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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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, a
   19  local governmental entity, or a managed care plan providing
   20  services under part IV of chapter 409 may not expend funds for
   21  the benefit of, pay funds to, or initiate or renew a contract
   22  with an organization that owns, operates, or is affiliated with
   23  one or more clinics that are licensed under this chapter and
   24  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; or
   27         2. Are medically necessary to preserve the life of the
   28  pregnant woman or to avert a serious risk of substantial and
   29  irreversible physical impairment of a major bodily function of
   30  the pregnant woman, other than a psychological condition.
   31         (b) The funds must be expended to fulfill the terms of a
   32  contract entered into before July 1, 2016.
   33         (c) The funds must be expended as reimbursement for
   34  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, the
   49  agency shall inspect at least 50 percent of patient records
   50  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.