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FL H0321

Bill

Status

Introduced

1/21/2011

Primary Sponsor

Esteban Bovo

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Requires physicians to inform women that a fetus at 22 weeks or more gestational age can feel pain, including information about anatomical structures, abortion procedure steps that could be painful, fetal evasion responses, and availability of anesthesia options.

  • Mandates physicians offer anesthesia or analgesic to the fetus before performing an abortion on a fetus at 22 weeks or more gestational age, except in medical emergencies, and requires documentation of acceptance or refusal.

  • Establishes a civil cause of action for negligence allowing the pregnant woman or fetus father to sue for violations of fetal pain informed consent requirements or failure to offer fetal anesthesia.

  • Provides successful plaintiffs recovery of reasonable attorney's fees and costs unless the court finds bad faith, malicious purpose, or complete absence of justiciable issues; does not classify such actions as medical malpractice.

  • Directs the state agency to adopt rules requiring abortion clinics to use general and local anesthesia appropriately for both the pregnant woman and the fetus.

Legislative Description

Abortion

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Health and Human Services Quality Subcommittee2/1/2011

Full Bill Text

No bill text available