Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/30/2023 06:03 PM       .                                

       Senator Book moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 224 and 225
    4  insert:
    5         (3) CONSENTS REQUIRED.—A termination of pregnancy may not
    6  be performed or induced except with the voluntary and informed
    7  written consent of the pregnant woman or, in the case of a
    8  mental incompetent, the voluntary and informed written consent
    9  of her court-appointed guardian.
   10         (a) Except in the case of a medical emergency, consent to a
   11  termination of pregnancy is voluntary and informed only if:
   12         1. The physician who is to perform the procedure, or the
   13  referring physician, has confirmed that, at a minimum, orally,
   14  while physically present in the same room, and at least 24 hours
   15  before the procedure, the woman accessed and reviewed all of the
   16  following information provided on the department’s website
   17  informed the woman of:
   18         a. The nature and risks of undergoing or not undergoing the
   19  proposed procedure that a reasonable patient would consider
   20  material to making a knowing and willful decision of whether to
   21  terminate a pregnancy.
   22         b. The probable gestational age of the fetus, verified by
   23  an ultrasound, at the time the termination of pregnancy is to be
   24  performed.
   25         (I) The ultrasound must be performed by the physician who
   26  is to perform the abortion or by a person having documented
   27  evidence that he or she has completed a course in the operation
   28  of ultrasound equipment as prescribed by rule and who is working
   29  in conjunction with the physician.
   30         (II) The person performing the ultrasound must offer the
   31  woman the opportunity to view the live ultrasound images and
   32  hear an explanation of them. If the woman accepts the
   33  opportunity to view the images and hear the explanation, a
   34  physician or a registered nurse, licensed practical nurse,
   35  advanced practice registered nurse, or physician assistant
   36  working in conjunction with the physician must contemporaneously
   37  review and explain the images to the woman before the woman
   38  gives informed consent to having an abortion procedure
   39  performed.
   40         (III) The woman has a right to decline to view and hear the
   41  explanation of the live ultrasound images after she is informed
   42  of her right and offered an opportunity to view the images and
   43  hear the explanation. If the woman declines, the woman shall
   44  complete a form acknowledging that she was offered an
   45  opportunity to view and hear the explanation of the images but
   46  that she declined that opportunity. The form must also indicate
   47  that the woman’s decision was not based on any undue influence
   48  from any person to discourage her from viewing the images or
   49  hearing the explanation and that she declined of her own free
   50  will.
   51         (IV) Unless requested by the woman, the person performing
   52  the ultrasound may not offer the opportunity to view the images
   53  and hear the explanation and the explanation may not be given
   54  if, at the time the woman schedules or arrives for her
   55  appointment to obtain an abortion, a copy of a restraining
   56  order, police report, medical record, or other court order or
   57  documentation is presented which provides evidence that the
   58  woman is obtaining the abortion because the woman is a victim of
   59  rape, incest, domestic violence, or human trafficking or that
   60  the woman has been diagnosed as having a condition that, on the
   61  basis of a physician’s good faith clinical judgment, would
   62  create a serious risk of substantial and irreversible impairment
   63  of a major bodily function if the woman delayed terminating her
   64  pregnancy.
   65         c. The medical risks to the woman and fetus of carrying the
   66  pregnancy to term.
   68  The department shall post all of the information required in
   69  this subparagraph on a dedicated webpage accessible through a
   70  conspicuous link on its homepage. The webpage must include a
   71  printable confirmation form that verifies the date and time the
   72  information was reviewed. The woman must present the
   73  confirmation form to the physician at her appointment. The
   74  physician must maintain the confirmation form in the woman’s
   75  medical records physician may provide the information required
   76  in this subparagraph within 24 hours before the procedure if
   77  requested by the woman at the time she schedules or arrives for
   78  her appointment to obtain an abortion and if she presents to the
   79  physician a copy of a restraining order, police report, medical
   80  record, or other court order or documentation evidencing that
   81  she is obtaining the abortion because she is a victim of rape,
   82  incest, domestic violence, or human trafficking.
   83         2. Printed materials prepared and provided by the
   84  department have been provided to the pregnant woman, if she
   85  chooses to view these materials, including:
   86         a. A description of the fetus, including a description of
   87  the various stages of development.
   88         b. A list of entities that offer alternatives to
   89  terminating the pregnancy.
   90         c. Detailed information on the availability of medical
   91  assistance benefits for prenatal care, childbirth, and neonatal
   92  care.
   93         3. The woman acknowledges in writing, before the
   94  termination of pregnancy, that the information required to be
   95  provided under this subsection has been provided.
   97  Nothing in this paragraph is intended to prohibit a physician
   98  from providing any additional information which the physician
   99  deems material to the woman’s informed decision to terminate her
  100  pregnancy.
  102  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  103  And the directory clause is amended as follows:
  104         Delete line 180
  105  and insert:
  106         Section 3. Subsections (1) and (2), paragraph (a) of
  107  subsection (3), and subsections (10) and (13) of section
  109  ================= T I T L E  A M E N D M E N T ================
  110  And the title is amended as follows:
  111         Delete line 33
  112  and insert:
  113         any other courier or shipping service; revising
  114         requirements for obtaining informed consent for an
  115         abortion procedure; requiring the Department of Health
  116         to post specified information on a dedicated webpage
  117         accessible through a conspicuous link on its homepage;
  118         requiring the webpage to include a certain printable
  119         form; requiring the pregnant woman to present the form
  120         to the physician at her appointment; requiring the
  121         physician to maintain the form in the woman’s medical
  122         records; conforming