Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/28/2023           .                                

       The Committee on Fiscal Policy (Berman) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 224 and 225
    4  insert:
    5         (3) CONSENT CONSENTS REQUIRED.—Except in the case of a
    6  medical emergency as provided in paragraph (b), a termination of
    7  pregnancy may not be performed or induced except with the
    8  voluntary and informed written consent of the pregnant woman or,
    9  in the case of a mental incompetent, the voluntary and informed
   10  written consent of her court-appointed guardian.
   11         (a) Except in the case of a medical emergency, Consent to a
   12  termination of pregnancy is voluntary and informed only if:
   13         1. The physician who is to perform the procedure, or the
   14  referring physician, has, at a minimum, orally, while physically
   15  present in the same room, and at least 24 hours before the
   16  procedure, informed the woman of:
   17         a. The nature and risks of undergoing or not undergoing the
   18  proposed procedure that a reasonable patient would consider
   19  material to making a knowing and willful decision of whether to
   20  terminate a pregnancy.
   21         b. The probable gestational age of the fetus, verified by
   22  an ultrasound, at the time the termination of pregnancy is to be
   23  performed.
   24         (I) The ultrasound must be performed by the physician who
   25  is to perform the abortion or by a person having documented
   26  evidence that he or she has completed a course in the operation
   27  of ultrasound equipment as prescribed by rule and who is working
   28  in conjunction with the physician.
   29         (II) The person performing the ultrasound must offer the
   30  woman the opportunity to view the live ultrasound images and
   31  hear an explanation of them. If the woman accepts the
   32  opportunity to view the images and hear the explanation, a
   33  physician or a registered nurse, licensed practical nurse,
   34  advanced practice registered nurse, or physician assistant
   35  working in conjunction with the physician must contemporaneously
   36  review and explain the images to the woman before the woman
   37  gives informed consent to having an abortion procedure
   38  performed.
   39         (III) The woman has a right to decline to view and hear the
   40  explanation of the live ultrasound images after she is informed
   41  of her right and offered an opportunity to view the images and
   42  hear the explanation. If the woman declines, the woman shall
   43  complete a form acknowledging that she was offered an
   44  opportunity to view and hear the explanation of the images but
   45  that she declined that opportunity. The form must also indicate
   46  that the woman’s decision was not based on any undue influence
   47  from any person to discourage her from viewing the images or
   48  hearing the explanation and that she declined of her own free
   49  will.
   50         (IV) Unless requested by the woman, the person performing
   51  the ultrasound may not offer the opportunity to view the images
   52  and hear the explanation and the explanation may not be given
   53  if, at the time the woman schedules or arrives for her
   54  appointment to obtain an abortion, a copy of a restraining
   55  order, police report, medical record, or other court order or
   56  documentation is presented which provides evidence that the
   57  woman is obtaining the abortion because the woman is a victim of
   58  rape, incest, domestic violence, or human trafficking or that
   59  the woman has been diagnosed as having a condition that, on the
   60  basis of a physician’s good faith clinical judgment, would
   61  create a serious risk of substantial and irreversible impairment
   62  of a major bodily function if the woman delayed terminating her
   63  pregnancy.
   64         c. The medical risks to the woman and fetus of carrying the
   65  pregnancy to term.
   67  The physician may provide the information required in this
   68  subparagraph within 24 hours before the procedure if requested
   69  by the woman at the time she schedules or arrives for her
   70  appointment to obtain an abortion and if she presents to the
   71  physician a copy of a restraining order, police report, medical
   72  record, or other court order or documentation evidencing that
   73  she is obtaining the abortion because she is a victim of rape,
   74  incest, domestic violence, or human trafficking.
   75         2. Printed materials prepared and provided by the
   76  department have been provided to the pregnant woman, if she
   77  chooses to view these materials, including:
   78         a. A description of the fetus, including a description of
   79  the various stages of development.
   80         b. A list of entities that offer alternatives to
   81  terminating the pregnancy.
   82         c. Detailed information on the availability of medical
   83  assistance benefits for prenatal care, childbirth, and neonatal
   84  care.
   85         3. The woman acknowledges in writing, before the
   86  termination of pregnancy, that the information required to be
   87  provided under this subsection has been provided.
   89  Nothing in this paragraph is intended to prohibit a physician
   90  from providing any additional information which the physician
   91  deems material to the woman’s informed decision to terminate her
   92  pregnancy.
   93         (b) If a medical emergency exists and a physician cannot
   94  comply with the requirements for informed consent, a physician
   95  may terminate a pregnancy if he or she has obtained at least one
   96  corroborative medical opinion attesting to the medical necessity
   97  for emergency medical procedures and to the fact that to a
   98  reasonable degree of medical certainty the continuation of the
   99  pregnancy would threaten the life of the pregnant woman. If a
  100  second physician is not available for a corroborating opinion,
  101  the physician may proceed but shall document reasons for the
  102  medical necessity in the patient’s medical records.
  103         (c) Violation of this subsection by a physician constitutes
  104  grounds for disciplinary action under s. 458.331 or s. 459.015.
  105  Substantial compliance or reasonable belief that complying with
  106  the requirements of informed consent would threaten the life or
  107  health of the patient is a defense to any action brought under
  108  this paragraph.
  110  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  111  And the directory clause is amended as follows:
  112         Delete line 180
  113  and insert:
  114         Section 3. Subsections (1), (2), (3), (10), and (13) of
  115  section
  117  ================= T I T L E  A M E N D M E N T ================
  118  And the title is amended as follows:
  119         Delete line 33
  120  and insert:
  121         any other courier or shipping service; deleting a
  122         requirement that a physician provide certain
  123         information to a pregnant woman at least 24 hours
  124         before an abortion procedure; conforming