Florida 2022 Regular Session

Florida House Bill H6023 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 6023 2022
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to abortion clinic regulations; 2
16	16	amending s. 390.0111, F.S.; removing provisions 3
17	17	requiring a 24-hour delay for an abortion procedure; 4
18	18	removing provisions prohibiting state agencies, local 5
19	19	governmental entities, and Medicaid managed care plans 6
20	20	from expending funds for the benefit of, paying funds 7
21	21	to, or initiating or renewing contracts with certain 8
22	22	organizations that perform abortions under certai n 9
23	23	circumstances; amending s. 390.012, F.S.; removing a 10
24	24	requirement that the Agency for Health Care 11
25	25	Administration review abortion clinic patient records 12
26	26	as a component of licensure inspections; providing an 13
27	27	effective date. 14
28	28	15
29	29	Be It Enacted by the Legisla ture of the State of Florida: 16
30	30	17
31	31	Section 1. Paragraph (a) of subsection (3) and subsection 18
32	32	(15) of section 390.0111, Florida Statutes, are amended to read: 19
33	33	390.0111 Termination of pregnancies. — 20
34	34	(3) CONSENTS REQUIRED. —A termination of pregnancy may no t 21
35	35	be performed or induced except with the voluntary and informed 22
36	36	written consent of the pregnant woman or, in the case of a 23
37	37	mental incompetent, the voluntary and informed written consent 24
38	38	of her court-appointed guardian. 25
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40	40	HB 6023 2022
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47	47	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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51	51	(a) Except in the case of a medica l emergency, consent to 26
52	52	a termination of pregnancy is voluntary and informed only if: 27
53	53	1. The physician who is to perform the procedure, or the 28
54	54	referring physician, has, at a minimum, orally, while physically 29
55	55	present in the same room, and at least 24 hour s before the 30
56	56	procedure, informed the woman of: 31
57	57	a. The nature and risks of undergoing or not undergoing 32
58	58	the proposed procedure that a reasonable patient would consider 33
59	59	material to making a knowing and willful decision of whether to 34
60	60	terminate a pregnancy. 35
61	61	b. The probable gestational age of the fetus, verified by 36
62	62	an ultrasound, at the time the termination of pregnancy is to be 37
63	63	performed. 38
64	64	(I) The ultrasound must be performed by the physician who 39
65	65	is to perform the abortion or by a person having documented 40
66	66	evidence that he or she has completed a course in the operation 41
67	67	of ultrasound equipment as prescribed by rule and who is working 42
68	68	in conjunction with the physician. 43
69	69	(II) The person performing the ultrasound must offer the 44
70	70	woman the opportunity to view the live ultrasound images and 45
71	71	hear an explanation of them. If the woman accepts the 46
72	72	opportunity to view the images and hear the explanation, a 47
73	73	physician or a registered nurse, licensed practical nurse, 48
74	74	advanced practice registered nurse, or physician assista nt 49
75	75	working in conjunction with the physician must contemporaneously 50
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77	77	HB 6023 2022
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84	84	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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88	88	review and explain the images to the woman before the woman 51
89	89	gives informed consent to having an abortion procedure 52
90	90	performed. 53
91	91	(III) The woman has a right to decline to view and hear 54
92	92	the explanation of the live ultrasound images after she is 55
93	93	informed of her right and offered an opportunity to view the 56
94	94	images and hear the explanation. If the woman declines, the 57
95	95	woman shall complete a form acknowledging that she was offered 58
96	96	an opportunity to view and hear the explanation of the images 59
97	97	but that she declined that opportunity. The form must also 60
98	98	indicate that the woman's decision was not based on any undue 61
99	99	influence from any person to discourage her from viewing the 62
100	100	images or hearing the explana tion and that she declined of her 63
101	101	own free will. 64
102	102	(IV) Unless requested by the woman, the person performing 65
103	103	the ultrasound may not offer the opportunity to view the images 66
104	104	and hear the explanation and the explanation may not be given 67
105	105	if, at the time the w oman schedules or arrives for her 68
106	106	appointment to obtain an abortion, a copy of a restraining 69
107	107	order, police report, medical record, or other court order or 70
108	108	documentation is presented which provides evidence that the 71
109	109	woman is obtaining the abortion because t he woman is a victim of 72
110	110	rape, incest, domestic violence, or human trafficking or that 73
111	111	the woman has been diagnosed as having a condition that, on the 74
