Senate Bill sb1312c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                           CS for SB 1312

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Saunders




    25-1605C-01

  1                      A bill to be entitled

  2         An act relating to public health; amending ss.

  3         39.201, 63.0423, 383.50, 827.035, F.S.;

  4         expanding the type of personnel and facilities

  5         that may accept abandoned newborns; amending s.

  6         232.465, F.S.; expanding the type of personnel

  7         that may supervise nonmedical school district

  8         personnel; providing technical corrections;

  9         amending s. 381.0059, F.S.; revising

10         background-screening requirements for school

11         health service personnel; amending s. 381.026,

12         F.S., relating to the Florida Patient's Bill of

13         Rights and Responsibilities; replacing

14         references to the term "physical handicap" with

15         the term "handicap"; amending ss. 382.003,

16         382.004, 382.013, 382.016, 382.0255, F.S.;

17         modifying provisions relating to vital records;

18         amending s. 383.402, F.S.; modifying the annual

19         report date for child abuse death reviews;

20         amending s. 401.113, F.S.; providing for use of

21         funds in the Emergency Medical Services Trust

22         Fund for injury prevention programs; amending

23         s. 401.27, F.S.; authorizing the department to

24         define by rule the equivalent of

25         cardiopulmonary resuscitation courses for

26         emergency medical technicians and paramedics;

27         exempting emergency medical services

28         examination questions and answers from

29         discovery; providing conditions for

30         introduction in administrative proceedings;

31         repealing s. 404.056(2), F.S., relating to the

                                  1

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         Florida Coordinating Council on Radon

  2         Protection; amending s. 404.056, F.S.; deleting

  3         an obsolete environmental radiation

  4         soil-testing requirement; clarifying rulemaking

  5         authority; amending s. 742.10, F.S.; requiring

  6         a voluntary acknowledgement of paternity for a

  7         child born out of wedlock to be notarized;

  8         amending s. 743.0645, F.S., relating to consent

  9         to medical care or treatment of a minor;

10         providing that a power of attorney to provide

11         such consent includes the power to consent to

12         surgical and general anesthesia services;

13         amending s. 381.0056, F.S.; providing

14         requirements for school health programs funded

15         by health care districts or certain health care

16         entities; creating s. 391.037, F.S.; providing

17         that the furnishing of medical services by

18         state employees under specified conditions does

19         not constitute a conflict of interest;

20         providing an effective date.

21

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

23

24         Section 1.  Paragraph (f) of subsection (2) of section

25  39.201, Florida Statutes, is amended to read:

26         39.201  Mandatory reports of child abuse, abandonment,

27  or neglect; mandatory reports of death; central abuse

28  hotline.--

29         (2)

30

31

                                  2

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         (f)  Reports involving abandoned newborn infants as

  2  described in s. 383.50 shall be made and received by the

  3  department.

  4         1.  If the report is of an abandoned newborn infant as

  5  described in s. 383.50 and there is no indication of abuse,

  6  neglect, or abandonment of the infant other than that

  7  necessarily entailed in the infant having been left at a fire

  8  station or hospital, emergency medical services station, or

  9  fire station, the department shall provide to the caller the

10  name of a licensed child-placing agency on a rotating basis

11  from a list of licensed child-placing agencies eligible and

12  required to accept physical custody of and to place newborn

13  infants left at a hospital, emergency medical services

14  station, or a fire station. The report shall not be considered

15  a report of abuse, neglect, or abandonment solely because the

16  infant has been left at a hospital, emergency medical services

17  station, or fire station pursuant to s. 383.50.

18         2.  If the caller reports indications of abuse or

19  neglect beyond that necessarily entailed in the infant having

20  been left at a fire station or hospital, emergency medical

21  services station, or fire station, the report shall be

22  considered as a report of abuse, neglect, or abandonment and

23  shall be subject to the requirements of s. 39.395 and all

24  other relevant provisions of this chapter, notwithstanding any

25  provisions of chapter 383.

26         Section 2.  Subsections (1) and (4), paragraph (c) of

27  subsection (7), and subsection (10) of section 63.0423,

28  Florida Statutes, are amended to read:

29         63.0423  Procedures with respect to abandoned

30  newborns.--

31

                                  3

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         (1)  A licensed child-placing agency that takes

  2  physical custody of a newborn infant left at a hospital,

  3  emergency medical services station, or a fire station pursuant

  4  to s. 383.50, shall assume responsibility for all medical

  5  costs and all other costs associated with the emergency

  6  services and care of the newborn infant from the time the

  7  licensed child-placing agency takes physical custody of the

  8  newborn infant.

