Florida Senate - 2022                                     SB 628
       By Senator Book
       32-00563-22                                            2022628__
    1                        A bill to be entitled                      
    2         An act relating to abortion clinic regulations;
    3         amending s. 390.0111, F.S.; deleting a specified
    4         timeframe in which certain information must be
    5         provided to a pregnant woman before a termination of
    6         pregnancy may be performed; conforming a provision;
    7         deleting provisions prohibiting state agencies, local
    8         governmental entities, and Medicaid managed care plans
    9         from expending funds for the benefit of, paying funds
   10         to, or initiating or renewing contracts with certain
   11         organizations that perform abortions; amending s.
   12         390.012, F.S.; deleting a requirement that the Agency
   13         for Health Care Administration inspect a specified
   14         percentage of abortion clinic patient records as a
   15         component of license inspections; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Paragraph (a) of subsection (3) and subsection
   21  (15) of section 390.0111, Florida Statutes, are amended to read:
   22         390.0111 Termination of pregnancies.—
   23         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
   24  be performed or induced except with the voluntary and informed
   25  written consent of the pregnant woman or, in the case of a
   26  mental incompetent, the voluntary and informed written consent
   27  of her court-appointed guardian.
   28         (a) Except in the case of a medical emergency, consent to a
   29  termination of pregnancy is voluntary and informed only if:
   30         1. The physician who is to perform the procedure, or the
   31  referring physician, has, at a minimum, orally, while physically
   32  present in the same room, and at least 24 hours before the
   33  procedure, informed the woman of:
   34         a. The nature and risks of undergoing or not undergoing the
   35  proposed procedure that a reasonable patient would consider
   36  material to making a knowing and willful decision of whether to
   37  terminate a pregnancy.
   38         b. The probable gestational age of the fetus, verified by
   39  an ultrasound, at the time the termination of pregnancy is to be
   40  performed.
   41         (I) The ultrasound must be performed by the physician who
   42  is to perform the abortion or by a person having documented
   43  evidence that he or she has completed a course in the operation
   44  of ultrasound equipment as prescribed by rule and who is working
   45  in conjunction with the physician.
   46         (II) The person performing the ultrasound must offer the
   47  woman the opportunity to view the live ultrasound images and
   48  hear an explanation of them. If the woman accepts the
   49  opportunity to view the images and hear the explanation, a
   50  physician or a registered nurse, licensed practical nurse,
   51  advanced practice registered nurse, or physician assistant
   52  working in conjunction with the physician must contemporaneously
   53  review and explain the images to the woman before the woman
   54  gives informed consent to having an abortion procedure
   55  performed.
   56         (III) The woman has a right to decline to view and hear the
   57  explanation of the live ultrasound images after she is informed
   58  of her right and offered an opportunity to view the images and
   59  hear the explanation. If the woman declines, the woman shall
   60  complete a form acknowledging that she was offered an
   61  opportunity to view and hear the explanation of the images but
   62  that she declined that opportunity. The form must also indicate
   63  that the woman’s decision was not based on any undue influence
   64  from any person to discourage her from viewing the images or
   65  hearing the explanation and that she declined of her own free
   66  will.
   67         (IV) Unless requested by the woman, the person performing
   68  the ultrasound may not offer the opportunity to view the images
   69  and hear the explanation and the explanation may not be given
   70  if, at the time the woman schedules or arrives for her
   71  appointment to obtain an abortion, a copy of a restraining
   72  order, police report, medical record, or other court order or
   73  documentation is presented which provides evidence that the
   74  woman is obtaining the abortion because the woman is a victim of
   75  rape, incest, domestic violence, or human trafficking or that
   76  the woman has been diagnosed as having a condition that, on the
   77  basis of a physician’s good faith clinical judgment, would
   78  create a serious risk of substantial and irreversible impairment
   79  of a major bodily function if the woman delayed terminating her
   80  pregnancy.
   81         c. The medical risks to the woman and fetus of carrying the
   82  pregnancy to term.
   84  The physician may provide the information required in this
   85  subparagraph within 24 hours before the procedure if requested
   86  by the woman at the time she schedules or arrives for her
   87  appointment to obtain an abortion and if she presents to the
   88  physician a copy of a restraining order, police report, medical
   89  record, or other court order or documentation evidencing that
   90  she is obtaining the abortion because she is a victim of rape,
   91  incest, domestic violence, or human trafficking.
   92         2. Printed materials prepared and provided by the
   93  department have been provided to the pregnant woman, if she
   94  chooses to view these materials, including:
   95         a. A description of the fetus, including a description of
   96  the various stages of development.
   97         b. A list of entities that offer alternatives to
   98  terminating the pregnancy.
   99         c. Detailed information on the availability of medical
  100  assistance benefits for prenatal care, childbirth, and neonatal
  101  care.
  102         3. The woman acknowledges in writing, before the
  103  termination of pregnancy, that the information required to be
  104  provided under this subsection has been provided.
  106  Nothing in this paragraph is intended to prohibit a physician
  107  from providing any additional information which the physician
  108  deems material to the woman’s informed decision to terminate her
  109  pregnancy.
  110         (15)USE OF PUBLIC FUNDS RESTRICTED.—A state agency, a
  111  local governmental entity, or a managed care plan providing
  112  services under part IV of chapter 409 may not expend funds for
  113  the benefit of, pay funds to, or initiate or renew a contract
  114  with an organization that owns, operates, or is affiliated with
  115  one or more clinics that are licensed under this chapter and
  116  perform abortions unless one or more of the following applies:
  117         (a)All abortions performed by such clinics are:
  118         1.On fetuses that are conceived through rape or incest; or
  119         2. Are medically necessary to preserve the life of the
  120  pregnant woman or to avert a serious risk of substantial and
  121  irreversible physical impairment of a major bodily function of
  122  the pregnant woman, other than a psychological condition.
  123         (b) The funds must be expended to fulfill the terms of a
  124  contract entered into before July 1, 2016.
  125         (c) The funds must be expended as reimbursement for
  126  Medicaid services provided on a fee-for-service basis.
  127         Section 2. Paragraph (c) of subsection (1) of section
  128  390.012, Florida Statutes, is amended to read:
  129         390.012 Powers of agency; rules; disposal of fetal
  130  remains.—
  131         (1) The agency may develop and enforce rules pursuant to
  132  ss. 390.011-390.018 and part II of chapter 408 for the health,
  133  care, and treatment of persons in abortion clinics and for the
  134  safe operation of such clinics.
  135         (c) The rules shall provide for:
  136         1. The performance of pregnancy termination procedures only
  137  by a licensed physician.
  138         2. The making, protection, and preservation of patient
  139  records, which shall be treated as medical records under chapter
  140  458. When performing a license inspection of a clinic, the
  141  agency shall inspect at least 50 percent of patient records
  142  generated since the clinic’s last license inspection.
  143         3. Annual inspections by the agency of all clinics licensed
  144  under this chapter to ensure that such clinics are in compliance
  145  with this chapter and agency rules.
  146         4. The prompt investigation of credible allegations of
  147  abortions being performed at a clinic that is not licensed to
  148  perform such procedures.
  149         Section 3. This act shall take effect July 1, 2022.