Bill Text: FL S1480 | 2012 | Regular Session | Introduced

---

Bill Title: Pregnancy Resource Centers

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Health Regulation [S1480 Detail]

Download: Florida-2012-S1480-Introduced.html

---

       Florida Senate - 2012                                    SB 1480
       
       
       
       By Senator Lynn
       
       
       
       
       7-01078B-12                                           20121480__
    1                        A bill to be entitled                      
    2         An act relating to pregnancy resource centers;
    3         creating the “Pregnancy Confidentiality Act”; defining
    4         the terms “client,” “client records,” and “pregnancy
    5         resource center”; providing that records of clients of
    6         pregnancy resource centers may be disclosed only if
    7         the client or his or her legal representative requests
    8         or consents, in writing, to the release of such
    9         information; providing penalties; providing for civil
   10         relief; providing an effective date.
   11  
   12  Be It Resolved by the Senate of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Pregnancy
   15  Confidentiality Act.”
   16         Section 2. Pregnancy resource centers; release of client
   17  information.—
   18         (1) As used in this section, the term:
   19         (a) “Client” means an individual who is inquiring about or
   20  seeking services at a pregnancy resource center.
   21         (b) “Client records” means any individually identifiable
   22  health information collected by a pregnancy resource center from
   23  an individual, including, but not limited to, demographic
   24  information; his or her name, address, phone number, e-mail
   25  address, date of birth, social security number, driver license
   26  number, or Florida identification card number; employer’s name,
   27  address, or phone number; the names, addresses, and phone
   28  numbers of any relatives or partners; and any personal or
   29  health-related information collected by a pregnancy resource
   30  center related to an individual client’s past, present, or
   31  future physical or mental health or condition; the provision of
   32  health care to an individual; the past, present, or future
   33  payment for the provision of health care to an individual; or
   34  any other information related to the client’s health care,
   35  including, but not limited to, the results of any tests or
   36  services provided by the pregnancy resource center.
   37         (c) “Pregnancy resource center” means an organization or
   38  facility that:
   39         1. Provides pregnancy counseling or information as its
   40  primary purpose, either for a fee or as a free service;
   41         2. Does not provide abortions or refer a client who wishes
   42  to obtain an abortion;
   43         3. Does not furnish any contraceptive drug or device or
   44  refer a client who wishes to obtain a contraceptive drug or
   45  device approved by the federal Food and Drug Administration; and
   46         4. Is not licensed or certified by the state or the Federal
   47  Government to provide medical or health care services.
   48         (2) The records of a client of a pregnancy resource center
   49  may be disclosed only if the client or his or her legal
   50  representative requests or consents, in writing, to the release
   51  of such information.
   52         (3) A person who violates subsection (2) commits a
   53  misdemeanor of the first degree, punishable as provided in s.
   54  775.082 or s. 775.083, Florida Statutes.
   55         (4) Any person injured as a result of a willful violation
   56  of subsection (2) shall have a civil cause of action for
   57  compensatory and punitive damages, reasonable attorney fees, and
   58  costs.
   59         Section 3. This act shall take effect July 1, 2012.