CS/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 fact that,
79to a reasonable degree of medical probability, the termination
80of pregnancy is necessary to prevent the death of the pregnant
81woman or prevent the substantial and irreversible impairment of
82a major bodily function save the life or preserve the health of
83the pregnant woman; or
84     2.(b)  The physician certifies in writing to the existence
85of a medical emergency, as defined in s. 390.01114(2)(d) medical
86necessity for legitimate emergency medical procedures for
87termination of pregnancy in the third trimester, and another
88physician is not available for consultation.
89     (b)  An abortion clinic must provide conspicuous notice on
90any form or medium of advertisement that the abortion clinic is
91prohibited from performing abortions in the third trimester or
92after viability.
95termination of pregnancy shall be performed at any time except
96by a physician as defined in s. 390.011. A physician who offers
97to perform or performs terminations of pregnancy in an abortion
98clinic shall annually complete a minimum of 3 hours of
99continuing education that must relate to ethics.
100     (a)  Except for procedures that must be conducted in a
101hospital or in a medical emergency as defined in s. 390.01114, a
102termination of pregnancy may not be performed in a location
103other than in a validly licensed hospital, abortion clinic, or
104physician's office.
105     (b)  A person may not establish, conduct, manage, or
106operate an abortion clinic without a valid current license.
107     (c)  A person may not perform or assist in performing an
108abortion on a person in the third trimester or after viability,
109other than in a hospital.
110     (d)  Other than abortion clinics licensed before October 1,
1112011, an abortion clinic must be wholly owned and operated by a
112physician who has received training during residency in
113performing a dilation-and-curettage procedure or a dilation-and-
114evacuation procedure.
115     (e)  A person who willfully violates paragraph (b),
116paragraph (c), or paragraph (d) commits a misdemeanor of the
117second degree, punishable as provided in s. 775.082 or s.
119     (7)  FETAL REMAINS.-Fetal remains shall be disposed of in a
120sanitary and appropriate manner and in accordance with standard
121health practices, as provided by rule of the Department of
122Health. Failure to dispose of fetal remains in accordance with
123department rules is a misdemeanor of the first second degree,
124punishable as provided in s. 775.082 or s. 775.083.
126     (a)  Except as provided in subsections (3) and (7):
127     1.(a)  Any person who willfully performs, or actively
128participates in, a termination of pregnancy procedure in
129violation of the requirements of this section commits a felony
130of the third degree, punishable as provided in s. 775.082, s.
131775.083, or s. 775.084.
132     2.(b)  Any person who performs, or actively participates
133in, a termination of pregnancy procedure in violation of the
134provisions of this section which results in the death of the
135woman commits a felony of the second degree, punishable as
136provided in s. 775.082, s. 775.083, or s. 775.084.
137     3.  A person who knowingly advertises, prints, publishes,
138distributes, or circulates, or knowingly causes to be
139advertised, printed, published, distributed, or circulated, any
140pamphlet, printed paper, book, newspaper notice, advertisement,
141or reference containing words or language giving or conveying
142any notice, hint, or reference to any person, or the name of any
143person, real or fictitious, from whom, or to any place, house,
144shop, or office where any poison, drug, mixture, preparation,
145medicine, or noxious thing, or any instrument or means whatever,
146or any advice, direction, information, or knowledge may be
147obtained for the purpose of causing or procuring the miscarriage
148of any woman pregnant with child, commits a misdemeanor of the
149first degree, punishable as provided in s. 775.082 or s.
151     (b)  The department shall permanently revoke the license of
152any licensed health care practitioner who has been convicted or
153found guilty of, or entered a plea of guilty or nolo contendere
154to, regardless of adjudication, a felony criminal act provided
155in paragraph (a).
156     (12)  RESPONSIBILITIES OF THE AGENCY.-Before each general
157legislative session, the agency shall submit to the Governor,
158the President of the Senate, and the Speaker of the House of
159Representatives an annual report of aggregate statistical data
160relating to abortions, which has been reported to the Division
161of Reproductive Health within the Centers for Disease Control
162and Prevention, and shall provide such data on its website. Any
163information required to be reported under this subsection must
164not include any personal identifying information.
