Florida Bill Regarding the Termination of Pregnancies (HB 1411)

**The state funding ban and clinic inspection requirements are blocked, per the ruling of U.S. District Court Judge Robert Hinkle**

HB 1411 is an omnibus bill relating to the termination of pregnancies, including redefining “third trimester”; revising the care of fetal remains; prohibiting state funding of abortion; and enforcing clinic inspections.

Redefining “Third Trimester”

This law would define third trimester as “the period of time from the beginning of the 24th week of gestation through birth.”

Third trimester is currently defined as “the weeks of pregnancy after the 24th week or pregnancy.”

Fetal Remains

The law would require all fetal remains to be disposed of in a sanitary manner pursuant to s. 381.0098. Failure to dispose of fetal remains in accordance with this provision would be a misdemeanor of the first degree.

The law would prohibit the advertising, purchase, sale, or transfer of human embryos or fetal remains obtained from an abortion.

Prohibiting State Funded Abortion

The law would prohibit a state agency, local government entity, or a managed care plan from expending funds for the benefit of, pay funds to, or initiate or renew a contract with an organization that owns, operates, or is affiliated with any clinic that performs abortion unless one or more of the following applies:

• All abortions performed at such clinics are on fetuses that are conceived through rape or incest or are medically necessary to preserve the life of the pregnant woman or to avert serious physical impairment;
• The funds are expended to fulfill the terms of a contract entered into before July 1, 2016;
• The funds are expended as reimbursement for Medicaid services provided on a fee-for-service basis.

Reporting Requirements

The law would require any medical facility in which abortions are performed to submit a monthly report containing the following information:

• The number of abortions performed;
• The reasons such abortions were performed;
• The period of gestation at the time the abortion was performed;
• The number of infants born alive or alive immediately after an attempted abortion; and
• Beginning no later than January 1, 2017, information consistent with the United States Standard Report of Induced Termination of Pregnancy adopted by the Centers for Disease Control and Prevention.

Clinic Inspections

When performing license inspections of a clinic, this law would require the health department to inspect at least 50 percent of patient records generated since a clinic’s last inspection.

Annual inspections would be required of all licensed abortion clinics. A prompt investigation of credible allegations of abortions being performed at unlicensed clinics would also be required.

Admitting Privileges

Clinics that perform abortions would be required to have a written patient transfer agreement with a hospital within “reasonable proximity” to the clinic which includes the transfer of the patient’s medical records.

Physicians who perform abortions at the clinic would be required to have admitting privileges at a hospital within “reasonable proximity” to the clinic.

Abortion Referral or Counseling

This law would require an abortion referral or counseling agency to register with the Agency for Health Care Administration. To register or renew a registration an applicant would need to pay an initial or renewal registration fee. Clinics, facilities, or health care providers that refer less than five patients for abortion per month would be exempt.

STATUS

Signed into law by Gov. Rick Scott on March 25, 2016. The law will go into effect July 1, 2016.

Companion bill to SB 1722.

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People