June 26, 2019
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Senate Bill 2296

Senate Bill sb2296

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2296

    By Senator Haridopolos





    26-1615-04                                          See HB 179

  1                      A bill to be entitled

  2         An act relating to health care; providing a

  3         popular name; amending s. 390.012, F.S.;

  4         revising requirements for rules of the Agency

  5         for Health Care Administration relating to

  6         abortion clinics performing abortions after the

  7         first trimester of pregnancy; requiring

  8         abortion clinics to develop policies to protect

  9         the health, care, and treatment of patients;

10         deleting the requirement that records relating

11         to abortion clinics performing only first

12         trimester pregnancies be maintained as medical

13         records; providing that rules regulating

14         abortion clinics may not impose an

15         unconstitutional burden rather than a legally

16         significant burden on a woman's right to choose

17         to terminate her pregnancy; providing for

18         severability; providing an effective date.

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20         WHEREAS, abortion is an invasive surgical procedure

21  that can lead to numerous and serious medical complications,

22  including, but not limited to, bleeding, hemorrhage,

23  infection, uterine perforation, blood clots, cervical tears,

24  incomplete abortion (retained tissue), failure to actually

25  terminate the pregnancy, free fluid in the abdomen, missed

26  ectopic pregnancies, cardiac arrest, sepsis, respiratory

27  arrest, reactions to anesthesia, fertility problems, emotional

28  problems, and even death, and

29         WHEREAS, the state has a legitimate interest in

30  ensuring that abortions, like any other medical procedure, be

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2296
    26-1615-04                                          See HB 179




 1  performed under circumstances that ensure maximum safety for

 2  the patient, and

 3         WHEREAS, the risks for abortion are greater after the

 4  first trimester of pregnancy, and

 5         WHEREAS, the risk of hemorrhage, in particular, is

 6  greater after the first trimester of pregnancy, and the

 7  resultant complications may require a hysterectomy, other

 8  reparative surgery, or a blood transfusion, NOW, THEREFORE,

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  This act shall be known by the popular name

13  the "Women's Health and Safety Act."

14         Section 2.  Section 390.012, Florida Statutes, is

15  amended to read:

16         390.012  Powers of agency; rules; disposal of fetal

17  remains.--

18         (1)  The agency shall have the authority to develop and

19  enforce rules for the health, care, and treatment of persons

20  in abortion clinics and for the safe operation of such

21  clinics. For clinics that perform abortions in the first

22  trimester of pregnancy only, these rules shall be comparable

23  to rules that which apply to all surgical procedures requiring

24  approximately the same degree of skill and care as the

25  performance of first trimester abortions.

26         (2)  For clinics that perform or claim to perform

27  abortions after the first trimester of pregnancy, the agency

28  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to

29  implement the provisions of this section, which shall include

30  reasonable and fair minimum standards for ensuring:

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2296
    26-1615-04                                          See HB 179




 1         (a)  Sufficient numbers and qualified types of

 2  personnel are on duty and available at all times to provide

 3  necessary and adequate patient care and safety.

 4         (b)  Appropriate medical screening and evaluation of

 5  each abortion clinic patient takes place.

 6         (c)  Appropriate supplies, facilities, space, and

 7  equipment are available, including supplies and equipment that

 8  are required to be immediately available for use in an

 9  emergency.

10         (d)  Appropriate standards for followup care are

11  established and followed.

12         (e)  The creation, protection, and preservation of

13  patient records, which shall be treated as medical records

14  under chapters 458 and 459.

15         (3)  The rules shall be reasonably related to the

16  preservation of maternal health of the clients. The rules

17  shall be in accordance with s. 797.03 and may not impose an

18  unconstitutional a legally significant burden on a woman's

19  freedom to decide whether to terminate her pregnancy. The

20  rules shall provide for:

21         (a)  the performance of pregnancy termination

22  procedures only by a licensed physician.

23         (b)  The making, protection, and preservation of

24  patient records, which shall be treated as medical records

25  under chapter 458.

26         (4)(2)  The agency may adopt and enforce rules, in the

27  interest of protecting the public health, to ensure the prompt

28  and proper disposal of fetal remains and tissue resulting from

29  pregnancy termination.

30         (5)(3)  If any owner, operator, or employee of an

31  abortion clinic fails to dispose of fetal remains and tissue

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2296
    26-1615-04                                          See HB 179




 1  in a manner consistent with the disposal of other human tissue

 2  in a competent professional manner, the license of such clinic

 3  may be suspended or revoked, and such person is guilty of a

 4  misdemeanor of the first degree, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         Section 3.  If any provision of this act or the

 7  application thereof to any person or circumstance is held

 8  invalid, the invalidity shall not affect other provisions or

 9  applications of the act which can be given effect without the

10  invalid provision or application, and to this end the

11  provisions of this act are declared severable.

12         Section 4.  This act shall take effect upon becoming a

13  law.

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CODING: Words stricken are deletions; words underlined are additions.

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