Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 12/F/2R         .                                
             03/30/2023 05:59 PM       .                                

       Senator Jones moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 216 - 224
    4  and insert:
    5         (2) PERFORMANCE BY PHYSICIAN REQUIRED.—Only a physician may
    6  perform or induce a No termination of pregnancy shall be
    7  performed at any time except by a physician as defined in s.
    8  390.011.
    9         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
   10  be performed or induced except with the voluntary and informed
   11  written consent of the pregnant woman or, in the case of a
   12  mental incompetent, the voluntary and informed written consent
   13  of her court-appointed guardian.
   14         (a) Except in the case of a medical emergency, consent to a
   15  termination of pregnancy is voluntary and informed only if:
   16         1. The physician who is to perform the procedure, or the
   17  referring physician, has, at a minimum, orally, while physically
   18  present in the same room, and at least 24 hours before the
   19  procedure, informed the woman of:
   20         a. The nature and risks of undergoing or not undergoing the
   21  proposed procedure that a reasonable patient would consider
   22  material to making a knowing and willful decision of whether to
   23  terminate a pregnancy.
   24         b. The probable gestational age of the fetus, verified by
   25  an ultrasound, at the time the termination of pregnancy is to be
   26  performed.
   27         (I) The ultrasound must be performed by the physician who
   28  is to perform the abortion or by a person having documented
   29  evidence that he or she has completed a course in the operation
   30  of ultrasound equipment as prescribed by rule and who is working
   31  in conjunction with the physician.
   32         (II) The person performing the ultrasound must offer the
   33  woman the opportunity to view the live ultrasound images and
   34  hear an explanation of them. If the woman accepts the
   35  opportunity to view the images and hear the explanation, a
   36  physician or a registered nurse, licensed practical nurse,
   37  advanced practice registered nurse, or physician assistant
   38  working in conjunction with the physician must contemporaneously
   39  review and explain the images to the woman before the woman
   40  gives informed consent to having an abortion procedure
   41  performed.
   42         (III) The woman has a right to decline to view and hear the
   43  explanation of the live ultrasound images after she is informed
   44  of her right and offered an opportunity to view the images and
   45  hear the explanation. If the woman declines, the woman shall
   46  complete a form acknowledging that she was offered an
   47  opportunity to view and hear the explanation of the images but
   48  that she declined that opportunity. The form must also indicate
   49  that the woman’s decision was not based on any undue influence
   50  from any person to discourage her from viewing the images or
   51  hearing the explanation and that she declined of her own free
   52  will.
   53         (IV) Unless requested by the woman, the person performing
   54  the ultrasound may not offer the opportunity to view the images
   55  and hear the explanation and the explanation may not be given
   56  if, at the time the woman schedules or arrives for her
   57  appointment to obtain an abortion, a copy of a restraining
   58  order, police report, medical record, or other court order or
   59  documentation is presented which provides evidence that the
   60  woman is obtaining the abortion because the woman is a victim of
   61  rape, incest, domestic violence, or human trafficking or that
   62  the woman has been diagnosed as having a condition that, on the
   63  basis of a physician’s good faith clinical judgment, would
   64  create a serious risk of substantial and irreversible impairment
   65  of a major bodily function if the woman delayed terminating her
   66  pregnancy.
   67         c. The medical risks to the woman and fetus of carrying the
   68  pregnancy to term.
   70  The physician may provide the information required in this
   71  subparagraph through telehealth as defined in s. 456.47 if the
   72  pregnant woman resides more than 100 miles from the nearest
   73  abortion provider. The physician may provide the information
   74  required in this subparagraph within 24 hours before the
   75  procedure if requested by the woman at the time she schedules or
   76  arrives for her appointment to obtain an abortion and if she
   77  presents to the physician a copy of a restraining order, police
   78  report, medical record, or other court order or documentation
   79  evidencing that she is obtaining the abortion because she is a
   80  victim of rape, incest, domestic violence, or human trafficking.
   81         2. Printed materials prepared and provided by the
   82  department have been provided to the pregnant woman, if she
   83  chooses to view these materials, including:
   84         a. A description of the fetus, including a description of
   85  the various stages of development.
   86         b. A list of entities that offer alternatives to
   87  terminating the pregnancy.
   88         c. Detailed information on the availability of medical
   89  assistance benefits for prenatal care, childbirth, and neonatal
   90  care.
   91         3. The woman acknowledges in writing, before the
   92  termination of pregnancy, that the information required to be
   93  provided under this subsection has been provided.
   95  Nothing in this paragraph is intended to prohibit a physician
   96  from providing any additional information which the physician
   97  deems material to the woman’s informed decision to terminate her
   98  pregnancy.
  100  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  101  And the directory clause is amended as follows:
  102         Delete line 180
  103  and insert:
  104         Section 3. Subsections (1) and (2), paragraph (a) of
  105  subsection (3), and subsections (10) and (13) of section
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete lines 28 - 33
  110  and insert:
  111         authorizing a physician to use telehealth to provide
  112         specified information for purposes of obtaining
  113         informed consent for an abortion procedure under
  114         certain circumstances; conforming