  9         (4)  Within 7 days after accepting physical custody of

10  the newborn infant, the licensed child-placing agency shall

11  initiate a diligent search to notify and to obtain consent

12  from a parent whose identity or location is unknown, other

13  than the parent who has left a newborn infant at a fire

14  station or a hospital, emergency medical services station, or

15  fire station in accordance with s. 383.50. The diligent search

16  must include, at a minimum, inquiries of all known relatives

17  of the parent, inquiries of all offices or program areas of

18  the department likely to have information about the parent,

19  inquiries of other state and federal agencies likely to have

20  information about the parent, inquiries of appropriate utility

21  and postal providers and inquiries of appropriate law

22  enforcement agencies. Constructive notice must also be

23  provided pursuant to chapter 49 in the county where the

24  newborn infant was left and in the county where the petition

25  to terminate parental rights will be filed. The constructive

26  notice must include at a minimum, available identifying

27  information, and information on whom a parent must contact in

28  order to assert a claim of parental rights of the newborn

29  infant and how to assert that claim. If a parent is identified

30  and located, notice of the adjudicatory hearing shall be

31  provided. If a parent can not be identified or located

                                  4

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  subsequent to the diligent search and constructive notice, the

  2  licensed child-placing agency shall file an affidavit of

  3  diligent search at the same time that the petition to

  4  terminate parental rights is filed.

  5         (7)  If a claim of parental rights of a newborn infant

  6  is made before the judgment to terminate parental rights is

  7  entered, the circuit court shall hold the action for

  8  termination of parental rights pending subsequent adoption in

  9  abeyance for a period of time not to exceed 60 days.

10         (c)  The court may not terminate parental rights solely

11  on the basis that the parent left a newborn infant at a

12  hospital, emergency medical services station, or fire station

13  in accordance with s. 383.50.

14         (10)  Except to the extent expressly provided in this

15  section, proceedings initiated by a licensed child-placing

16  agency for the termination of parental rights and subsequent

17  adoption of a newborn left at a hospital, emergency medical

18  services station, or a fire station in accordance with s.

19  383.50 shall be conducted pursuant to this chapter 63.

20         Section 3.  Subsections (2) and (3) of section 232.465,

21  Florida Statutes, are amended to read:

22         232.465  Provision of medical services; restrictions.--

23         (2)  Nonmedical assistive personnel shall be allowed to

24  perform health-related services upon successful completion of

25  child-specific training by a registered nurse or advanced

26  registered nurse practitioner licensed under chapter 464, a

27  licensed practical nurse, a physician licensed pursuant to

28  chapter 458 or chapter 459, or a physician assistant licensed

29  pursuant to chapter 458 or chapter 459.  All procedures shall

30  be monitored periodically by a the nurse, advanced registered

31

                                  5

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  nurse practitioner, physician assistant, or physician.  Those

  2  procedures include, but are not limited to:

  3         (a)  Cleaning Intermittent clean catheterization.

  4         (b)  Gastrostomy tube feeding.

  5         (c)  Monitoring blood glucose.

  6         (d)  Administering emergency injectable medication.

  7         (3)  For all other invasive medical services not listed

  8  in this section subsection (1) or subsection (2), a registered

  9  nurse or advanced registered nurse practitioner licensed under

10  chapter 464, a licensed practical nurse, a physician licensed

11  pursuant to chapter 458 or chapter 459, or a physician

12  assistant licensed pursuant to chapter 458 or chapter 459

13  shall determine if nonmedical school district personnel shall

14  be allowed to perform such service.

15         Section 4.  Section 381.0059, Florida Statutes, is

16  amended to read:

17         381.0059  Background screening requirements for school

18  health services personnel.--

19         (1)(a)  Pursuant to the provisions of chapter 435, any

20  person who provides services under a school health services

21  plan pursuant to s. 381.0056 must meet complete level 2

22  screening requirements as described in s. 435.04 as provided

23  in chapter 435. A person may satisfy the requirements of this

24  subsection by submitting proof of compliance with the

25  requirements of level 2 screening under s. 435.04, conducted

26  within 12 months before the date that person initially

27  provides services under a school health services plan pursuant

28  to s. 381.0056.

29         (2)  A person may provide Any person who provides

30  services under a school health services plan pursuant to s.

31  381.0056 prior to the completion of level 2 screening.

                                  6

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  However, shall be on probationary status pending the results

  2  of the level 2 screening, such person may not be alone with a

  3  minor.

