|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Termination of Pregnancy
Prohibiting termination of pregnancy based on a test result, diagnosis, or other reason for believing that the fetus has Down syndrome; providing an exception; subjecting a physician to disciplinary action for performing such abortion; requiring a physician to report specified information for each abortion performed to the Agency for Health Care Administration, etc.
Florida Senate - 2020 SB 734 By Senator Gruters 23-00879-20 2020734__ 1 A bill to be entitled 2 An act relating to termination of pregnancy; amending 3 s. 390.0111, F.S.; prohibiting termination of 4 pregnancy based on a test result, diagnosis, or other 5 reason for believing that the fetus has Down syndrome; 6 providing an exception; providing the pregnant woman 7 immunity from prosecution for such abortion; 8 subjecting a physician to disciplinary action for 9 performing such abortion; amending s. 390.0112, F.S.; 10 requiring a physician to report specified information 11 for each abortion performed to the Agency for Health 12 Care Administration; deleting obsolete language; 13 providing for severability; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Present subsections (6) through (15) of section 19 390.0111, Florida Statutes, are redesignated as subsections (7) 20 through (16), respectively, a new subsection (6) is added to 21 that section, and present subsection (10) of that section is 22 amended, to read: 23 390.0111 Termination of pregnancies.— 24 (6) TERMINATION BASED ON DOWN SYNDROME; PROHIBITION; 25 EXCEPTION.— 26 (a) No termination of pregnancy shall be performed on any 27 human being if the physician has knowledge that the pregnant 28 woman is seeking the abortion, in whole or in part, because of 29 any of the following: 30 1. A test result indicating that the fetus has Down 31 syndrome, as defined in s. 393.063(15); 32 2. A prenatal diagnosis of Down syndrome in the fetus; or 33 3. Any other reason to believe that a fetus has Down 34 syndrome. 35 (b) This subsection does not apply to an abortion that is 36 necessary to save the life of a mother whose life is endangered 37 by a physical disorder, illness, or injury, provided that no 38 other medical procedure would suffice for that purpose. 39 (c) A woman upon whom an abortion is performed may not be 40 prosecuted under this subsection for a conspiracy to violate the 41 provisions of this subsection. 42 (d) A physician who violates this subsection is subject to 43 disciplinary action under s. 458.331 or s. 459.015, as 44 applicable, including, but not limited to, revocation of 45 licensure. 46 (11)
(10)PENALTIES FOR VIOLATION.—Except as provided in 47 subsections (3), (8) (7), and (13) (12): 48 (a) Any person who willfully performs, or actively 49 participates in, a termination of pregnancy in violation of the 50 requirements of this section or s. 390.01112 commits a felony of 51 the third degree, punishable as provided in s. 775.082, s. 52 775.083, or s. 775.084. 53 (b) Any person who performs, or actively participates in, a 54 termination of pregnancy in violation of this section or s. 55 390.01112 which results in the death of the woman commits a 56 felony of the second degree, punishable as provided in s. 57 775.082, s. 775.083, or s. 775.084. 58 Section 2. Subsection (1) of section 390.0112, Florida 59 Statutes, is amended to read: 60 390.0112 Termination of pregnancies; reporting.— 61 (1) The director of any medical facility in which abortions 62 are performed, including a physicians office, shall submit a 63 report each month to the agency. The report may be submitted 64 electronically, may not include personal identifying 65 information, and must include: 66 (a) Information consistent with the United States Standard 67 Report of Induced Termination of Pregnancy adopted by the 68 Centers for Disease Control and Prevention Until the agency69 begins collecting data under paragraph (e), the number of70 abortions performed. 71 (b) The reasons such abortions were performed. 72 (c) For each abortion, the period of gestation at the time 73 the abortion was performed. 74 (d) The number of infants born alive or alive immediately 75 after an attempted abortion. 76 (e) For each abortion performed, the physicians 77 attestation that he or she did not have knowledge that the 78 pregnant woman was seeking the abortion, in whole or in part, 79 because of any of the following: 80 1. A test result indicating that the fetus had Down 81 syndrome, as defined in s. 393.063(15); 82 2. A prenatal diagnosis of Down syndrome in the fetus; or 83 3. Any other reason to believe that the fetus had Down 84 syndrome Beginning no later than January 1, 2017, Information85 consistent with the United States Standard Report of Induced86 Termination of Pregnancy adopted by the Centers for Disease87 Control and Prevention. 88 Section 3. If any provision of this act or its application 89 to any person or circumstance is held invalid, the invalidity 90 does not affect other provisions or applications of this act 91 which can be given effect without the invalid provision or 92 application, and to this end the provisions of this act are 93 severable. 94 Section 4. This act shall take effect July 1, 2020.
|01/14/2020||Senate||Introduced -SJ 56|
|11/21/2019||Senate||Referred to Health Policy; Judiciary; Rules -SJ 56|