Florida Senate - 2015                                     SB 724
       By Senator Flores
       37-00574A-15                                           2015724__
    1                        A bill to be entitled                      
    2         An act relating to termination of pregnancies;
    3         amending s. 390.0111, F.S.; revising conditions for
    4         the voluntary and informed consent to a termination of
    5         pregnancy; reenacting s. 390.012(3)(d), F.S., relating
    6         to Agency for Health Care Administration rules
    7         regarding medical screening and evaluation of abortion
    8         clinic patients, to incorporate the amendment made by
    9         this act to s. 390.0111, F.S., in a reference thereto;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (a) of subsection (3) of section
   15  390.0111, Florida Statutes, is amended to read:
   16         390.0111 Termination of pregnancies.—
   17         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
   18  be performed or induced except with the voluntary and informed
   19  written consent of the pregnant woman or, in the case of a
   20  mental incompetent, the voluntary and informed written consent
   21  of her court-appointed guardian.
   22         (a) Except in the case of a medical emergency, consent to a
   23  termination of pregnancy is voluntary and informed only if:
   24         1. The physician who is to perform the procedure, or the
   25  referring physician, has, at a minimum, orally, while physically
   26  present in the same room, and at least 24 hours before the
   27  procedure in person, informed the woman of:
   28         a. The nature and risks of undergoing or not undergoing the
   29  proposed procedure that a reasonable patient would consider
   30  material to making a knowing and willful decision of whether to
   31  terminate a pregnancy.
   32         b. The probable gestational age of the fetus, verified by
   33  an ultrasound, at the time the termination of pregnancy is to be
   34  performed.
   35         (I) The ultrasound must be performed by the physician who
   36  is to perform the abortion or by a person having documented
   37  evidence that he or she has completed a course in the operation
   38  of ultrasound equipment as prescribed by rule and who is working
   39  in conjunction with the physician.
   40         (II) The person performing the ultrasound must offer the
   41  woman the opportunity to view the live ultrasound images and
   42  hear an explanation of them. If the woman accepts the
   43  opportunity to view the images and hear the explanation, a
   44  physician or a registered nurse, licensed practical nurse,
   45  advanced registered nurse practitioner, or physician assistant
   46  working in conjunction with the physician must contemporaneously
   47  review and explain the images to the woman before the woman
   48  gives informed consent to having an abortion procedure
   49  performed.
   50         (III) The woman has a right to decline to view and hear the
   51  explanation of the live ultrasound images after she is informed
   52  of her right and offered an opportunity to view the images and
   53  hear the explanation. If the woman declines, the woman shall
   54  complete a form acknowledging that she was offered an
   55  opportunity to view and hear the explanation of the images but
   56  that she declined that opportunity. The form must also indicate
   57  that the woman’s decision was not based on any undue influence
   58  from any person to discourage her from viewing the images or
   59  hearing the explanation and that she declined of her own free
   60  will.
   61         (IV) Unless requested by the woman, the person performing
   62  the ultrasound may not offer the opportunity to view the images
   63  and hear the explanation and the explanation may not be given
   64  if, at the time the woman schedules or arrives for her
   65  appointment to obtain an abortion, a copy of a restraining
   66  order, police report, medical record, or other court order or
   67  documentation is presented which provides evidence that the
   68  woman is obtaining the abortion because the woman is a victim of
   69  rape, incest, domestic violence, or human trafficking or that
   70  the woman has been diagnosed as having a condition that, on the
   71  basis of a physician’s good faith clinical judgment, would
   72  create a serious risk of substantial and irreversible impairment
   73  of a major bodily function if the woman delayed terminating her
   74  pregnancy.
   75         c. The medical risks to the woman and fetus of carrying the
   76  pregnancy to term.
   77         2. Printed materials prepared and provided by the
   78  department have been provided to the pregnant woman, if she
   79  chooses to view these materials, including:
   80         a. A description of the fetus, including a description of
   81  the various stages of development.
   82         b. A list of entities that offer alternatives to
   83  terminating the pregnancy.
   84         c. Detailed information on the availability of medical
   85  assistance benefits for prenatal care, childbirth, and neonatal
   86  care.
   87         3. The woman acknowledges in writing, before the
   88  termination of pregnancy, that the information required to be
   89  provided under this subsection has been provided.
   91  Nothing in this paragraph is intended to prohibit a physician
   92  from providing any additional information which the physician
   93  deems material to the woman’s informed decision to terminate her
   94  pregnancy.
   95         Section 2. For the purpose of incorporating the amendment
   96  made by this act to section 390.0111, Florida Statutes, in a
   97  reference thereto, paragraph (d) of subsection (3) of section
   98  390.012, Florida Statutes, is reenacted to read:
   99         390.012 Powers of agency; rules; disposal of fetal
  100  remains.—
  101         (3) For clinics that perform or claim to perform abortions
  102  after the first trimester of pregnancy, the agency shall adopt
  103  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  104  provisions of this chapter, including the following:
  105         (d) Rules relating to the medical screening and evaluation
  106  of each abortion clinic patient. At a minimum, these rules shall
  107  require:
  108         1. A medical history including reported allergies to
  109  medications, antiseptic solutions, or latex; past surgeries; and
  110  an obstetric and gynecological history.
  111         2. A physical examination, including a bimanual examination
  112  estimating uterine size and palpation of the adnexa.
  113         3. The appropriate laboratory tests, including:
  114         a. Urine or blood tests for pregnancy performed before the
  115  abortion procedure.
  116         b. A test for anemia.
  117         c. Rh typing, unless reliable written documentation of
  118  blood type is available.
  119         d. Other tests as indicated from the physical examination.
  120         4. An ultrasound evaluation for all patients. The rules
  121  shall require that if a person who is not a physician performs
  122  an ultrasound examination, that person shall have documented
  123  evidence that he or she has completed a course in the operation
  124  of ultrasound equipment as prescribed in rule. The rules shall
  125  require clinics to be in compliance with s. 390.0111.
  126         5. That the physician is responsible for estimating the
  127  gestational age of the fetus based on the ultrasound examination
  128  and obstetric standards in keeping with established standards of
  129  care regarding the estimation of fetal age as defined in rule
  130  and shall write the estimate in the patient’s medical history.
  131  The physician shall keep original prints of each ultrasound
  132  examination of a patient in the patient’s medical history file.
  133         Section 3. This act shall take effect July 1, 2015.