Florida Third-Trimester Abortion Ban (HB 1047)

HB 1047 revises the circumstances under which a pregnancy in the third trimester may be terminated, and bans third-trimester abortions unless one of the following conditions is met:

• Two physicians certify in writing that, to a reasonable degree of medical probability, the termination of the pregnancy is necessary to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.
• The physician certifies in writing to the medical necessity for legitimate emergency medical procedures for termination of the pregnancy to save the pregnant woman’s life or avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.

HB 1047 also bans abortions when it is determined that the fetus is viable unless:

• Two physicians certify in writing that, to a reasonable degree of medical probability, the termination of the pregnancy is necessary to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.
• The physician certifies in writing to the medical necessity for legitimate emergency medical procedures for termination of the pregnancy to save the pregnant woman’s life or avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition, and another physician is not available for consultation.

To determine viability, a physician is required to perform an ultrasound as required by Fla. Stat. § 0390.0111, and offer the woman the opportunity to view the ultrasound images and hear an explanation of them.

The bill requires that abortions be performed in a hospital or other medical establishment.

A violation of the provisions of this bill is a felony, and the maximum penalty would be life in prison.

STATUS

Companion bill to SB 918.

HB 1047 passed the House on April 11, 2014 and the Senate on April 25, 2014.

Gov. Rick Scott (R) signed the bill into law on June 13, 2014. The law took effect on July 1, 2014.

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