House Bill 0003e1

CODING: Words stricken are deletions; words underlined are additions.






                                             HB 3, First Engrossed



  1                      A bill to be entitled

  2         An act relating to child identification;

  3         providing a short title; providing legislative

  4         intent; requiring hospitals and birthing

  5         centers to notify parents of the availability

  6         of the Child Identification Program; requiring

  7         hospitals and birthing centers to provide

  8         identification services to the parent upon

  9         payment of a fee; encouraging physicians to

10         participate in the Child Identification

11         Program; prohibiting the creation or

12         maintenance of certain records; prohibiting

13         certain civil or criminal actions; providing

14         immunity; prohibiting agencies from requiring

15         the maintenance of records or the providing of

16         reports; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  (1)  Short title.--This act may be cited as

21  the "Child Identification Program" or "ChIP" act of 1999.

22         (2)  Legislative findings and intent.--The Legislature

23  finds that the new technology of DNA testing is of great

24  potential benefit to the citizens of this state.  Having a

25  child's DNA sample available will enable parents to better

26  assist law enforcement in finding and identifying a child in

27  the unfortunate event of a child's disappearance or abduction,

28  as well as identifying children who may be victims in an

29  accident or natural disaster. Obtaining a DNA sample simply

30  requires the placement of a drop of blood on specially treated

31  paper for long term storage by the parent. It is the intent of


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                             HB 3, First Engrossed



  1  the Legislature that all health care providers, including

  2  hospitals, birthing centers, and physicians assist parents in

  3  obtaining the sample for safekeeping by the parent.

  4         (3)  Requirement on hospitals and birthing centers to

  5  assist parents in ChIP.--Every licensed hospital and every

  6  licensed birthing center shall, upon admission for a labor and

  7  delivery, notify the parent as part of the admission process

  8  that the hospital or birthing center is a participant in the

  9  ChIP program and will provide a DNA sample for identification

10  purposes to the parent upon request and upon payment of a fee

11  to be determined by the hospital or birthing center.  The fee

12  shall not exceed the reasonable cost of obtaining the sample

13  and necessary materials.  If the parent elects to participate

14  and pays the fee, the hospital or birthing center shall obtain

15  the DNA sample and provide the sample to the parent for

16  safekeeping.  Nothing in this section shall be considered as a

17  health service under the Medicaid program and the fee paid

18  shall not be subject to the copayment limitations set forth in

19  s. 409.9081. No copy or record of any DNA samples provided to

20  a parent shall be created or maintained by any entity

21  participating in the ChIP program.

22         (4)  Participation by physicians.--The Legislature

23  hereby encourages all physicians who provide primary care to

24  children born prior to the implementation of ChIP to

25  voluntarily participate and offer ChIP to their patients.  The

26  Boards of Medicine and Osteopathic Medicine are encouraged to

27  assist licensed physicians in learning about and participating

28  in ChIP.

29         (5)  No civil or criminal action may be instituted, and

30  there shall be no liability, based on any action or omission

31  related to implementation of this section, against any


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                             HB 3, First Engrossed



  1  hospital, birthing center, or other health care provider.

  2  Furthermore, no agency may require a hospital, birthing

  3  center, or other health care provider to maintain any records

  4  or data or to provide any reports related to implementation of

  5  this section.

  6         Section 2.  This act shall take effect upon becoming a

  7  law.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  3