Florida Senate - 2019                                    SB 1290
       By Senator Book
       32-01932-19                                           20191290__
    1                        A bill to be entitled                      
    2         An act relating to clinics that perform abortions;
    3         amending s. 390.0111, F.S.; deleting a provision
    4         prohibiting state agencies, local governmental
    5         entities, and Medicaid managed care plans from
    6         expending or paying funds or initiating or renewing
    7         contracts under certain circumstances with a certain
    8         organization that owns, operates, or is affiliated
    9         with a licensed clinic that performs abortions;
   10         amending s. 390.012, F.S.; deleting a requirement that
   11         the Agency for Health Care Administration inspect an
   12         abortion clinic’s patient records when performing
   13         licensure inspections; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsection (15) of section 390.0111, Florida
   18  Statutes, is amended to read:
   19         390.0111 Termination of pregnancies.—
   20         (15) USE OF PUBLIC FUNDS RESTRICTED.—A state agency, a
   21  local governmental entity, or a managed care plan providing
   22  services under part IV of chapter 409 may not expend funds for
   23  the benefit of, pay funds to, or initiate or renew a contract
   24  with an organization that owns, operates, or is affiliated with
   25  one or more clinics that are licensed under this chapter and
   26  perform abortions unless one or more of the following applies:
   27         (a) All abortions performed by such clinics are:
   28         1. On fetuses that are conceived through rape or incest; or
   29         2. Are medically necessary to preserve the life of the
   30  pregnant woman or to avert a serious risk of substantial and
   31  irreversible physical impairment of a major bodily function of
   32  the pregnant woman, other than a psychological condition.
   33         (b) The funds must be expended to fulfill the terms of a
   34  contract entered into before July 1, 2016.
   35         (c) The funds must be expended as reimbursement for
   36  Medicaid services provided on a fee-for-service basis.
   37         Section 2. Paragraph (c) of subsection (1) of section
   38  390.012, Florida Statutes, is amended to read:
   39         390.012 Powers of agency; rules; disposal of fetal
   40  remains.—
   41         (1) The agency may develop and enforce rules pursuant to
   42  ss. 390.011-390.018 and part II of chapter 408 for the health,
   43  care, and treatment of persons in abortion clinics and for the
   44  safe operation of such clinics.
   45         (c) The rules shall provide for:
   46         1. The performance of pregnancy termination procedures only
   47  by a licensed physician.
   48         2. The making, protection, and preservation of patient
   49  records, which shall be treated as medical records under chapter
   50  458. When performing a license inspection of a clinic, the
   51  agency shall inspect at least 50 percent of patient records
   52  generated since the clinic’s last license inspection.
   53         3. Annual inspections by the agency of all clinics licensed
   54  under this chapter to ensure that such clinics are in compliance
   55  with this chapter and agency rules.
   56         4. The prompt investigation of credible allegations of
   57  abortions being performed at a clinic that is not licensed to
   58  perform such procedures.
   59         Section 3. This act shall take effect upon becoming a law.