CS/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 an unlawful abortion;
29requiring the Department of Health to permanently revoke
30the license of any health care practitioner who is
31convicted or found guilty of, or enters a plea of guilty
32or nolo contendere to, regardless of adjudication, certain
33felony criminal acts; requiring the Agency for Health Care
34Administration to submit to the Governor and Legislature
35an annual report of aggregate statistical data relating to
36abortions and provide such data on its website; providing
37that failure to comply with the requirements of the
38section is grounds for disciplinary action; requiring
39rulemaking; amending s. 390.0112, F.S.; requiring the
40director of a medical facility or physician's office to
41submit a monthly report to the agency on a form developed
42by the agency consistent with the U.S. Standard Report of
43Induced Termination of Pregnancy from the Centers for
44Disease Control and Prevention; requiring the agency to
45submit reported data to the Division of Reproductive
46Health within the Centers for Disease Control and
47Prevention; providing rulemaking authority; amending s.
48390.012, F.S.; requiring the agency to adopt rules that
49prescribe standards for placing conspicuous notice on any
50form or medium of advertisement of an abortion clinic
51which states that the abortion clinic is prohibited from
52performing abortions in the third trimester or after
53viability; amending s. 456.013, F.S.; requiring that each
54applicable board require a physician who offers to perform
55or performs terminations of pregnancy to annually complete
56a board-approved course relating to ethics as part of the
57licensure and renewal process; providing that the course
58counts toward the total number of continuing education
59hours required for the profession; repealing s. 797.02,
60F.S., relating to the advertising of drugs for abortions;
61repealing s. 797.03, F.S., relating to prohibited acts
62related to abortions and their penalties; providing for
63severability; providing an effective 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 subsections (12),
69(13), and (14) are added 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 performing an abortion in violation
148of this chapter, commits a misdemeanor of the first degree,
149punishable as provided in s. 775.082 or s. 775.083.
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     (13)  FAILURE TO COMPLY.-Failure to comply with the
165requirements of this section is grounds for disciplinary action
166under each respective practice act and under s. 456.072.
167     (14)  RULES.-The applicable boards, or the department where
168there is no board, shall adopt rules necessary to implement the
169provisions of this section.
170     Section 2.  Subsection (1) of section 390.0112, Florida
171Statutes, is amended, and subsection (5) is added to that
172section, to read:
173     390.0112  Termination of pregnancies; reporting.-
174     (1)  The director of any medical facility or physician's
175office in which any pregnancy is terminated shall submit a
176monthly report to the agency, on a form developed by the agency
177which is consistent with the U.S. Standard Report of Induced
178Termination of Pregnancy from the Centers for Disease Control
179and Prevention which contains the number of procedures
180performed, the reason for same, and the period of gestation at
181the time such procedures were performed to the agency. The
182agency shall be responsible for keeping such reports in a
183central place from which statistical data and analysis can be
184made. The agency shall submit reported data to the Division of
185Reproductive Health within the Centers for Disease Control and
187     (5)  The agency may adopt rules necessary to implement this
189     Section 3.  Paragraph (a) of subsection (3) of section
190390.012, Florida Statutes, is amended to read:
191     390.012  Powers of agency; rules; disposal of fetal
193     (3)  For clinics that perform or claim to perform abortions
194after the first trimester of pregnancy, the agency shall adopt
195rules pursuant to ss. 120.536(1) and 120.54 to implement the
196provisions of this chapter, including the following:
197     (a)  Rules for an abortion clinic's physical facilities. At
198a minimum, these rules shall prescribe standards for:
199     1.  Adequate private space that is specifically designated
200for interviewing, counseling, and medical evaluations.
201     2.  Dressing rooms for staff and patients.
202     3.  Appropriate lavatory areas.
203     4.  Areas for preprocedure hand washing.
204     5.  Private procedure rooms.
205     6.  Adequate lighting and ventilation for abortion
207     7.  Surgical or gynecological examination tables and other
208fixed equipment.
209     8.  Postprocedure recovery rooms that are equipped to meet
210the patients' needs.
211     9.  Emergency exits to accommodate a stretcher or gurney.
212     10.  Areas for cleaning and sterilizing instruments.
213     11.  Adequate areas for the secure storage of medical
214records and necessary equipment and supplies.
215     12.  The display in the abortion clinic, in a place that is
216conspicuous to all patients, of the clinic's current license
217issued by the agency.
218     13.  Conspicuous notice to be provided on any form or
219medium of advertisement of the abortion clinic, which must state
220that the abortion clinic is prohibited from performing abortions
221in the third trimester or after viability.
222     Section 4.  Subsection (7) of section 456.013, Florida
223Statutes, is amended to read:
224     456.013  Department; general licensing provisions.-
225     (7)(a)  The boards, or the department when there is no
226board, shall require the completion of a 2-hour course relating
227to prevention of medical errors as part of the licensure and
228renewal process. The 2-hour course shall count towards the total
229number of continuing education hours required for the
230profession. The course shall be approved by the board or
231department, as appropriate, and shall include a study of root-
232cause analysis, error reduction and prevention, and patient
233safety. In addition, the course approved by the Board of
234Medicine and the Board of Osteopathic Medicine shall include
235information relating to the five most misdiagnosed conditions
236during the previous biennium, as determined by the board. If the
237course is being offered by a facility licensed pursuant to
238chapter 395 for its employees, the board may approve up to 1
239hour of the 2-hour course to be specifically related to error
240reduction and prevention methods used in that facility.
241     (b)  In accordance with the requirement under s. 390.0111,
242the boards, or the department when there is no board, shall
243require a physician who offers to perform or performs
244terminations of pregnancy in an abortion clinic to annually
245complete a 3-hour board-approved course related to ethics as
246part of the licensure and renewal process. The 3-hour course
247shall count toward the total number of continuing education
248hours required for the profession.
249     Section 5.  Section 797.02, Florida Statutes, is repealed.
250     Section 6.  Section 797.03, Florida Statutes, is repealed.
251     Section 7.  If any provision of this act is held invalid
252with respect to any person or circumstance, the invalidity does
253not affect other provisions or applications of the act which can
254be given effect without the invalid provision or application,
255and to this end the provisions of this act are declared
257     Section 8.  This act shall take effect October 1, 2011.

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