CS/CS/HB 1397

1
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 or a professional corporation or
21limited liability company composed of physicians who have
22received training during residency in performing a
23dilation-and-curettage procedure and a dilation-and-
24evacuation procedure; providing a penalty; providing that
25failure to dispose of fetal remains in accordance with
26rules of the Department of Health is a misdemeanor of the
27first degree rather than a misdemeanor of the second
28degree; clarifying provisions providing that it is a
29first-degree misdemeanor to unlawfully advertise how to
30obtain an unlawful abortion; requiring the Department of
31Health to permanently revoke the license of any health
32care practitioner who is convicted or found guilty of, or
33enters a plea of guilty or nolo contendere to, regardless
34of adjudication, certain felony criminal acts; requiring
35the Agency for Health Care Administration to submit to the
36Governor and Legislature an annual report of aggregate
37statistical data relating to abortions; providing that
38failure to comply with the requirements of the section is
39grounds for disciplinary action; requiring rulemaking;
40amending s. 390.0112, F.S.; requiring the director of a
41medical facility or physician's office to submit a monthly
42report to the agency on a form developed by the agency
43consistent with the U.S. Standard Report of Induced
44Termination of Pregnancy from the Centers for Disease
45Control and Prevention; requiring the agency to submit
46reported data to the Division of Reproductive Health
47within the Centers for Disease Control and Prevention;
48providing rulemaking authority; amending s. 390.012, F.S.;
49requiring the agency to adopt rules that prescribe
50standards for placing conspicuous notice on any form or
51medium of advertisement of an abortion clinic which states
52that the abortion clinic is prohibited from performing
53abortions in the third trimester or after viability;
54amending s. 456.013, F.S.; requiring that each applicable
55board require a physician who offers to perform or
56performs terminations of pregnancy to annually complete a
57board-approved course relating to ethics as part of the
58licensure and renewal process; providing that the course
59counts toward the total number of continuing education
60hours required for the profession; repealing s. 797.02,
61F.S., relating to the advertising of drugs for abortions;
62repealing s. 797.03, F.S., relating to prohibited acts
63related to abortions and their penalties; providing for
64severability; providing an effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Subsections (1), (2), (7), and (10) of section
69390.0111, Florida Statutes, are amended, and subsections (12),
70(13), and (14) are added to that section, to read:
71     390.0111  Termination of pregnancies.-
72     (1)  TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.-
73     (a)  A No termination of pregnancy may not shall be
74performed after the period at which, in the best medical
75judgment of the physician, the fetus has attained viability, as
76defined in subsection (4), or on any person human being in the
77third trimester of pregnancy unless the termination of pregnancy
78is performed in a hospital, and:
79     1.(a)  Two physicians certify in writing to the fact that,
80to a reasonable degree of medical probability, the termination
81of pregnancy is necessary to prevent the death of the pregnant
82woman or prevent the substantial and irreversible impairment of
83a major bodily function save the life or preserve the health of
84the pregnant woman; or
85     2.(b)  The physician certifies in writing to the existence
86of a medical emergency, as defined in s. 390.01114(2)(d) medical
87necessity for legitimate emergency medical procedures for
88termination of pregnancy in the third trimester, and another
89physician is not available for consultation.
90     (b)  An abortion clinic must provide conspicuous notice on
91any form or medium of advertisement that the abortion clinic is
92prohibited from performing abortions in the third trimester or
93after viability.
94     (2)  PHYSICIAN, LOCATION, AND CLINIC LICENSURE AND
95OWNERSHIP REQUIREMENTS PERFORMANCE BY PHYSICIAN REQUIRED.-No
96termination of pregnancy shall be performed at any time except
97by a physician as defined in s. 390.011. A physician who offers
98to perform or performs terminations of pregnancy in an abortion
99clinic shall annually complete a minimum of 3 hours of
100continuing education that must relate to ethics.