  4         (b)  In order to conduct level 2 screening, any person

  5  who provides services under a school health services plan

  6  pursuant to s. 381.0056 must furnish to the Department of

  7  Health a full set of fingerprints to enable the department to

  8  conduct a criminal background investigation. Each person who

  9  provides services under a school health services plan pursuant

10  to s. 381.0056 must file a complete set of fingerprints taken

11  by an authorized law enforcement officer and must provide

12  sufficient information for a statewide criminal records

13  correspondence check through the Florida Department of Law

14  Enforcement. The Department of Health shall submit the

15  fingerprints to the Florida Department of Law Enforcement for

16  a statewide criminal history check, and the Florida Department

17  of Law Enforcement shall forward the fingerprints to the

18  Federal Bureau of Investigation for a national criminal

19  history check.

20         (c)  The person subject to the required background

21  screening or his or her employer must pay the fees required to

22  obtain the background screening. Payment for the screening

23  must be submitted to the Department of Health. The Florida

24  Department of Law Enforcement shall charge the Department of

25  Health for a level 2 screening at a rate sufficient to cover

26  the costs of such screening pursuant to s. 943.053(3). The

27  Department of Health shall establish a schedule of fees to

28  cover the costs of the level 2 screening. The applicant or his

29  or her employer who pays for the required screening may be

30  reimbursed by the Department of Health from funds designated

31  for this purpose.

                                  7

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         (2)(a)  When the Department of Health has reasonable

  2  cause to believe that grounds exist for the disqualification

  3  of any person providing services under a school health

  4  services plan pursuant to s. 381.0056, as a result of

  5  background screening, it shall notify the person in writing,

  6  stating the specific record that indicates noncompliance with

  7  the level 2 screening standards. The Department of Health must

  8  disqualify any person from providing services under a school

  9  health services plan pursuant to s. 381.0056 if the department

10  finds that the person is not in compliance with the level 2

11  screening standards. A person who provides services under a

12  school health plan pursuant to s. 381.0056 on a probationary

13  status and who is disqualified because of the results of his

14  or her background screening may contest that disqualification.

15         (3)(b)  As provided in s. 435.07, the Department of

16  Health may grant an exemption from disqualification to provide

17  a person providing services under a school health services

18  plan pursuant to s. 381.0056 who has not received a

19  professional license or certification from the Department of

20  Health.

21         (c)  As provided in s. 435.07, the Department of Health

22  may grant an exemption from disqualification to a person

23  providing services under a school health services plan

24  pursuant to s. 381.0056 who has received a professional

25  license or certification from the Department of Health.

26         (3)  Any person who is required to undergo the

27  background screening to provide services under a school health

28  plan pursuant to s. 381.0056 who refuses to cooperate in such

29  screening or refuses to submit the information necessary to

30  complete the screening, including fingerprints, shall be

31

                                  8

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  disqualified for employment or volunteering in such position

  2  or, if employed, shall be dismissed.

  3         (4)  Under penalty of perjury, each person who provides

  4  services under a school health plan pursuant to s. 381.0056

  5  must attest to meeting the level 2 screening requirements for

  6  participation under the plan and agree to inform his or her

  7  employer the Department of Health immediately if convicted of

  8  any disqualifying offense while providing services under a

  9  school health services plan pursuant to s. 381.0056.

10         (5)  As used in this section, the term "person who

11  provides services under a school health services plan"

12  includes unpaid volunteers, except for does not include an

13  unpaid volunteer who lectures students in group settings on

14  health education topics.

15         Section 5.  Paragraph (d) of subsection (4) and

16  subsection (6) of section 381.026, Florida Statutes, are

17  amended to read:

18         381.026  Florida Patient's Bill of Rights and

19  Responsibilities.--

20         (4)  RIGHTS OF PATIENTS.--Each health care facility or

21  provider shall observe the following standards:

22         (d)  Access to health care.--

23         1.  A patient has the right to impartial access to

24  medical treatment or accommodations, regardless of race,

25  national origin, religion, physical handicap, or source of

26  payment.

27         2.  A patient has the right to treatment for any

28  emergency medical condition that will deteriorate from failure

29  to provide such treatment.

30         (6)  SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any

31  health care provider who treats a patient in an office or any

                                  9

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  health care facility licensed under chapter 395 that provides

  2  emergency services and care or outpatient services and care to

  3  a patient, or admits and treats a patient, shall adopt and

  4  make available to the patient, in writing, a statement of the

  5  rights and responsibilities of patients, including the

  6  following:

  7

  8              SUMMARY OF THE FLORIDA PATIENT'S BILL

  9                  OF RIGHTS AND RESPONSIBILITIES

10

11         Florida law requires that your health care provider or

12  health care facility recognize your rights while you are

13  receiving medical care and that you respect the health care

14  provider's or health care facility's right to expect certain

15  behavior on the part of patients.  You may request a copy of

16  the full text of this law from your health care provider or

17  health care facility.  A summary of your rights and

18  responsibilities follows:

19         A patient has the right to be treated with courtesy and

20  respect, with appreciation of his or her individual dignity,

21  and with protection of his or her need for privacy.

