FL
Florida House Bill H0005

Florida 2022 Regular Session

Florida House Bill H0005 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1515 An act relating to reducing fetal and infant 2
1616 mortality; amending s. 381.84, F.S.; revising the 3
1717 purpose and requirements for the Comprehensive 4
1818 Statewide Tobacco Education and Use Prevention 5
1919 Program; revising a provision relating to a certain 6
2020 report to conform to changes made by the act; creating 7
2121 s. 383.21625, F.S.; providing a definition; requiring 8
2222 the Department of Health to contract with local 9
2323 healthy start coalitions for the creation of fetal and 10
2424 infant mortality review committees in all regions of 11
2525 the state; providing requirements for such committees; 12
2626 requiring local healthy start coalitions to report the 13
2727 findings and recommendations developed by the 14
2828 committees to the department annually; requiring the 15
2929 department to compile such findings and 16
3030 recommendations in a report and submit such report to 17
3131 the Governor and Legislature by a specified date and 18
3232 annually; authorizing the department to adopt rules; 19
3333 amending s. 390.011, F.S.; revising and providing 20
3434 definitions; amending s. 390.0111, F.S.; prohibiting a 21
3535 physician from performing a termination of pregnancy 22
3636 if the physician determines the gestational age of a 23
3737 fetus is more than a specified number of weeks; 24
3838 providing an exception; amending s. 390.0112, F.S.; 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 revising a requirement that the directors of certain 26
5252 medical facilities submit a monthly report to the 27
5353 Agency for Health Care Administration; requiring 28
5454 certain physicians to submit such report to the 29
5555 agency; requiring the report to be submitted 30
5656 electronically on a form adopted by the agency, the 31
5757 Board of Medicine, and the Board of Osteopathic 32
5858 Medicine; requiring the report to include certain 33
5959 additional information; removing obsolete language; 34
6060 creating s. 395.1054, F.S.; requiring that certain 35
6161 hospitals participate in a minimum number of quality 36
6262 improvement initiatives developed in collaboration 37
6363 with the Florida Perinatal Quality Collaborative 38
6464 within the University of South Florida College of 39
6565 Public Health; providing an appropriation; providing 40
6666 an effective date. 41
6767 42
6868 Be It Enacted by the Legislature of the Stat e of Florida: 43
6969 44
7070 Section 1. Subsections (2), (3), and (7) of section 45
7171 381.84, Florida Statutes, are amended to read: 46
7272 381.84 Comprehensive Statewide Tobacco Education and Use 47
7373 Prevention Program.— 48
7474 (2) PURPOSE, FINDINGS, AND INTENT. —It is the purpose of 49
7575 this section to implement s. 27, Art. X of the State 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 Constitution. The Legislature finds that s. 27, Art. X of the 51
8989 State Constitution requires the funding of a statewide tobacco 52
9090 education and use prevention program that focuses on tobacco use 53
9191 by youth. The Legislature further finds that the primary goals 54
9292 of the program are to reduce the prevalence of tobacco use among 55
9393 youth, adults, and pregnant women, and women who may become 56
9494 pregnant; reduce per capita tobacco consumption; and reduce 57
9595 exposure to environme ntal tobacco smoke. Further, it is the 58
9696 intent of the Legislature to base increases in funding for 59
9797 individual components of the program on the results of 60
9898 assessments and evaluations. Recognizing that some components 61
9999 will need to grow faster than inflation, it is the intent of the 62
100100 Legislature to fund portions of the program on a nonrecurring 63
101101 basis in the early years so that those components that are most 64
102102 effective can be supported as the program matures. 65
103103 (3) PROGRAM COMPONENTS AND REQUIREMENTS. —The department 66
104104 shall conduct a comprehensive, statewide tobacco education and 67
105105 use prevention program consistent with the recommendations for 68
106106 effective program components contained in the 1999 Best 69
107107 Practices for Comprehensive Tobacco Control Programs of the CDC, 70
108108 as amended by the CDC. The program shall include the following 71
109109 components, each of which shall focus on educating people, 72
110110 particularly pregnant women, women who may become pregnant, and 73
111111 youth and their parents, about the health hazards of tobacco and 74
112112 discouraging the use of tobacco: 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 (a) Counter-marketing and advertising; Internet resource 76
126126 center.—The counter-marketing and advertising campaign shall 77
127127 include, at a minimum, Internet, print, radio, and television 78
128128 advertising and shall be funded with a minimum of on e-third of 79