101     (a)  Except for procedures that must be conducted in a
102hospital or in a medical emergency as defined in s. 390.01114, a
103termination of pregnancy may not be performed in a location
104other than in a validly licensed hospital, abortion clinic, or
105physician's office.
106     (b)  A person may not establish, conduct, manage, or
107operate an abortion clinic without a valid current license.
108     (c)  A person may not perform or assist in performing an
109abortion on a person in the third trimester or after viability,
110other than in a hospital.
111     (d)  Other than abortion clinics licensed before October 1,
1122011, an abortion clinic must be wholly owned and operated by a
113physician who has received training during residency in
114performing a dilation-and-curettage procedure and a dilation-
115and-evacuation procedure or a professional corporation or
116limited liability company composed of physicians who have
117received training during residency in performing a dilation-and-
118curettage procedure and a dilation-and-evacuation procedure.
119     (e)  A person who willfully violates paragraph (a),
120paragraph (b), paragraph (c), or paragraph (d) commits a
121misdemeanor of the second degree, punishable as provided in s.
122775.082 or s. 775.083.
123     (7)  FETAL REMAINS.-Fetal remains shall be disposed of in a
124sanitary and appropriate manner and in accordance with standard
125health practices, as provided by rule of the Department of
126Health. Failure to dispose of fetal remains in accordance with
127department rules is a misdemeanor of the first second degree,
128punishable as provided in s. 775.082 or s. 775.083.
129     (10)  PENALTIES FOR VIOLATION.-
130     (a)  Except as provided in subsections (3) and (7):
131     1.(a)  Any person who willfully performs, or actively
132participates in, a termination of pregnancy procedure in
133violation of the requirements of this section commits a felony
134of the third degree, punishable as provided in s. 775.082, s.
135775.083, or s. 775.084.
136     2.(b)  Any person who performs, or actively participates
137in, a termination of pregnancy procedure in violation of the
138provisions of this section which results in the death of the
139woman commits a felony of the second degree, punishable as
140provided in s. 775.082, s. 775.083, or s. 775.084.
141     3.  A person who knowingly advertises, prints, publishes,
142distributes, or circulates, or knowingly causes to be
143advertised, printed, published, distributed, or circulated, any
144pamphlet, printed paper, book, newspaper notice, advertisement,
145or reference containing words or language giving or conveying
146any notice, hint, or reference to any person, or the name of any
147person, real or fictitious, from whom, or to any place, house,
148shop, or office where any poison, drug, mixture, preparation,
149medicine, or noxious thing, or any instrument or means whatever,
150or any advice, direction, information, or knowledge may be
151obtained for the purpose of performing an abortion in violation
152of this chapter, commits a misdemeanor of the first degree,
153punishable as provided in s. 775.082 or s. 775.083.
154     (b)  The department shall permanently revoke the license of
155any licensed health care practitioner who has been convicted or
156found guilty of, or entered a plea of guilty or nolo contendere
157to, regardless of adjudication, a felony criminal act provided
158in paragraph (a).
159     (12)  RESPONSIBILITIES OF THE AGENCY.-Before each general
160legislative session, the agency shall submit to the Governor,
161the President of the Senate, and the Speaker of the House of
162Representatives an annual report of aggregate statistical data
163relating to abortions, which has been reported to the Division
164of Reproductive Health within the Centers for Disease Control
165and Prevention. Any information required to be reported under
166this subsection must not include any personal identifying
167information.
168     (13)  FAILURE TO COMPLY.-Failure to comply with the
169requirements of this section is grounds for disciplinary action
170under each respective practice act and under s. 456.072.
171     (14)  RULES.-The applicable boards, or the department where
172there is no board, shall adopt rules necessary to implement the
173provisions of this section.