22         A patient has the right to a prompt and reasonable

23  response to questions and requests.

24         A patient has the right to know who is providing

25  medical services and who is responsible for his or her care.

26         A patient has the right to know what patient support

27  services are available, including whether an interpreter is

28  available if he or she does not speak English.

29         A patient has the right to know what rules and

30  regulations apply to his or her conduct.

31

                                  10

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         A patient has the right to be given by the health care

  2  provider information concerning diagnosis, planned course of

  3  treatment, alternatives, risks, and prognosis.

  4         A patient has the right to refuse any treatment, except

  5  as otherwise provided by law.

  6         A patient has the right to be given, upon request, full

  7  information and necessary counseling on the availability of

  8  known financial resources for his or her care.

  9         A patient who is eligible for Medicare has the right to

10  know, upon request and in advance of treatment, whether the

11  health care provider or health care facility accepts the

12  Medicare assignment rate.

13         A patient has the right to receive, upon request, prior

14  to treatment, a reasonable estimate of charges for medical

15  care.

16         A patient has the right to receive a copy of a

17  reasonably clear and understandable, itemized bill and, upon

18  request, to have the charges explained.

19         A patient has the right to impartial access to medical

20  treatment or accommodations, regardless of race, national

21  origin, religion, physical handicap, or source of payment.

22         A patient has the right to treatment for any emergency

23  medical condition that will deteriorate from failure to

24  provide treatment.

25         A patient has the right to know if medical treatment is

26  for purposes of experimental research and to give his or her

27  consent or refusal to participate in such experimental

28  research.

29         A patient has the right to express grievances regarding

30  any violation of his or her rights, as stated in Florida law,

31  through the grievance procedure of the health care provider or

                                  11

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  health care facility which served him or her and to the

  2  appropriate state licensing agency.

  3         A patient is responsible for providing to the health

  4  care provider, to the best of his or her knowledge, accurate

  5  and complete information about present complaints, past

  6  illnesses, hospitalizations, medications, and other matters

  7  relating to his or her health.

  8         A patient is responsible for reporting unexpected

  9  changes in his or her condition to the health care provider.

10         A patient is responsible for reporting to the health

11  care provider whether he or she comprehends a contemplated

12  course of action and what is expected of him or her.

13         A patient is responsible for following the treatment

14  plan recommended by the health care provider.

15         A patient is responsible for keeping appointments and,

16  when he or she is unable to do so for any reason, for

17  notifying the health care provider or health care facility.

18         A patient is responsible for his or her actions if he

19  or she refuses treatment or does not follow the health care

20  provider's instructions.

21         A patient is responsible for assuring that the

22  financial obligations of his or her health care are fulfilled

23  as promptly as possible.

24         A patient is responsible for following health care

25  facility rules and regulations affecting patient care and

26  conduct.

27         Section 6.  Subsections (6) and (10) of section

28  382.003, Florida Statutes, are amended to read:

29         382.003  Powers and duties of the department.--The

30  department may:

31

                                  12

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         (6)  Investigate cases of irregularity or violation of

  2  law, and all local registrars of vital statistics shall aid

  3  the department in such investigations.  When necessary, the

  4  department shall report cases of violations of any of the

  5  provisions of this chapter to the state attorney having charge

  6  of the prosecution of misdemeanors in the registration

  7  district in which the violation occurs.

  8         (10)  Accept, use, and produce all records, reports,

  9  and documents necessary for carrying out the provisions of

10  this chapter, in paper or electronic form, and adopt,

11  promulgate, and enforce all rules necessary for the

12  acceptance, use, production creation, issuance, recording,

13  maintenance, and processing of such vital records, reports,

14  and documents, and for carrying out the provisions of ss.

15  382.004-382.0135 and ss. 382.016-382.019.

16         Section 7.  Subsections (1) and (2) of section 382.004,

17  Florida Statutes, are amended to read:

18         382.004  Reproduction and destruction of records.--

19         (1)  The department is authorized to photograph,

20  microphotograph, reproduce on film, or reproduce by electronic

21  means vital records in such a manner that the data on each

22  page are in exact conformity with the original record.

23         (2)  The department is authorized to destroy any of the

24  original vital records after they have been photographed or

25  reproduced in exact conformity with the original record and

26  after approval for destruction in accordance with chapter 257.

