Florida Senate - 2017 SB 1114 By Senator Clemens 31-00548-17 20171114__ 1 A bill to be entitled 2 An act relating to the termination of pregnancies; 3 amending s. 390.0111, F.S.; removing a restriction on 4 the use of public funds for the termination of 5 pregnancies; amending s. 390.012, F.S.; removing a 6 requirement that the Agency for Health Care 7 Administration adopt a rule requiring it, when 8 performing a license inspection of a clinic, to 9 inspect at least a certain percentage of patient 10 records generated since the clinic’s last inspection; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Subsection (15) of section 390.0111, Florida 16 Statutes, is amended to read: 17 390.0111 Termination of pregnancies.— 18
(15) USE OF PUBLIC FUNDS RESTRICTED.—A state agency, a19 local governmental entity, or a managed care plan providing20 services under part IV of chapter 409 may not expend funds for21 the benefit of, pay funds to, or initiate or renew a contract22 with an organization that owns, operates, or is affiliated with23 one or more clinics that are licensed under this chapter and24 perform abortions unless one or more of the following applies:25 (a) All abortions performed by such clinics are:26 1. On fetuses that are conceived through rape or incest; or27 2. Are medically necessary to preserve the life of the28 pregnant woman or to avert a serious risk of substantial and29 irreversible physical impairment of a major bodily function of30 the pregnant woman, other than a psychological condition.31 (b) The funds must be expended to fulfill the terms of a32 contract entered into before July 1, 2016.33 (c) The funds must be expended as reimbursement for34 Medicaid services provided on a fee-for-service basis.35 Section 2. Paragraph (c) of subsection (1) of section 36 390.012, Florida Statutes, is amended to read: 37 390.012 Powers of agency; rules; disposal of fetal 38 remains.— 39 (1) The agency may develop and enforce rules pursuant to 40 ss. 390.011-390.018 and part II of chapter 408 for the health, 41 care, and treatment of persons in abortion clinics and for the 42 safe operation of such clinics. 43 (c) The rules shall provide for: 44 1. The performance of pregnancy termination procedures only 45 by a licensed physician. 46 2. The making, protection, and preservation of patient 47 records, which shall be treated as medical records under chapter 48 458. When performing a license inspection of a clinic, the49 agency shall inspect at least 50 percent of patient records50 generated since the clinic’s last license inspection.51 3. Annual inspections by the agency of all clinics licensed 52 under this chapter to ensure that such clinics are in compliance 53 with this chapter and agency rules. 54 4. The prompt investigation of credible allegations of 55 abortions being performed at a clinic that is not licensed to 56 perform such procedures. 57 Section 3. This act shall take effect July 1, 2017.