129129 the total annual appropriation required by s. 27, Art. X of the 80
130130 State Constitution. 81
131131 1. The campaign shall include an Internet resource center 82
132132 for copyrighted materials and information concerning tobacco 83
133133 education and use prevention, including cessation. The Internet 84
134134 resource center must be accessible to the public, including 85
135135 parents, teachers, and students, at each level of public and 86
136136 private schools, universities, and colleges in the state and 87
137137 shall provide links to other relevant resources. T he Internet 88
138138 address for the resource center must be incorporated in all 89
139139 advertising. The information maintained in the resource center 90
140140 shall be used by the other components of the program. 91
141141 2. The campaign shall use innovative communication 92
142142 strategies, such as targeting specific audiences who use 93
143143 personal communication devices and frequent social networking 94
144144 websites. 95
145145 (b) Cessation programs, counseling, and treatment. —This 96
146146 program component shall include two subcomponents: 97
147147 1. A statewide toll -free cessation service, which may 98
148148 include counseling, referrals to other local resources and 99
149149 support services, and treatment to the extent funds are 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 available for treatment services; and 101
163163 2. A local community -based program to disseminate 102
164164 information about tobacco -use cessation, how tobacco -use 103
165165 cessation relates to prenatal care and obesity prevention, and 104
166166 other chronic tobacco -related diseases. 105
167167 (c) Surveillance and evaluation. —The program shall conduct 106
168168 ongoing epidemiological surveillance and shall contract for 107
169169 annual independent evaluations of the effectiveness of the 108
170170 various components of the program in meeting the goals as set 109
171171 forth in subsection (2). 110
172172 (d) Youth school programs. —School and after-school 111
173173 programs shall use current evidence -based curricula and pro grams 112
174174 that involve youth to educate youth about the health hazards of 113
175175 tobacco, help youth develop skills to refuse tobacco, and 114
176176 demonstrate to youth how to stop using tobacco. 115
177177 (e) Community programs and chronic disease prevention. —The 116
178178 department shall promote and support local community -based 117
179179 partnerships that emphasize programs involving youth, pregnant 118
180180 women, and women who may become pregnant, including programs for 119
181181 the prevention, detection, and early intervention of tobacco -120
182182 related chronic diseases. 121
183183 (f) Training.—The program shall include the training of 122
184184 health care practitioners, tobacco -use cessation counselors, and 123
185185 teachers by health professional students and other toba cco-use 124
186186 prevention specialists who are trained in preventing tobacco use 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 and health education. Tobacco -use cessation counselors shall be 126
200200 trained by specialists who are certified in tobacco -use 127
201201 cessation. 128
202202 (g) Administration and management, statewide progr ams, and 129
203203 county health departments. —The department shall administer the 130
204204 program within the expenditure limit established in subsection 131
205205 (8). Each county health department is eligible to receive a 132
206206 portion of the annual appropriation, on a per capita basis, f or 133
207207 coordinating tobacco education and use prevention programs 134
208208 within that county. Appropriated funds may be used to improve 135
209209 the infrastructure of the county health department to implement 136
210210 the comprehensive, statewide tobacco education and use 137
211211 prevention program. Each county health department shall 138
212212 prominently display in all treatment rooms and waiting rooms 139
213213 counter-marketing and advertisement materials in the form of 140
214214 wall posters, brochures, television advertising if televisions 141
215215 are used in the lobby or wai ting room, and screensavers and 142
216216 Internet advertising if computer kiosks are available for use or 143
217217 viewing by people at the county health department. 144
218218 (h) Enforcement and awareness of related laws. —In 145
219219 coordination with the Department of Business and Profess ional 146
220220 Regulation, the program shall monitor the enforcement of laws, 147
221221 rules, and policies prohibiting the sale or other provision of 148
222222 tobacco to minors, as well as the continued enforcement of the 149
223223 Clean Indoor Air Act prescribed in chapter 386. The 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 advertisements produced in accordance with paragraph (a) may 151
237237 also include information designed to make the public aware of 152
238238 these related laws and rules. The departments may enter into 153