27         Section 8.  Paragraph (c) of subsection (2) of section

28  382.013, Florida Statutes, is amended to read:

29         382.013  Birth registration.--A certificate for each

30  live birth that occurs in this state shall be filed within 5

31  days after such birth with the local registrar of the district

                                  13

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  in which the birth occurred and shall be registered by the

  2  local registrar if the certificate has been completed and

  3  filed in accordance with this chapter and adopted rules. The

  4  information regarding registered births shall be used for

  5  comparison with information in the state case registry, as

  6  defined in chapter 61.

  7         (2)  PATERNITY.--

  8         (c)  If the mother is not married at the time of the

  9  birth, the name of the father may not be entered on the birth

10  certificate without the execution of a consenting affidavit

11  signed by both the mother and the person to be named as the

12  father.  The facility shall give After giving notice orally or

13  through the use of video or audio equipment, and in writing,

14  of the alternatives to, the legal consequences of, and the

15  rights, including, if one parent is a minor, any rights

16  afforded due to minority status, and responsibilities that

17  arise from signing an acknowledgment of paternity, the

18  facility shall provide the mother and the person to be named

19  as the father with the affidavit, as well as information

20  provided by the Title IV-D agency established pursuant to s.

21  409.2557, regarding the benefits of voluntary establishment of

22  paternity. Upon request of the mother and the person to be

23  named as the father, the facility shall assist in the

24  execution of the affidavit or voluntary acknowledgement of

25  paternity.

26         Section 9.  Section 382.016, Florida Statutes, is

27  amended to read:

28         382.016  Amendment of records.--

29         (1)  The department, upon receipt of the fee prescribed

30  in s. 382.0255;, documentary evidence, as specified by rule,

31  of any misstatement, error, or omission occurring in any

                                  14

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  birth, death, or fetal death record; as may be required by

  2  department rule, and an affidavit setting forth the changes to

  3  be made, shall amend or replace the original certificate as

  4  necessary. However, except for a misspelling or an omission on

  5  a death certificate with regard to the name of the surviving

  6  spouse, the department may not change the name of the

  7  surviving spouse on the certificate except by order of a court

  8  of competent jurisdiction.

  9         (1)(2)  CERTIFICATE OF LIVE BIRTH AMENDMENT.--

10         (a)  Until a child's first birthday, the child's given

11  name or surname may be amended upon receipt of the fees

12  prescribed in s. 382.0255 and an affidavit signed by each

13  parent named on the original birth certificate or by the

14  registrant's guardian. If both parents are named on the

15  certificate but both are not willing or available to sign the

16  affidavit, the registrant's name may only be amended by court

17  order.

18         (b)(3)  Upon written request and receipt of an

19  affidavit or voluntary acknowledgement of paternity signed by

20  the mother and father acknowledging the paternity of a

21  registrant born out of wedlock, together with sufficient

22  information to identify the original certificate of live

23  birth, the department shall prepare a new birth certificate,

24  which shall bear the same file number as the original birth

25  certificate. The names and identifying information of the

26  parents shall be entered as of the date of the registrant's

27  birth. The surname of the registrant may be changed from that

28  shown on the original birth certificate at the request of the

29  mother and father of the registrant, or the registrant if of

30  legal age. If the mother and father marry each other at any

31  time after the registrant's birth, the department shall, upon

                                  15

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  the request of the mother and father or registrant if of legal

  2  age and proof of the marriage, amend the certificate with

  3  regard to the parents' marital status as though the parents

  4  were married at the time of birth.

  5         (4)  When a new certificate of birth is prepared

  6  pursuant to subsection (3), The department shall substitute

  7  the new certificate of birth for the original certificate on

  8  file. All copies of the original certificate of live birth in

  9  the custody of a local registrar or other state custodian of

10  vital records shall be forwarded to the State Registrar.

11  Thereafter, when a certified copy of the certificate of birth

12  or portion thereof is issued, it shall be a copy of the new

13  certificate of birth or portion thereof, except when a court

14  order requires issuance of a certified copy of the original

15  certificate of birth. The department shall place the original

16  certificate of birth and all papers pertaining thereto under

17  seal, not to be broken except by order of a court of competent

18  jurisdiction or as otherwise provided by law.

19         (c)(5)  If a father's name is listed on the birth

20  certificate, the birth certificate may only be amended to

21  remove the father's name or to add a different father's name

22  upon court order. If a change in the registrant's surname is

23  also desired, such change must be included in the court order

24  or the name must be changed pursuant to s. 68.07.

25         (2)  CERTIFICATE OF DEATH AMENDMENTS.--Except for a

26  misspelling or an omission on a death certificate with regard

27  to the name of the surviving spouse, the department may not

28  change the name of a surviving spouse on the certificate

29  except by order of a court of competent jurisdiction.

