HB 6023 2022
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hb6023-00
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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
A bill to be entitled 1
An act relating to abortion clinic regulations; 2
amending s. 390.0111, F.S.; removing provisions 3
requiring a 24-hour delay for an abortion procedure; 4
removing provisions prohibiting state agencies, local 5
governmental entities, and Medicaid managed care plans 6
from expending funds for the benefit of, paying funds 7
to, or initiating or renewing contracts with certain 8
organizations that perform abortions under certai n 9
circumstances; amending s. 390.012, F.S.; removing a 10
requirement that the Agency for Health Care 11
Administration review abortion clinic patient records 12
as a component of licensure inspections; providing an 13
effective date. 14
15
Be It Enacted by the Legisla ture of the State of Florida: 16
17
Section 1. Paragraph (a) of subsection (3) and subsection 18
(15) of section 390.0111, Florida Statutes, are amended to read: 19
390.0111 Termination of pregnancies. — 20
(3) CONSENTS REQUIRED. —A termination of pregnancy may no t 21
be performed or induced except with the voluntary and informed 22
written consent of the pregnant woman or, in the case of a 23
mental incompetent, the voluntary and informed written consent 24
of her court-appointed guardian. 25
HB 6023 2022
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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
(a) Except in the case of a medica l emergency, consent to 26
a termination of pregnancy is voluntary and informed only if: 27
1. The physician who is to perform the procedure, or the 28
referring physician, has, at a minimum, orally, while physically 29
present in the same room, and at least 24 hour s before the 30
procedure, informed the woman of: 31
a. The nature and risks of undergoing or not undergoing 32
the proposed procedure that a reasonable patient would consider 33
material to making a knowing and willful decision of whether to 34
terminate a pregnancy. 35
b. The probable gestational age of the fetus, verified by 36
an ultrasound, at the time the termination of pregnancy is to be 37
performed. 38
(I) The ultrasound must be performed by the physician who 39
is to perform the abortion or by a person having documented 40
evidence that he or she has completed a course in the operation 41
of ultrasound equipment as prescribed by rule and who is working 42
in conjunction with the physician. 43
(II) The person performing the ultrasound must offer the 44
woman the opportunity to view the live ultrasound images and 45
hear an explanation of them. If the woman accepts the 46
opportunity to view the images and hear the explanation, a 47
physician or a registered nurse, licensed practical nurse, 48
advanced practice registered nurse, or physician assista nt 49
working in conjunction with the physician must contemporaneously 50
HB 6023 2022
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hb6023-00
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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
review and explain the images to the woman before the woman 51
gives informed consent to having an abortion procedure 52
performed. 53
(III) The woman has a right to decline to view and hear 54
the explanation of the live ultrasound images after she is 55
informed of her right and offered an opportunity to view the 56
images and hear the explanation. If the woman declines, the 57
woman shall complete a form acknowledging that she was offered 58
an opportunity to view and hear the explanation of the images 59
but that she declined that opportunity. The form must also 60
indicate that the woman's decision was not based on any undue 61
influence from any person to discourage her from viewing the 62
images or hearing the explana tion and that she declined of her 63
own free will. 64
(IV) Unless requested by the woman, the person performing 65
the ultrasound may not offer the opportunity to view the images 66
and hear the explanation and the explanation may not be given 67
if, at the time the w oman schedules or arrives for her 68
appointment to obtain an abortion, a copy of a restraining 69
order, police report, medical record, or other court order or 70
documentation is presented which provides evidence that the 71
woman is obtaining the abortion because t he woman is a victim of 72
rape, incest, domestic violence, or human trafficking or that 73
the woman has been diagnosed as having a condition that, on the 74
basis of a physician's good faith clinical judgment, would 75
HB 6023 2022
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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
create a serious risk of substantial and irreve rsible impairment 76
of a major bodily function if the woman delayed terminating her 77
pregnancy. 78
c. The medical risks to the woman and fetus of carrying 79
the pregnancy to term. 80
81
The physician may provide the information required in this 82
subparagraph within 24 hours before the procedure if requested 83
by the woman at the time she schedules or arrives for her 84
appointment to obtain an abortion and if she presents to the 85
physician a copy of a restraining order, police report, medical 86
record, or other court order or documentation evidencing that 87
she is obtaining the abortion because she is a victim of rape, 88
incest, domestic violence, or human trafficking. 89
2. Printed materials prepared and provided by the 90
department have been provided to the pregnant woman, if she 91
chooses to view these materials, including: 92
a. A description of the fetus, including a description of 93
the various stages of development. 94
b. A list of entities that offer alternatives to 95
terminating the pregnancy. 96
c. Detailed information on the availabi lity of medical 97
assistance benefits for prenatal care, childbirth, and neonatal 98
care. 99
3. The woman acknowledges in writing, before the 100
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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
termination of pregnancy, that the information required to be 101
provided under this subsection has been provided. 102
103
Nothing in this paragraph is intended to prohibit a physician 104
from providing any additional information which the physician 105
deems material to the woman's informed decision to terminate her 106
pregnancy. 107
(15) USE OF PUBLIC FUNDS RESTRICTED. —A state agency, a 108
local governmental entity, or a managed care plan providing 109
services under part IV of chapter 409 may not expend funds for 110
the benefit of, pay funds to, or initiate or renew a contract 111
with an organization that owns, operates, or is affiliated with 112
one or more clinics that are licensed under this chapter and 113
perform abortions unless one or more of the following applies: 114
(a) All abortions performed by such clinics are: 115
1. On fetuses that are conceived through rape or incest; 116
or 117
2. Are medically necessary to preserve the life of the 118
pregnant woman or to avert a serious risk of substantial and 119
irreversible physical impairment of a major bodily function of 120
the pregnant woman, other than a psychological condition. 121
(b) The funds must be expended to fulfill the terms of a 122
contract entered into before July 1, 2016. 123
(c) The funds must be expended as reimbursement for 124
Medicaid services provided on a fee -for-service basis. 125
HB 6023 2022
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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
Section 2. Paragraph (c) of subsection (1) of section 126
390.012, Florida Statutes, is amend ed to read: 127
390.012 Powers of agency; rules; disposal of fetal 128
remains.— 129
(1) The agency may develop and enforce rules pursuant to 130
ss. 390.011-390.018 and part II of chapter 408 for the health, 131
care, and treatment of persons in abortion clinics and for the 132
safe operation of such clinics. 133
(c) The rules shall provide for: 134
1. The performance of pregnancy termination procedures 135
only by a licensed physician. 136
2. The making, protection, and preservation of patient 137
records, which shall be treated as medica l records under chapter 138
458. When performing a license inspection of a clinic, the 139
agency shall inspect at least 50 percent of patient records 140
generated since the clinic's last license inspection. 141
3. Annual inspections by the agency of all clinics 142
licensed under this chapter to ensure that such clinics are in 143
compliance with this chapter and agency rules. 144
4. The prompt investigation of credible allegations of 145
abortions being performed at a clinic that is not licensed to 146
perform such procedures. 147
Section 3. This act shall take effect July 1, 2022. 148