of
121Health. Failure to dispose of fetal remains in accordance with
122department rules is a misdemeanor of the first second degree,
123punishable as provided in s. 775.082 or s. 775.083.
125     (a)  Except as provided in subsections (3) and (7):
126     1.(a)  Any person who willfully performs, or actively
127participates in, a termination of pregnancy procedure in
128violation of the requirements of this section commits a felony
129of the third degree, punishable as provided in s. 775.082, s.
130775.083, or s. 775.084.
131     2.(b)  Any person who performs, or actively participates
132in, a termination of pregnancy procedure in violation of the
133provisions of this section which results in the death of the
134woman commits a felony of the second degree, punishable as
135provided in s. 775.082, s. 775.083, or s. 775.084.
136     3.  A person who knowingly advertises, prints, publishes,
137distributes, or circulates, or knowingly causes to be
138advertised, printed, published, distributed, or circulated, any
139pamphlet, printed paper, book, newspaper notice, advertisement,
140or reference containing words or language giving or conveying
141any notice, hint, or reference to any person, or the name of any
142person, real or fictitious, from whom, or to any place, house,
143shop, or office where any poison, drug, mixture, preparation,
144medicine, or noxious thing, or any instrument or means whatever,
145or any advice, direction, information, or knowledge may be
146obtained for the purpose of causing or procuring the miscarriage
147of any woman pregnant with child, commits a misdemeanor of the
148first degree, punishable as provided in s. 775.082 or s.
150     (b)  The department shall permanently revoke the license of
151any licensed health care practitioner who has been convicted or
152found guilty of, or entered a plea of guilty or nolo contendere
153to, regardless of adjudication, a felony criminal act provided
154in paragraph (a).
155     (12)  RESPONSIBILITIES OF THE AGENCY.-Before each general
156legislative session, the agency shall submit to the Governor,
157the President of the Senate, and the Speaker of the House of
158Representatives an annual report of aggregate statistical data
159relating to abortions, which has been reported to the Division
160of Reproductive Health within the Centers for Disease Control
161and Prevention, and shall provide such data on its website. Any
162information required to be reported under this subsection must
163not include any personal identifying information.
164     Section 2.  Subsection (1) of section 390.0112, Florida
165Statutes, is amended to read:
166     390.0112  Termination of pregnancies; reporting.-
167     (1)  The director of any medical facility or physician's
168office in which any pregnancy is terminated shall submit a
169monthly report to the agency following each termination, on a
170form developed by the agency which is consistent with the U.S.
171Standard Report of Induced Termination of Pregnancy from the
172Centers for Disease Control and Prevention which contains the
173number of procedures performed, the reason for same, and the
174period of gestation at the time such procedures were performed
175to the agency. The agency shall be responsible for keeping such
176reports in a central place from which statistical data and
177analysis can be made. The agency shall submit reported data to
178the Division of Reproductive Health within the Centers for
179Disease Control and Prevention.
180     Section 3.  Paragraph (a) of subsection (3) of section
181390.012, Florida Statutes, is amended to read:
182     390.012  Powers of agency; rules; disposal of fetal
184     (3)  For clinics that perform or claim to perform abortions
185after the first trimester of pregnancy, the agency shall adopt
186rules pursuant to ss. 120.536(1) and 120.54 to implement the
187provisions of this chapter, including the following:
188     (a)  Rules for an abortion clinic's physical facilities. At
189a minimum, these rules shall prescribe standards for:
190     1.  Adequate private space that is specifically designated
191for interviewing, counseling, and medical evaluations.
192     2.  Dressing rooms for staff and patients.
193     3.  Appropriate lavatory areas.
194     4.  Areas for preprocedure hand washing.
195     5.  Private procedure rooms.
196     6.  Adequate lighting and ventilation for abortion
198     7.  Surgical or gynecological examination tables and other
199fixed equipment.
200     8.  Postprocedure recovery rooms that are equipped to meet
201the patients' needs.
202     9.  Emergency exits to accommodate a stretcher or gurney.
203     10.  Areas for cleaning and sterilizing instruments.
204     11.  Adequate areas for the secure storage of medical
205records and necessary equipment and supplies.
206     12.  The display in the abortion clinic, in a place that is
207conspicuous to all patients, of the clinic's current license
208issued by the agency.
209     13.  Conspicuous notice to be provided on any form or
210medium of advertisement of the abortion clinic, which must state
211that the abortion clinic is prohibited from performing abortions
212in the third trimester or after viability.
213     Section 4.  Subsection (7) of section 456.013, Florida
214Statutes, is amended to read:
215     456.013  Department; general licensing provisions.-
216     (7)(a)  The boards, or the department when there is no
217board, shall require the completion of a 2-hour course relating
218to prevention of medical errors as part of the licensure and
219renewal process. The 2-hour course shall count towards the total
220number of continuing education hours required for the
221profession. The course shall be approved by the board or
222department, as appropriate, and shall include a study of root-
223cause analysis, error reduction and prevention, and patient
224safety. In addition, the course approved by the Board of
225Medicine and the Board of Osteopathic Medicine shall include
226information relating to the five most misdiagnosed conditions
227during the previous biennium, as determined by the board. If the
228course is being offered by a facility licensed pursuant to
229chapter 395 for its employees, the board may approve up to 1
230hour of the 2-hour course to be specifically related to error
231reduction and prevention methods used in that facility.
232     (b)  In accordance with the requirement under s. 390.0111,
233the boards, or the department when there is no board, shall
234require a physician who offers to perform or performs
235terminations of pregnancy in an abortion clinic to annually
236complete a 3-hour course related to ethics as part of the
237licensure and renewal process. The 3-hour course shall count
238toward the total number of continuing education hours required
239for the profession. The applicable board, or the department when
240there is no board, shall approve the course, as appropriate.
241     Section 5.  Section 797.02, Florida Statutes, is repealed.
242     Section 6.  Section 797.03, Florida Statutes, is repealed.
243     Section 7.  If any provision of this act is held invalid
244with respect to any person or circumstance, the invalidity does
245not affect other provisions or applications of the act which can
246be given effect without the invalid provision or application,
247and to this end the provisions of this act are declared
249     Section 8.  This act shall take effect October 1, 2011.

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