239239 interagency agreements to carry out this program component. 154
240240 (i) AHEC tobacco-use cessation initiative. —The AHEC 155
241241 network may administer the AHEC tobacco -use cessation initiative 156
242242 in each county within the state and perform other activities as 157
243243 determined by the department. 158
244244 (7) ANNUAL REPORT REQUIRED. —By January 31 of each year, 159
245245 the department shall provide to the Governor, the President of 160
246246 the Senate, and the Speaker of the House of Representatives a 161
247247 report that evaluates the program's effectiveness in reducing 162
248248 and preventing tobacco use and that recommends improvements to 163
249249 enhance the program's effectiveness. The report must contain, at 164
250250 a minimum, an annual survey of youth attitudes and behavior 165
251251 toward tobacco, as well as a description of the progress in 166
252252 reducing the prevalence of tobacco use among youth, adults, and 167
253253 pregnant women, and women who may become pregnant ; reducing per 168
254254 capita tobacco consumption; and reducing exposure to 169
255255 environmental tobacco smoke. 170
256256 Section 2. Section 383.21625, Florida Statutes, is created 171
257257 to read: 172
258258 383.21625 Fetal and infant mortality review committees. — 173
259259 (1) As used in this section, the term "department" means 174
260260 the Department of Health. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 (2) The department shall contract with local healthy start 176
274274 coalitions for the creation of fetal and infant mortality review 177
275275 committees in all regions of the state to i mprove fetal and 178
276276 infant mortality and morbidity in each region. Each committee 179
277277 shall: 180
278278 (a) Review and analyze rates, trends, causes, and other 181
279279 data related to fetal and infant mortality and morbidity in a 182
280280 geographic area. 183
281281 (b) Develop findings and recomm endations for interventions 184
282282 and policy changes to reduce fetal and infant mortality and 185
283283 morbidity rates. 186
284284 (c) Engage with local communities and stakeholders to 187
285285 implement recommended policies and procedures to reduce fetal 188
286286 and infant mortality and morbidit y. 189
287287 (3) Each local healthy start coalition shall report the 190
288288 findings and recommendations developed by each fetal and infant 191
289289 mortality review committee to the department annually. Beginning 192
290290 October 1, 2023, the department shall compile such findings and 193
291291 recommendations in an annual report, which must be submitted to 194
292292 the Governor, the President of the Senate, and the Speaker of 195
293293 the House of Representatives. 196
294294 (4) The department may adopt rules necessary to implement 197
295295 this section. 198
296296 Section 3. Subsections ( 6) and (7) of section 390.011, 199
297297 Florida Statutes, are renumbered as subsections (7) and (8), 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 respectively, present subsections (8) through (13) are 201
311311 renumbered as subsections (10) through (15), respectively, 202
312312 present subsection (6) is amended, and new subsect ions (6) and 203
313313 (9) are added to that section, to read: 204
314314 390.011 Definitions. —As used in this chapter, the term: 205
315315 (6) "Fatal fetal abnormality" means a terminal condition 206
316316 that, in reasonable medical judgment, regardless of the 207
317317 provision of life-saving medical treatment, is incompatible with 208
318318 life outside the womb and will result in death upon birth or 209
319319 imminently thereafter. 210
320320 (7)(6) "Gestation" means the development of a human embryo 211
321321 or fetus as calculated from the first day of the pregnant 212
322322 woman's last menstrual period between fertilization and birth . 213
323323 (9) "Medical abortion" means the administration or use of 214
324324 an abortion-inducing drug to induce an abortion. 215
325325 Section 4. Subsection (1) of section 390.0111, Florida 216
326326 Statutes, is amended to read: 217
327327 390.0111 Termination of pregnancies. — 218
328328 (1) TERMINATION AFTER GESTATIONAL AGE OF 15 WEEKS IN THIRD 219
329329 TRIMESTER; WHEN ALLOWED.—A physician may not perform a No 220
330330 termination of pregnancy if the physician determines the 221
331331 gestational age of the fetus is more than 15 weeks shall be 222
332332 performed on any human being in the third trimester of pregnancy 223
333333 unless one of the following conditions is met: 224
334334 (a) Two physicians certify in writing that, in reasonable 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 medical judgment, the termination of the pregnancy is necessary 226
348348 to save the pregnant woman's life or avert a serious risk of 227
349349 substantial and irreversible physical impairment of a major 228
350350 bodily function of the pregnant woman other than a psychological 229
