Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 918
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsection (9) of section 390.011,
6 Florida Statutes, is redesignated as subsection (11), and new
7 subsections (9), (10) and (12) are added to that section, to
8 read:
9 390.011 Definitions.—As used in this chapter, the term:
10 (9) “Reasonable medical judgment” means a medical judgment
11 that would be made by a reasonably prudent physician,
12 knowledgeable about the case and treatment possibilities with
13 respect to the medical conditions involved.
14 (10) “Standard medical measure” means the medical care that
15 a physician would provide based on the particular facts of the
16 pregnancy, the information available to the physician, and the
17 technology reasonably available in a hospital, as defined in s.
18 395.002, with an obstetrical department, to preserve the life
19 and health of the fetus, with or without temporary artificial
20 life sustaining support, if the fetus were born at the same
21 stage of fetal development.
22 (12) “Viable” or “viability” means the stage of fetal
23 development when the life of a fetus is sustainable outside the
24 womb through standard medical measures.
25 Section 2. Subsections (1), (4), (10), and (13) of section
26 390.0111, Florida Statutes, are amended to read:
27 390.0111 Termination of pregnancies.—
28 (1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.—No
29 termination of pregnancy shall be performed on any human being
30 in the third trimester of pregnancy unless one of the following
31 conditions is met:
32 (a) Two physicians certify in writing to the fact that, in
33 reasonable medical judgment to a reasonable degree of medical
34 probability, the termination of the pregnancy is necessary to
35 save the pregnant woman’s life or avert a serious risk of
36 substantial and irreversible physical impairment of a major
37 bodily function of the pregnant woman other than a psychological
38 condition. or preserve the health of the pregnant woman; or
39 (b) The physician certifies in writing that, in reasonable
40 medical judgment, there is a to the medical necessity for
41 legitimate emergency medical procedures for termination of the
42 pregnancy to save the pregnant woman’s life or avert a serious
43 risk of imminent substantial and irreversible physical
44 impairment of a major bodily function of the pregnant woman
45 other than a psychological condition in the third trimester, and
46 another physician is not available for consultation.
47 (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER
48 DURING VIABILITY.—If a termination of pregnancy is performed in
49 the third trimester, the physician performing during viability,
50 no person who performs or induces the termination of pregnancy
51 must exercise the same shall fail to use that degree of
52 professional skill, care, and diligence to preserve the life and
53 health of the fetus which the physician such person would be
54 required to exercise in order to preserve the life and health of
55 a any fetus intended to be born and not aborted. However, if
56 preserving the life and health of the fetus conflicts with
57 preserving the life and health of the pregnant woman, the
58 physician must consider preserving the woman’s life and health
59 the overriding and superior concern “Viability” means that stage
60 of fetal development when the life of the unborn child may with
61 a reasonable degree of medical probability be continued
62 indefinitely outside the womb. Notwithstanding the provisions of
63 this subsection, the woman’s life and health shall constitute an
64 overriding and superior consideration to the concern for the
65 life and health of the fetus when such concerns are in conflict.
66 (10) PENALTIES FOR VIOLATION.—Except as provided in
67 subsections (3), (7), and (12):
68 (a) Any person who willfully performs, or actively
69 participates in, a termination of pregnancy procedure in
70 violation of the requirements of this section or s. 390.01112
71 commits a felony of the third degree, punishable as provided in
72 s. 775.082, s. 775.083, or s. 775.084.
73 (b) Any person who performs, or actively participates in, a
74 termination of pregnancy procedure in violation of the
75 provisions of this section or s. 390.01112 which results in the
76 death of the woman commits a felony of the second degree,
77 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
78 (13) FAILURE TO COMPLY.—Failure to comply with the
79 requirements of this section or s. 390.01112 constitutes grounds
80 for disciplinary action under each respective practice act and
81 under s. 456.072.