112	112	basis of a physician's good faith clinical judgment, would 75
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121	121	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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125	125	create a serious risk of substantial and irreve rsible impairment 76
126	126	of a major bodily function if the woman delayed terminating her 77
127	127	pregnancy. 78
128	128	c. The medical risks to the woman and fetus of carrying 79
129	129	the pregnancy to term. 80
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131	131	The physician may provide the information required in this 82
132	132	subparagraph within 24 hours before the procedure if requested 83
133	133	by the woman at the time she schedules or arrives for her 84
134	134	appointment to obtain an abortion and if she presents to the 85
135	135	physician a copy of a restraining order, police report, medical 86
136	136	record, or other court order or documentation evidencing that 87
137	137	she is obtaining the abortion because she is a victim of rape, 88
138	138	incest, domestic violence, or human trafficking. 89
139	139	2. Printed materials prepared and provided by the 90
140	140	department have been provided to the pregnant woman, if she 91
141	141	chooses to view these materials, including: 92
142	142	a. A description of the fetus, including a description of 93
143	143	the various stages of development. 94
144	144	b. A list of entities that offer alternatives to 95
145	145	terminating the pregnancy. 96
146	146	c. Detailed information on the availabi lity of medical 97
147	147	assistance benefits for prenatal care, childbirth, and neonatal 98
148	148	care. 99
149	149	3. The woman acknowledges in writing, before the 100
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158	158	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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162	162	termination of pregnancy, that the information required to be 101
163	163	provided under this subsection has been provided. 102
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165	165	Nothing in this paragraph is intended to prohibit a physician 104
166	166	from providing any additional information which the physician 105
167	167	deems material to the woman's informed decision to terminate her 106
168	168	pregnancy. 107
169	169	(15) USE OF PUBLIC FUNDS RESTRICTED. —A state agency, a 108
170	170	local governmental entity, or a managed care plan providing 109
171	171	services under part IV of chapter 409 may not expend funds for 110
172	172	the benefit of, pay funds to, or initiate or renew a contract 111
173	173	with an organization that owns, operates, or is affiliated with 112
174	174	one or more clinics that are licensed under this chapter and 113
175	175	perform abortions unless one or more of the following applies: 114
176	176	(a) All abortions performed by such clinics are: 115
177	177	1. On fetuses that are conceived through rape or incest; 116
178	178	or 117
179	179	2. Are medically necessary to preserve the life of the 118
180	180	pregnant woman or to avert a serious risk of substantial and 119
181	181	irreversible physical impairment of a major bodily function of 120
182	182	the pregnant woman, other than a psychological condition. 121
183	183	(b) The funds must be expended to fulfill the terms of a 122
184	184	contract entered into before July 1, 2016. 123
185	185	(c) The funds must be expended as reimbursement for 124
186	186	Medicaid services provided on a fee -for-service basis. 125
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188	188	HB 6023 2022
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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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199	199	Section 2. Paragraph (c) of subsection (1) of section 126
200	200	390.012, Florida Statutes, is amend ed to read: 127
201	201	390.012 Powers of agency; rules; disposal of fetal 128
202	202	remains.— 129
203	203	(1) The agency may develop and enforce rules pursuant to 130
204	204	ss. 390.011-390.018 and part II of chapter 408 for the health, 131
205	205	care, and treatment of persons in abortion clinics and for the 132
206	206	safe operation of such clinics. 133
207	207	(c) The rules shall provide for: 134
208	208	1. The performance of pregnancy termination procedures 135
209	209	only by a licensed physician. 136
210	210	2. The making, protection, and preservation of patient 137
211	211	records, which shall be treated as medica l records under chapter 138
212	212	458. When performing a license inspection of a clinic, the 139
213	213	agency shall inspect at least 50 percent of patient records 140
214	214	generated since the clinic's last license inspection. 141
215	215	3. Annual inspections by the agency of all clinics 142
216	216	licensed under this chapter to ensure that such clinics are in 143
217	217	compliance with this chapter and agency rules. 144
218	218	4. The prompt investigation of credible allegations of 145
219	219	abortions being performed at a clinic that is not licensed to 146
220	220	perform such procedures. 147
221	221	Section 3. This act shall take effect July 1, 2022. 148