351351 condition. 230
352352 (b) The physician certifies in writing that, in reasonable 231
353353 medical judgment, there is a medical necessity for legitimate 232
354354 emergency medical procedures for termination of the pregnancy to 233
355355 save the pregnant woman's life or avert a serious risk of 234
356356 imminent substantial and irreversible physical impairment of a 235
357357 major bodily function of the pregnant woman other than a 236
358358 psychological condition, and another physician is not available 237
359359 for consultation. 238
360360 (c) The fetus has not achieved viability under s. 239
361361 390.01112 and two physicians certify in writing that, in 240
362362 reasonable medical judgemen t, the fetus has a fatal fetal 241
363363 abnormality. 242
364364 Section 5. Section 390.0112, Florida Statutes, is amended 243
365365 to read: 244
366366 390.0112 Termination of pregnancies; reporting. — 245
367367 (1) The director of any medical facility in which 246
368368 abortions are performed , including surgical procedures and 247
369369 medical abortions, including a physician's office, shall submit 248
370370 a report each month to the agency. If the abortion is not 249
371371 performed in a medical facility, the physician performing the 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 abortion shall submit the monthly report. The report must may be 251
385385 submitted electronically on a form adopted by the agency, the 252
386386 Board of Medicine, and the Board of Osteopathic Medicine which , 253
387387 may not include personal identifying information , and must 254
388388 include: 255
389389 (a) Until the agency begins collecting data under 256
390390 paragraph (e), The number of abortions performed. 257
391391 (b) The reasons such abortions were performed. If a woman 258
392392 upon whom an abortion is performed has provided evidence that 259
393393 she is a victim of human trafficking pursuant to s. 260
394394 390.0111(3)(a)1.b.(IV), su ch reason must be included in the 261
395395 information reported under this section. 262
396396 (c) For each abortion, the period of gestation at the time 263
397397 the abortion was performed. 264
398398 (d) The number of infants born alive or alive immediately 265
399399 after an attempted abortion. 266
400400 (e) Beginning no later than January 1, 2017, Information 267
401401 consistent with the United States Standard Report of Induced 268
402402 Termination of Pregnancy adopted by the Centers for Disease 269
403403 Control and Prevention. 270
404404 (f) The number of medication abortion regimens prescribed 271
405405 or dispensed. 272
406406 (2) The agency shall keep such reports in a central 273
407407 location for the purpose of compiling and analyzing statistical 274
408408 data and shall submit data reported pursuant to paragraph (1)(e) 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 to the Division of Reproductive Health within th e Centers for 276
422422 Disease Control and Prevention, as requested by the Centers for 277
423423 Disease Control and Prevention. 278
424424 (3) If the termination of pregnancy is not performed in a 279
425425 medical facility, the physician performing the procedure shall 280
426426 be responsible for repo rting such information as required in 281
427427 subsection (1). 282
428428 (3)(4) Reports submitted pursuant to this section shall be 283
429429 confidential and exempt from the provisions of s. 119.07(1) and 284
430430 shall not be revealed except upon the order of a court of 285
431431 competent jurisdiction in a civil or criminal proceeding. 286
432432 (4)(5) Any person required under this section to file a 287
433433 report or keep any records who willfully fails to file such 288
434434 report or keep such records may be subject to a $200 fine for 289
435435 each violation. The agency shall be r equired to impose such 290
436436 fines when reports or records required under this section have 291
437437 not been timely received. For purposes of this section, timely 292
438438 received is defined as 30 days following the preceding month. 293
439439 Section 6. Section 395.1054, Florida Stat utes, is created 294
440440 to read: 295
441441 395.1054 Birthing quality improvement initiatives. —A 296
442442 hospital that provides birthing services shall at all times 297
443443 participate in at least two quality improvement initiatives 298
444444 developed in collaboration with the Florida Perinatal Q uality 299
445445 Collaborative within the University of South Florida College of 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 Public Health. 301
459459 Section 7. For the 2022-2023 fiscal year, the sum of 302
460460 $1,602,000 in recurring funds from the General Revenue Fund is 303
461461 appropriated to the Department of Health for the p urpose of 304
462462 establishing fetal and infant mortality review committees under 305
463463 s. 383.21625, Florida Statutes. 306
464464 Section 8. This act shall take effect July 1, 2022. 307