Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1006
                                Barcode 732876                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2012           .                                

       The Committee on Health Regulation (Sobel) recommended the
    1         Senate Amendment to Amendment (416374) (with title
    2  amendment)
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Section 383.146, Florida Statutes, is created to
    7  read:
    8         383.146 Newborn screening for critical congenital heart
    9  disease.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (a) “Department” means the Department of Health.
   12         (b) “Newborn” means an age range from birth through 29
   13  days.
   14         (c) “Screening” means measuring blood oxygen saturation
   15  using pulse oximetry to determine whether a newborn needs
   16  additional diagnostic evaluation for critical congenital heart
   17  disease.
   20         (a) Each licensed hospital that provides maternity and
   21  newborn care services shall ensure that, prior to discharge, all
   22  newborns are screened for the detection of critical congenital
   23  heart disease.
   24         (b) Each licensed birth center that provides maternity and
   25  newborn care services shall ensure that, prior to discharge, all
   26  newborns are screened for the detection of critical congenital
   27  heart disease.
   28         (c) If the parent or legal guardian of the newborn objects
   29  to the screening, the screening must not be completed,
   30  notwithstanding any other provision of this section. In such
   31  case, the physician, midwife, or other person who is attending
   32  the newborn shall maintain a record that the screening has not
   33  been performed and attach a written objection that must be
   34  signed by the parent or guardian.
   35         (d) For home births, the health care provider in attendance
   36  is responsible for the screening.
   37         (e) Appropriate documentation of the screening completion,
   38  results, interpretation, and recommendations must be placed in
   39  the medical record within 24 hours after completion of the
   40  screening procedure.
   41         (f) Each hospital shall formally designate a lead physician
   42  who is responsible for programmatic oversight of newborn
   43  congenital heart disease screening. Each licensed birth center
   44  shall designate a licensed health care provider to provide such
   45  programmatic oversight. Such physician or health care provider
   46  shall ensure that the appropriate referrals are completed
   47  following a positive screening test result.
   48         (g) By October 1, 2012, screening for critical congenital
   49  heart disease must be conducted on all newborns in hospitals and
   50  birth centers in this state following birth admission.
   51         (3) RULES.—After consultation with the Genetics and Newborn
   52  Screening Advisory Council, the department shall adopt and
   53  enforce rules requiring that every newborn in this state be
   54  screened for critical congenital heart disease. The department
   55  shall adopt such additional rules as are necessary for the
   56  administration of this section, including rules providing
   57  definitions of terms, rules relating to the methods used and
   58  time or times for testing as accepted medical practice
   59  indicates, rules relating to charging and collecting fees for
   60  the administration of the newborn screening program required by
   61  this section, rules for processing requests and releasing test
   62  and screening results, and rules requiring mandatory reporting
   63  of the results of tests and screenings for this condition to the
   64  department.
   65         (4) POWERS AND DUTIES OF THE DEPARTMENT.—The department
   66  shall administer and provide services required pursuant to this
   67  section and shall:
   68         (a) Furnish to all physicians, county health departments,
   69  perinatal centers, birth centers, and hospitals forms on which
   70  the results of tests for critical congenital heart disease shall
   71  be reported to the department.
   72         (b) Have the authority to charge and collect fees
   73  sufficient to administer the newborn screening program required
   74  under this section.
   76  ================= T I T L E  A M E N D M E N T ================
   77         And the title is amended as follows:
   78         Delete lines 264 - 265
   79  and insert:
   80         An act relating to health care; creating s. 383.146,
   81         F.S.; providing definitions; providing requirements
   82         for screening newborns for critical congenital heart
   83         disease; providing an exception; requiring that the
   84         physician, midwife, or other person attending the
   85         newborn maintain a record if the screening has not
   86         been performed and attach a written objection signed
   87         by the parent or guardian; requiring appropriate
   88         documentation of the screening completion in the
   89         medical record; requiring that each hospital and each
   90         licensed birth center designate a lead physician and a
   91         licensed health care provider, respectively, to
   92         provide programmatic oversight for the screening;
   93         requiring that the screening for critical congenital
   94         heart disease be conducted on all newborns in
   95         hospitals and birth centers in this state; authorizing
   96         the Department of Health to adopt rules to administer
   97         the screening program; providing powers and duties of
   98         the department; amending s. 499.003, F.S.; revising
   99         the