174     Section 2.  Subsection (1) of section 390.0112, Florida
175Statutes, is amended, and subsection (5) is added to that
176section, to read:
177     390.0112  Termination of pregnancies; reporting.-
178     (1)  The director of any medical facility or physician's
179office in which any pregnancy is terminated shall submit a
180monthly report to the agency, on a form developed by the agency
181which is consistent with the U.S. Standard Report of Induced
182Termination of Pregnancy from the Centers for Disease Control
183and Prevention which contains the number of procedures
184performed, the reason for same, and the period of gestation at
185the time such procedures were performed to the agency. The
186agency shall be responsible for keeping such reports in a
187central place from which statistical data and analysis can be
188made. The agency shall submit reported data to the Division of
189Reproductive Health within the Centers for Disease Control and
190Prevention.
191     (5)  The agency may adopt rules necessary to implement this
192section.
193     Section 3.  Paragraph (a) of subsection (3) of section
194390.012, Florida Statutes, is amended to read:
195     390.012  Powers of agency; rules; disposal of fetal
196remains.-
197     (3)  For clinics that perform or claim to perform abortions
198after the first trimester of pregnancy, the agency shall adopt
199rules pursuant to ss. 120.536(1) and 120.54 to implement the
200provisions of this chapter, including the following:
201     (a)  Rules for an abortion clinic's physical facilities. At
202a minimum, these rules shall prescribe standards for:
203     1.  Adequate private space that is specifically designated
204for interviewing, counseling, and medical evaluations.
205     2.  Dressing rooms for staff and patients.
206     3.  Appropriate lavatory areas.
207     4.  Areas for preprocedure hand washing.
208     5.  Private procedure rooms.
209     6.  Adequate lighting and ventilation for abortion
210procedures.
211     7.  Surgical or gynecological examination tables and other
212fixed equipment.
213     8.  Postprocedure recovery rooms that are equipped to meet
214the patients' needs.
215     9.  Emergency exits to accommodate a stretcher or gurney.
216     10.  Areas for cleaning and sterilizing instruments.
217     11.  Adequate areas for the secure storage of medical
218records and necessary equipment and supplies.
219     12.  The display in the abortion clinic, in a place that is
220conspicuous to all patients, of the clinic's current license
221issued by the agency.
222     13.  Conspicuous notice to be provided on any form or
223medium of advertisement of the abortion clinic, which must state
224that the abortion clinic is prohibited from performing abortions
225in the third trimester or after viability.
226     Section 4.  Subsection (7) of section 456.013, Florida
227Statutes, is amended to read:
228     456.013  Department; general licensing provisions.-
229     (7)(a)  The boards, or the department when there is no
230board, shall require the completion of a 2-hour course relating
231to prevention of medical errors as part of the licensure and
232renewal process. The 2-hour course shall count towards the total
233number of continuing education hours required for the
234profession. The course shall be approved by the board or
235department, as appropriate, and shall include a study of root-
236cause analysis, error reduction and prevention, and patient
237safety. In addition, the course approved by the Board of
238Medicine and the Board of Osteopathic Medicine shall include
239information relating to the five most misdiagnosed conditions
240during the previous biennium, as determined by the board. If the
241course is being offered by a facility licensed pursuant to
242chapter 395 for its employees, the board may approve up to 1
243hour of the 2-hour course to be specifically related to error
244reduction and prevention methods used in that facility.
245     (b)  In accordance with the requirement under s. 390.0111,
246the boards, or the department when there is no board, shall
247require a physician who offers to perform or performs
248terminations of pregnancy in an abortion clinic to annually
249complete a 3-hour board-approved course related to ethics as
250part of the licensure and renewal process. The 3-hour course
251shall count toward the total number of continuing education
252hours required for the profession.
253     Section 5.  Section 797.02, Florida Statutes, is repealed.
254     Section 6.  Section 797.03, Florida Statutes, is repealed.
255     Section 7.  If any provision of this act is held invalid
256with respect to any person or circumstance, the invalidity does
257not affect other provisions or applications of the act which can
258be given effect without the invalid provision or application,
259and to this end the provisions of this act are declared
260severable.
261     Section 8.  This act shall take effect October 1, 2011.


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