82 Section 3. Section 390.01112, Florida Statutes, is created
83 to read:
84 390.01112 Termination of pregnancies during viability.—
85 (1) No termination of pregnancy shall be performed on any
86 human being if the physician determines that, in reasonable
87 medical judgment, the fetus has achieved viability, unless:
88 (a) Two physicians certify in writing that, in reasonable
89 medical judgment, the termination of the pregnancy is necessary
90 to save the pregnant woman’s life or avert a serious risk of
91 substantial and irreversible physical impairment of a major
92 bodily function of the pregnant woman other than a psychological
93 condition; or
94 (b) The physician certifies in writing that, in reasonable
95 medical judgment, there is a medical necessity for legitimate
96 emergency medical procedures for termination of the pregnancy to
97 save the pregnant woman’s life or avert a serious risk of
98 imminent substantial and irreversible physical impairment of a
99 major bodily function of the pregnant woman other than a
100 psychological condition, and another physician is not available
101 for consultation.
102 (2) Before performing a termination of pregnancy, a
103 physician must determine if the fetus is viable by, at a
104 minimum, performing a medical examination of the pregnant woman
105 and, to the maximum extent possible through reasonably available
106 tests and the ultrasound required under s. 390.0111(3), an
107 examination of the fetus. The physician must document in the
108 pregnant woman’s medical file the physician’s determination and
109 the method, equipment, fetal measurements, and any other
110 information used to determine the viability of the fetus.
111 (3) If a termination of pregnancy is performed during
112 viability, the physician performing the termination of pregnancy
113 must exercise the same degree of professional skill, care, and
114 diligence to preserve the life and health of the fetus that the
115 physician would be required to exercise in order to preserve the
116 life and health of a fetus intended to be born and not aborted.
117 However, if preserving the life and health of the fetus
118 conflicts with preserving the life and health of the woman, the
119 physician must consider preserving the woman’s life and health
120 the overriding and superior concern.
121 Section 4. Subsection (3) of section 797.03, Florida
122 Statutes, is amended to read:
123 797.03 Prohibited acts; penalties.—
124 (3) It is unlawful for any person to perform or assist in
125 performing an abortion on a person during viability or in the
126 third trimester other than in a hospital.
127 Section 5. Severability and reversion.—
128 (1) If any provision of this act or its application to any
129 person or circumstance is held invalid, the invalidity does not
130 affect other provisions or applications of this act which can be
131 given effect without the invalid provision or application, and
132 to this end the provisions of this act are severable.
133 (2) Notwithstanding subsection (1), if s. 390.01112,
134 Florida Statutes, is held unconstitutional and severed by a
135 court having jurisdiction, the amendments made by this act to s.
136 390.011, Florida Statutes, and subsections (4), (10), and (13)
137 of s. 390.0111, Florida Statutes, will be repealed and will
138 revert to the law as it existed on January 1, 2014.
139 Section 6. This act shall take effect July 1, 2014.
140
141 ================= T I T L E A M E N D M E N T ================
142 And the title is amended as follows:
143 Delete everything before the enacting clause
144 and insert:
145 A bill to be entitled
146 An act relating to the termination of pregnancies;
147 amending s. 390.011, F.S.; defining the terms
148 “reasonable medical judgment” and “standard medical
149 measure” and redefining the term “viability”; amending
150 s. 390.0111, F.S.; revising the circumstances under
151 which a pregnancy in the third trimester may be
152 terminated; providing the standard of medical care for
153 the termination of a pregnancy during the third
154 trimester; providing criminal penalties for a
155 violation of s. 390.01112, F.S.; authorizing
156 administrative discipline for a violation of s.
157 390.01112, F.S., by certain licensed professionals;
158 creating s. 390.01112, F.S.; prohibiting the
159 termination of a viable fetus; providing exceptions;
160 requiring a physician to perform certain examinations
161 to determine the viability of a fetus; providing the
162 standard of care for the termination of a viable
163 fetus; amending s. 797.03, F.S.; prohibiting an
164 abortion of a viable fetus outside of a hospital;
165 providing for severability; providing for a contingent
166 future repeal and reversion of law; providing an
167 effective date.