HB 1047 - Amends Definition of Fetal Viability - Florida Key Vote

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Title: Amends Definition of Fetal Viability

Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of fetal "viability," effective July 1, 2014.

Highlights:

  • Prohibits a physician from performing an abortion on any individual if the physician determines that, “in reasonable medical judgment”, the fetus has reached “viability” (Sec. 3).
  • Amends the definition of fetal “viability” as the stage of fetal development when the fetus is “sustainable” outside the womb through standard medical measures (Sec. 1).
  • Requires a physician to determine viability of the fetus by, at least, performing a medical exam of the abortion patient and, at most, examine the fetus (Sec. 3). 
  • Exempts a physician from the viability provisions of this bill if the following conditions are met (Sec. 3):
    • 2 physicians certify that the abortion is necessary to save the patient’s life or avert a “serious risk of substantial” and irreversible physical impairment, other than a psychological condition; or
    • 1 physician certifies that the abortion is necessary to save the patient’s life or avert a “serious risk of substantial” and irreversible physical impairment, other than a psychological condition, and another physician is not available for consultation. 
  • Expands the conditions a physician must meet in order to perform an abortion on any individual during the individual’s third trimester of pregnancy to include the following (Sec. 2):
    • When 2 physicians’ certifications are required, the abortion must be necessary to save the patient’s life or avert a “serious risk of imminent substantial” and irreversible physical impairment, other than a psychological condition; and
    • When 1 physician’s certification is required because another physician is not available for consultation, the abortion must be necessary to save the patient’s life or avert a “serious risk of imminent substantial” and irreversible physical impairment other than psychological condition.
  • Specifies that if preserving the fetus conflicts with preserving the patient’s life, the physician must consider preserving the patient’s life the “overriding concern” (Secs. 2 & 3).

See How Your Politicians Voted

Title: Amends Definition of Fetal Viability

Vote Smart's Synopsis:

Vote to pass a bill that amends the definition of fetal "viability," effective July 1, 2014.

Highlights:

  • Prohibits a physician from performing an abortion on any individual if the physician determines that, “in reasonable medical judgment”, the fetus has reached “viability” (Sec. 3).
  • Amends the definition of fetal “viability” as the stage of fetal development when the fetus is “sustainable” outside the womb through standard medical measures (Sec. 1).
  • Requires a physician to determine viability of the fetus by, at least, performing a medical exam of the abortion patient and, at most, examine the fetus (Sec. 3). 
  • Exempts a physician from the viability provisions of this bill if the following conditions are met (Sec. 3):
    • 2 physicians certify that the abortion is necessary to save the patient’s life or avert a “serious risk of substantial” and irreversible physical impairment, other than a psychological condition; or
    • 1 physician certifies that the abortion is necessary to save the patient’s life or avert a “serious risk of substantial” and irreversible physical impairment, other than a psychological condition, and another physician is not available for consultation. 
  • Expands the conditions a physician must meet in order to perform an abortion on any individual during the individual’s third trimester of pregnancy to include the following (Sec. 2):
    • When 2 physicians’ certifications are required, the abortion must be necessary to save the patient’s life or avert a “serious risk of imminent substantial” and irreversible physical impairment, other than a psychological condition; and
    • When 1 physician’s certification is required because another physician is not available for consultation, the abortion must be necessary to save the patient’s life or avert a “serious risk of imminent substantial” and irreversible physical impairment other than psychological condition.
  • Specifies that if preserving the fetus conflicts with preserving the patient’s life, the physician must consider preserving the patient’s life the “overriding concern” (Secs. 2 & 3).
  • Rep. Doug Holder voted “Yea” after the roll call.
  • Rep. Mark Danish voted “Nay” after the roll call.
  • Rep. David Richardson voted “Nay” after the roll call.

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