Florida Senate - 2020                                      SB 46
       
       
        
       By Senators Farmer, Book, and Berman
       
       
       
       
       
       32-00052-20                                             202046__
    1                        A bill to be entitled                      
    2         An act relating to eye care for newborns and infants;
    3         amending s. 383.04, F.S.; requiring a certain eye
    4         examination for newborns; providing applicability;
    5         amending s. 383.07, F.S.; clarifying application of a
    6         criminal penalty; amending ss. 627.6416 and 641.31,
    7         F.S.; requiring that coverage for children under
    8         health insurance policies and health maintenance
    9         contracts include certain eye examinations for
   10         newborns and infants; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 383.04, Florida Statutes, is amended to
   15  read:
   16         383.04 Prophylactic and eye examination required for eyes
   17  of newborns; exception infants.—
   18         (1)The Every physician, midwife, or other person in
   19  attendance at the birth of a child in this the state shall is
   20  required to instill or have instilled into the eyes of the
   21  newborn baby within 1 hour after birth an effective prophylactic
   22  recommended by the Committee on Infectious Diseases of the
   23  American Academy of Pediatrics for the prevention of neonatal
   24  ophthalmia.
   25         (2)Before being discharged from the hospital, each child
   26  born in a hospital in this state must receive an eye
   27  examination, using a direct ophthalmoscope, in which the
   28  newborn’s pupils are dilated to allow detection of pediatric
   29  congenital and ocular abnormalities and developmental
   30  abnormalities.
   31  
   32  This section does not apply if a parent of the newborn files a
   33  written objection to the instillation of the prophylactic or a
   34  written objection to the eye examination with a signed informed
   35  consent explaining the risks associated with opting out of the
   36  eye examination to cases where the parents file with the
   37  physician, midwife, or other person in attendance at the birth
   38  of a child written objections on account of religious beliefs
   39  contrary to the use of drugs. If such an objection is filed, In
   40  such case the physician, midwife, or other person in attendance
   41  shall maintain a record that reflects that the instillation or
   42  eye examination was not performed such measures were or were not
   43  employed and shall attach the thereto any written objection.
   44         Section 2. Section 383.07, Florida Statutes, is amended to
   45  read:
   46         383.07 Penalty for violation.—Any person who fails to
   47  comply with s. 383.04(1) or s. 383.06 commits the provisions of
   48  ss. 383.04-383.06 shall be guilty of a misdemeanor of the second
   49  degree, punishable as provided in s. 775.083.
   50         Section 3. Paragraph (a) of subsection (2) of section
   51  627.6416, Florida Statutes, is amended to read:
   52         627.6416 Coverage for child health supervision services.—
   53         (2) As used in this section, the term “child health
   54  supervision services” means physician-delivered or physician
   55  supervised services that include, at a minimum, services
   56  delivered at the intervals and scope stated in this section.
   57         (a) Child health supervision services must include:
   58         1. Periodic visits that which shall include the taking of a
   59  history, a physical examination, a developmental assessment and
   60  anticipatory guidance, and appropriate immunizations and
   61  laboratory tests; and
   62         2.Eye examinations, using a direct ophthalmoscope, at
   63  birth or within 2 weeks, at 6 to 8 weeks of age, and at 6 to 9
   64  months of age in which the child’s pupils are dilated to allow
   65  for detection of pediatric congenital and ocular abnormalities
   66  and developmental abnormalities.
   67  
   68  Such services must and periodic visits shall be provided in
   69  accordance with prevailing medical standards consistent with the
   70  Recommendations for Preventive Pediatric Health Care of the
   71  American Academy of Pediatrics.
   72         Section 4. Paragraph (b) of subsection (30) of section
   73  641.31, Florida Statutes, is amended to read:
   74         641.31 Health maintenance contracts.—
   75         (30)
   76         (b) As used in this subsection, the term “child health
   77  supervision services” means physician-delivered or physician
   78  supervised services that include, at a minimum, services
   79  delivered at the intervals and scope stated in this subsection.
   80         1. Child health supervision services must include:
   81         a. Periodic visits that which shall include the taking of a
   82  history, a physical examination, a developmental assessment and
   83  anticipatory guidance, and appropriate immunizations and
   84  laboratory tests; and
   85         b.Eye examinations, using a direct ophthalmoscope, at
   86  birth or within 2 weeks, at 6 to 8 weeks of age, and at 6 to 9
   87  months of age in which the child’s pupils are dilated to allow
   88  for detection of pediatric congenital and ocular abnormalities
   89  and developmental abnormalities.
   90         2. Such services and periodic visits must shall be provided
   91  in accordance with prevailing medical standards consistent with
   92  the Recommendations for Preventive Pediatric Health Care of the
   93  American Academy of Pediatrics.
   94         3.2. Minimum benefits may be limited to one visit payable
   95  to one provider for all of the services provided at each visit
   96  cited in this subsection.
   97         Section 5. This act shall take effect July 1, 2020.