30         Section 10.  Paragraph (h) of subsection (1) of section

31  382.0255, Florida Statutes, is amended to read:

                                  16

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         382.0255  Fees.--

  2         (1)  The department is entitled to fees, as follows:

  3         (h)  Not less than 5 cents or more than 10 cents for

  4  each data vital record listed on electronic media plus a

  5  reasonable charge for the cost of preparation, as established

  6  defined by department rule.

  7         Section 11.  Paragraph (c) of subsection (3) of section

  8  383.402, Florida Statutes, is amended to read:

  9         383.402  Child abuse death review; State Child Abuse

10  Death Review Committee; local child abuse death review

11  committees.--

12         (3)  The State Child Abuse Death Review Committee

13  shall:

14         (c)  Prepare an annual statistical report on the

15  incidence and causes of death resulting from child abuse in

16  the state during the prior calendar year. The state committee

17  shall submit a copy of the report by December 31 September 30

18  of each year to the Governor, the President of the Senate, and

19  the Speaker of the House of Representatives, with the first

20  annual report due on September 30, 2000. The report must

21  include recommendations for state and local action, including

22  specific policy, procedural, regulatory, or statutory changes,

23  and any other recommended preventive action.

24         Section 12.  Subsections (1), (3), (5), (6), and (9) of

25  section 383.50, Florida Statutes, are amended to read:

26         383.50  Treatment of abandoned newborn infant.--

27         (1)  As used in this section, the term "newborn infant"

28  means a child that a licensed physician reasonably believes to

29  be approximately 3 days old or younger at the time the child

30  is left at a hospital, emergency medical services station, or

31  a fire station.

                                  17

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         (3)  Each emergency medical services station or fire

  2  station staffed with full-time firefighters, or emergency

  3  medical technicians, or paramedics shall accept any newborn

  4  infant left with a firefighter, or emergency medical

  5  technician, or paramedic. The firefighter, emergency medical

  6  technician, or paramedic fire station shall consider these

  7  actions as implied consent to and shall:

  8         (a)  Provide emergency medical services to the newborn

  9  infant to the extent he or she is trained to provide those

10  services, and

11         (b)  Arrange for the immediate transportation of the

12  newborn infant to the nearest hospital having with emergency

13  services.

14

15  A licensee as defined in s. 401.23, a fire department, or an

16  employee or agent of a licensee or fire department may treat

17  and transport a newborn infant pursuant to this section. If a

18  newborn infant is placed in the physical custody of an

19  employee or agent of a licensee or fire department, such

20  placement shall be considered implied consent for treatment

21  and transport. A licensee, a fire department, or an employee

22  or agent of a licensee or fire department Any firefighter or

23  emergency medical technician accepting or providing emergency

24  medical services to a newborn infant pursuant to this

25  subsection is immune from criminal or civil liability for

26  acting in good faith pursuant to this section having performed

27  the act. Nothing in this subsection limits liability for

28  negligence.

29         (5)  Except where there is actual or suspected child

30  abuse or neglect, any parent who leaves a newborn infant with

31  a firefighter, or emergency medical technician, or paramedic

                                  18

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  at a fire station or emergency medical services station, or

  2  brings a newborn infant to an emergency room of a hospital and

  3  expresses an intent to leave the newborn infant and not

  4  return, has the absolute right to remain anonymous and to

  5  leave at any time and may not be pursued or followed unless

  6  the parent seeks to reclaim the newborn infant.

  7         (6)  A parent of a newborn infant left at a hospital,

  8  emergency medical services station, or a fire station under

  9  this section may claim his or her newborn infant up until the

10  court enters a judgment terminating his or her parental

11  rights. A claim to of parental rights of the newborn infant

12  must be made to the entity having physical or legal custody of

13  the newborn infant or to the circuit court before whom

14  proceedings involving the newborn infant are pending.

15         (9)  A newborn infant left at a fire station or a

16  hospital, emergency medical services station, or fire station

17  in accordance with this section shall not be deemed abandoned

18  and subject to reporting and investigation requirements under

19  s. 39.201 unless there is actual or suspected child abuse or

20  until the department takes physical custody of the child.

21         Section 13.  Paragraph (b) of subsection (2) of section

22  401.113, Florida Statutes, is amended to read:

23         401.113  Department; powers and duties.--

24         (2)  The department shall annually dispense funds

25  contained in the Emergency Medical Services Trust Fund as

26  follows:

27         (b)  Forty percent of such moneys must be used by the

28  department for making matching grants to local agencies,

29  municipalities, and emergency medical services organizations

30  for the purpose of conducting research, increasing existing

31  levels of emergency medical services, evaluation, community

                                  19

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  education, injury prevention programs, and training in

  2  cardiopulmonary resuscitation and other lifesaving and first

  3  aid techniques.

