Florida Senate - 2014                              CS for SB 918
       
       
        
       By the Committee on Health Policy; and Senators Flores and
       Benacquisto
       
       
       
       
       588-03595-14                                           2014918c1
    1                        A bill to be entitled                      
    2         An act relating to the termination of pregnancies;
    3         amending s. 390.011, F.S.; defining the terms
    4         “reasonable medical judgment” and “standard medical
    5         measure” and redefining the term “viability”; amending
    6         s. 390.0111, F.S.; revising the circumstances under
    7         which a pregnancy in the third trimester may be
    8         terminated; providing the standard of medical care for
    9         the termination of a pregnancy during the third
   10         trimester; providing criminal penalties for a
   11         violation of s. 390.01112, F.S.; authorizing
   12         administrative discipline for a violation of s.
   13         390.01112, F.S., by certain licensed professionals;
   14         creating s. 390.01112, F.S.; prohibiting the
   15         termination of a viable fetus; providing exceptions;
   16         requiring a physician to perform certain examinations
   17         to determine the viability of a fetus; providing the
   18         standard of care for the termination of a viable
   19         fetus; amending s. 797.03, F.S.; prohibiting an
   20         abortion of a viable fetus outside of a hospital;
   21         providing for severability; providing for a contingent
   22         future repeal and reversion of law; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present subsection (9) of section 390.011,
   28  Florida Statutes, is redesignated as subsection (11) and new
   29  subsections (9), (10) and (12) are added to that section, to
   30  read:
   31         390.011 Definitions.—As used in this chapter, the term:
   32         (9)“Reasonable medical judgment” means a medical judgment
   33  that would be made by a reasonably prudent physician,
   34  knowledgeable about the case and treatment possibilities with
   35  respect to the medical conditions involved.
   36         (10)“Standard medical measure” means the medical care that
   37  a physician would provide based on the particular facts of the
   38  pregnancy, the information available to the physician, and the
   39  technology reasonably available in a hospital, as defined in s.
   40  395.002, with an obstetrical department, to preserve the life
   41  and health of the fetus, with or without temporary artificial
   42  life sustaining support, if the fetus were born at the same
   43  stage of fetal development.
   44         (12) “Viable” or “viability” means the stage of fetal
   45  development when the life of a fetus is sustainable outside the
   46  womb through standard medical measures.
   47         Section 2. Subsections (1), (4), (10), and (13) of section
   48  390.0111, Florida Statutes, are amended to read:
   49         390.0111 Termination of pregnancies.—
   50         (1) TERMINATION IN THIRD TRIMESTER; WHEN ALLOWED.—No
   51  termination of pregnancy shall be performed on any human being
   52  in the third trimester of pregnancy unless one of the following
   53  conditions is met:
   54         (a) Two physicians certify in writing to the fact that, in
   55  reasonable medical judgment to a reasonable degree of medical
   56  probability, the termination of the pregnancy is necessary to
   57  save the pregnant woman’s life or avert a serious risk of
   58  substantial and irreversible physical impairment of a major
   59  bodily function of the pregnant woman other than a psychological
   60  condition. or preserve the health of the pregnant woman; or
   61         (b) The physician certifies in writing that, in reasonable
   62  medical judgment, there is a to the medical necessity for
   63  legitimate emergency medical procedures for termination of the
   64  pregnancy to save the pregnant woman’s life or avert a serious
   65  risk of imminent substantial and irreversible physical
   66  impairment of a major bodily function of the pregnant woman
   67  other than a psychological condition in the third trimester, and
   68  another physician is not available for consultation.
   69         (4) STANDARD OF MEDICAL CARE TO BE USED IN THIRD TRIMESTER
   70  DURING VIABILITY.—If a termination of pregnancy is performed in
   71  the third trimester, the physician performing during viability,
   72  no person who performs or induces the termination of pregnancy
   73  must exercise the same shall fail to use that degree of
   74  professional skill, care, and diligence to preserve the life and
   75  health of the fetus which the physician such person would be
   76  required to exercise in order to preserve the life and health of
   77  a any fetus intended to be born and not aborted. However, if
   78  preserving the life and health of the fetus conflicts with
   79  preserving the life and health of the pregnant woman, the
   80  physician must consider preserving the woman’s life and health