165     Section 2.  Subsection (1) of section 390.0112, Florida
166Statutes, is amended to read:
167     390.0112  Termination of pregnancies; reporting.-
168     (1)  The director of any medical facility or physician's
169office in which any pregnancy is terminated shall submit a
170monthly report to the agency following each termination, on a
171form developed by the agency which is consistent with the U.S.
172Standard Report of Induced Termination of Pregnancy from the
173Centers for Disease Control and Prevention which contains the
174number of procedures performed, the reason for same, and the
175period of gestation at the time such procedures were performed
176to the agency. The agency shall be responsible for keeping such
177reports in a central place from which statistical data and
178analysis can be made. The agency shall submit reported data to
179the Division of Reproductive Health within the Centers for
180Disease Control and Prevention.
181     Section 3.  Paragraph (a) of subsection (3) of section
182390.012, Florida Statutes, is amended to read:
183     390.012  Powers of agency; rules; disposal of fetal
185     (3)  For clinics that perform or claim to perform abortions
186after the first trimester of pregnancy, the agency shall adopt
187rules pursuant to ss. 120.536(1) and 120.54 to implement the
188provisions of this chapter, including the following:
189     (a)  Rules for an abortion clinic's physical facilities. At
190a minimum, these rules shall prescribe standards for:
191     1.  Adequate private space that is specifically designated
192for interviewing, counseling, and medical evaluations.
193     2.  Dressing rooms for staff and patients.
194     3.  Appropriate lavatory areas.
195     4.  Areas for preprocedure hand washing.
196     5.  Private procedure rooms.
197     6.  Adequate lighting and ventilation for abortion
199     7.  Surgical or gynecological examination tables and other
200fixed equipment.
201     8.  Postprocedure recovery rooms that are equipped to meet
202the patients' needs.
203     9.  Emergency exits to accommodate a stretcher or gurney.
204     10.  Areas for cleaning and sterilizing instruments.
205     11.  Adequate areas for the secure storage of medical
206records and necessary equipment and supplies.
207     12.  The display in the abortion clinic, in a place that is
208conspicuous to all patients, of the clinic's current license
209issued by the agency.
210     13.  Conspicuous notice to be provided on any form or
211medium of advertisement of the abortion clinic, which must state
212that the abortion clinic is prohibited from performing abortions
213in the third trimester or after viability.
214     Section 4.  Subsection (7) of section 456.013, Florida
215Statutes, is amended to read:
216     456.013  Department; general licensing provisions.-
217     (7)(a)  The boards, or the department when there is no
218board, shall require the completion of a 2-hour course relating
219to prevention of medical errors as part of the licensure and
220renewal process. The 2-hour course shall count towards the total
221number of continuing education hours required for the
222profession. The course shall be approved by the board or
223department, as appropriate, and shall include a study of root-
224cause analysis, error reduction and prevention, and patient
225safety. In addition, the course approved by the Board of
226Medicine and the Board of Osteopathic Medicine shall include
227information relating to the five most misdiagnosed conditions
228during the previous biennium, as determined by the board. If the
229course is being offered by a facility licensed pursuant to
230chapter 395 for its employees, the board may approve up to 1
231hour of the 2-hour course to be specifically related to error
232reduction and prevention methods used in that facility.
233     (b)  In accordance with the requirement under s. 390.0111,
234the boards, or the department when there is no board, shall
235require a physician who offers to perform or performs
236terminations of pregnancy in an abortion clinic to annually
237complete a 3-hour course related to ethics as part of the
238licensure and renewal process. The 3-hour course shall count
239toward the total number of continuing education hours required
240for the profession. The applicable board, or the department when
241there is no board, shall approve the course, as appropriate.
242     Section 5.  Section 797.02, Florida Statutes, is repealed.
243     Section 6.  Section 797.03, Florida Statutes, is repealed.
244     Section 7.  If any provision of this act is held invalid
245with respect to any person or circumstance, the invalidity does
246not affect other provisions or applications of the act which can
247be given effect without the invalid provision or application,
248and to this end the provisions of this act are declared
250     Section 8.  This act shall take effect October 1, 2011.

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