  4         1.  At least 90 percent of these moneys must be made

  5  available on a cash matching basis.  A grant made under this

  6  subparagraph must be contingent upon the recipient providing a

  7  cash sum equal to 25 percent of the total department-approved

  8  grant amount.

  9         2.  No more than 10 percent of these moneys must be

10  made available to rural emergency medical services, and

11  notwithstanding the restrictions specified in subsection (1),

12  these moneys may be used for improvement, expansion, or

13  continuation of services provided.  A grant made under this

14  subparagraph must be contingent upon the recipient providing a

15  cash sum equal to no more than 10 percent of the total

16  department-approved grant amount.

17

18  The department shall develop procedures and standards for

19  grant disbursement under this paragraph based on the need for

20  emergency medical services, the requirements of the population

21  to be served, and the objectives of the state emergency

22  medical services plan.

23         Section 14.  Subsections (4) and (5) of section 401.27,

24  Florida Statutes, are amended to read:

25         401.27  Personnel; standards and certification.--

26         (4)  An applicant for certification or recertification

27  as an emergency medical technician or paramedic must:

28         (a)  Have completed an appropriate training course as

29  follows:

30         1.  For an emergency medical technician, an emergency

31  medical technician training course equivalent to the most

                                  20

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  recent emergency medical technician basic training course of

  2  the United States Department of Transportation as approved by

  3  the department;

  4         2.  For a paramedic, a paramedic training program

  5  equivalent to the most recent paramedic course of the United

  6  States Department of Transportation as approved by the

  7  department;

  8         (b)  Certify under oath that he or she is not addicted

  9  to alcohol or any controlled substance;

10         (c)  Certify under oath that he or she is free from any

11  physical or mental defect or disease that might impair the

12  applicant's ability to perform his or her duties;

13         (d)  Within 1 year after course completion have passed

14  an examination developed or required by the department;

15         (e)1.  For an emergency medical technician, hold either

16  a current American Heart Association cardiopulmonary

17  resuscitation course card or an American Red Cross

18  cardiopulmonary resuscitation course card or its equivalent as

19  defined by department rule;

20         2.  For a paramedic, hold a certificate of successful

21  course completion in advanced cardiac life support from the

22  American Heart Association or its equivalent or its equivalent

23  as defined by department rule;

24         (f)  Submit the certification fee and the nonrefundable

25  examination fee prescribed in s. 401.34, which examination fee

26  will be required for each examination administered to an

27  applicant; and

28         (g)  Submit a completed application to the department,

29  which application documents compliance with paragraphs (a),

30  (b), (c), (e), (f), (g), and, if applicable, (d). The

31  application must be submitted so as to be received by the

                                  21

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  department at least 30 calendar days before the next regularly

  2  scheduled examination for which the applicant desires to be

  3  scheduled.

  4         (5)  The certification examination must be offered

  5  monthly.  The department shall issue an examination admission

  6  notice to the applicant advising him or her of the time and

  7  place of the examination for which he or she is scheduled.

  8  Individuals achieving a passing score on the certification

  9  examination may be issued a temporary certificate with their

10  examination grade report.  The department must issue an

11  original certification within 45 days after the examination.

12  Examination questions and answers are not subject to discovery

13  but may be introduced into evidence and considered only in

14  camera in any administrative proceeding under chapter 120. If

15  an administrative hearing is held, the department shall

16  provide challenged examination questions and answers to the

17  administrative law judge. The department shall establish by

18  rule the procedure by which an applicant, and the applicant's

19  attorney, may review examination questions and answers in

20  accordance with s. 119.07(3)(a).

21         Section 15.  Subsection (2) of section 404.056, Florida

22  Statutes, is repealed, and present subsections (5) and (7) of

23  that section are renumbered as subsections (4) and (6),

24  respectively, and amended to read:

25         404.056  Environmental radiation standards and

26  programs; radon protection.--

27         (4)(5)  MANDATORY TESTING.--All public and private

28  school buildings or school sites housing students in

29  kindergarten through grade 12; all state-owned,

30  state-operated, state-regulated, or state-licensed 24-hour

31  care facilities; and all state-licensed day care centers for

                                  22

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  children or minors which are located in counties designated

  2  within the Department of Community Affairs' Florida Radon

  3  Protection Map Categories as "Intermediate" or "Elevated Radon

  4  Potential" shall be measured to determine the level of indoor

  5  radon, using measurement procedures established by the

  6  department. Testing shall be completed within the first year

  7  of construction in 20 percent of the habitable first floor

  8  spaces within any of the regulated buildings. Initial

  9  measurements shall be completed and reported to the department

10  by July 1 of the year the building is opened for occupancy.