   81  the overriding and superior concern “Viability” means that stage
   82  of fetal development when the life of the unborn child may with
   83  a reasonable degree of medical probability be continued
   84  indefinitely outside the womb. Notwithstanding the provisions of
   85  this subsection, the woman’s life and health shall constitute an
   86  overriding and superior consideration to the concern for the
   87  life and health of the fetus when such concerns are in conflict.
   88         (10) PENALTIES FOR VIOLATION.—Except as provided in
   89  subsections (3), (7), and (12):
   90         (a) Any person who willfully performs, or actively
   91  participates in, a termination of pregnancy procedure in
   92  violation of the requirements of this section or s. 390.01112
   93  commits a felony of the third degree, punishable as provided in
   94  s. 775.082, s. 775.083, or s. 775.084.
   95         (b) Any person who performs, or actively participates in, a
   96  termination of pregnancy procedure in violation of the
   97  provisions of this section or s. 390.01112 which results in the
   98  death of the woman commits a felony of the second degree,
   99  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  100         (13) FAILURE TO COMPLY.—Failure to comply with the
  101  requirements of this section or s. 390.01112 constitutes grounds
  102  for disciplinary action under each respective practice act and
  103  under s. 456.072.
  104         Section 3. Section 390.01112, Florida Statutes, is created
  105  to read:
  106         390.01112 Termination of pregnancies during viability.—
  107         (1) No termination of pregnancy shall be performed on any
  108  human being if the physician determines that, in reasonable
  109  medical judgment, the fetus has achieved viability, unless:
  110         (a) Two physicians certify in writing that, in reasonable
  111  medical judgment, the termination of the pregnancy is necessary
  112  to save the pregnant woman’s life or avert a serious risk of
  113  substantial and irreversible physical impairment of a major
  114  bodily function of the pregnant woman other than a psychological
  115  condition; or
  116         (b) The physician certifies in writing that, in reasonable
  117  medical judgment, there is a medical necessity for legitimate
  118  emergency medical procedures for termination of the pregnancy to
  119  save the pregnant woman’s life or avert a serious risk of
  120  imminent substantial and irreversible physical impairment of a
  121  major bodily function of the pregnant woman other than a
  122  psychological condition, and another physician is not available
  123  for consultation.
  124         (2) Before performing a termination of pregnancy, a
  125  physician must determine if the fetus is viable by, at a
  126  minimum, performing a medical examination of the pregnant woman
  127  and, to the maximum extent possible through reasonably available
  128  tests and the ultrasound required under s. 390.0111(3), an
  129  examination of the fetus. The physician must document in the
  130  pregnant woman’s medical file the physician’s determination and
  131  the method, equipment, fetal measurements, and any other
  132  information used to determine the viability of the fetus.
  133         (3) If a termination of pregnancy is performed during
  134  viability, the physician performing the termination of pregnancy
  135  must exercise the same degree of professional skill, care, and
  136  diligence to preserve the life and health of the fetus that the
  137  physician would be required to exercise in order to preserve the
  138  life and health of a fetus intended to be born and not aborted.
  139  However, if preserving the life and health of the fetus
  140  conflicts with preserving the life and health of the woman, the
  141  physician must consider preserving the woman’s life and health
  142  the overriding and superior concern.
  143         Section 4. Subsection (3) of section 797.03, Florida
  144  Statutes, is amended to read:
  145         797.03 Prohibited acts; penalties.—
  146         (3) It is unlawful for any person to perform or assist in
  147  performing an abortion on a person during viability or in the
  148  third trimester other than in a hospital.
  149         Section 5. Severability and reversion.—
  150         (1) If any provision of this act or its application to any
  151  person or circumstance is held invalid, the invalidity does not
  152  affect other provisions or applications of this act which can be
  153  given effect without the invalid provision or application, and
  154  to this end the provisions of this act are severable.
  155         (2) Notwithstanding subsection (1), if s. 390.01112,
  156  Florida Statutes, is held unconstitutional and severed by a
  157  court having jurisdiction, the amendments made by this act to s.
  158  390.011, Florida Statutes, and subsections (4), (10), and (13)
  159  of s. 390.0111, Florida Statutes, will be repealed and will
  160  revert to the law as it existed on January 1, 2014.
  161         Section 6. This act shall take effect July 1, 2014.