11  Followup testing must be completed in 5 percent of the

12  habitable first floor spaces within any of the regulated

13  buildings after the building has been occupied for 5 years,

14  and results must be reported to the department by July 1 of

15  the 5th year of occupancy. After radon measurements have been

16  made twice, regulated buildings need not undergo further

17  testing unless significant structural changes occur. Where

18  fill soil is required for the construction of a regulated

19  building, initial testing of fill soil must be performed using

20  measurement procedures established by the department, and the

21  results must be reported to the department prior to

22  construction. No funds collected pursuant to s. 553.721 shall

23  be used to carry out the provisions of this subsection.

24         (6)(7)  RULES.--The department shall have the authority

25  to promulgate rules necessary to carry out the provisions of

26  this section, including the definition of terms.

27         Section 16.  Subsections (1) and (3) of section 742.10,

28  Florida Statutes, are amended to read:

29         742.10  Establishment of paternity for children born

30  out of wedlock.--

31

                                  23

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1         (1)  This chapter provides the primary jurisdiction and

  2  procedures for the determination of paternity for children

  3  born out of wedlock. When the establishment of paternity has

  4  been raised and determined within an adjudicatory hearing

  5  brought under the statutes governing inheritance, or

  6  dependency under workers' compensation or similar compensation

  7  programs, or when an affidavit acknowledging paternity or a

  8  stipulation of paternity is executed by both parties and filed

  9  with the clerk of the court, or when an a consenting affidavit

10  or notarized voluntary acknowledgement of paternity as

11  provided for in s. 382.013 or s. 382.016 is executed by both

12  parties, it shall constitute the establishment of paternity

13  for purposes of this chapter. If no adjudicatory proceeding

14  was held, a notarized voluntary acknowledgment of paternity

15  shall create a rebuttable presumption, as defined by s.

16  90.304, of paternity and is subject to the right of any

17  signatory to rescind the acknowledgment within 60 days of the

18  date the acknowledgment was signed or the date of an

19  administrative or judicial proceeding relating to the child,

20  including a proceeding to establish a support order, in which

21  the signatory is a party, whichever is earlier.  Both parents

22  are required to provide their social security numbers on any

23  acknowledgment of paternity, consent affidavit, or stipulation

24  of paternity. Except for consenting affidavits under seal

25  pursuant to ss. 382.015 and 382.016, the Office of Vital

26  Statistics shall provide certified copies of affidavits to the

27  Title IV-D agency upon request.

28         (3)  The department shall adopt rules which establish

29  the information which must be provided to an individual prior

30  to execution of an a consenting affidavit or voluntary

31  acknowledgment of paternity. The information shall explain the

                                  24

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  alternatives to, the legal consequences of, and the rights,

  2  including, if one parent is a minor, any rights afforded due

  3  to minority status, and responsibilities that arise from

  4  acknowledging paternity.

  5         Section 17.  Paragraph (b) of subsection (1) and

  6  paragraph (a) of subsection (2) of section 743.0645, Florida

  7  Statutes, are amended to read:

  8         743.0645  Other persons who may consent to medical care

  9  or treatment of a minor.--

10         (1)  As used in this section, the term:

11         (b)  "Medical care and treatment" includes ordinary and

12  necessary medical and dental examination and treatment,

13  including blood testing, preventive care including ordinary

14  immunizations, tuberculin testing, and well-child care, but

15  does not include surgery, general anesthesia, provision of

16  psychotropic medications, or other extraordinary procedures

17  for which a separate court order, power of attorney, or

18  informed consent as provided by law is required.

19         (2)  Any of the following persons, in order of priority

20  listed, may consent to the medical care or treatment of a

21  minor who is not committed to the Department of Children and

22  Family Services or the Department of Juvenile Justice or in

23  their custody under chapter 39, chapter 984, or chapter 985

24  when, after a reasonable attempt, a person who has the power

25  to consent as otherwise provided by law cannot be contacted by

26  the treatment provider and actual notice to the contrary has

27  not been given to the provider by that person:

28         (a)  A person who possesses a power of attorney to

29  provide medical consent for the minor. A power of attorney

30  executed after July 1, 2001, to provide medical consent for a

31  minor includes the power to consent to medically necessary

                                  25

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  surgical and general anesthesia services for the minor unless

  2  such services are excluded by the individual executing the

  3  power of attorney.

  4

  5  There shall be maintained in the treatment provider's records

  6  of the minor documentation that a reasonable attempt was made

  7  to contact the person who has the power to consent.

  8         Section 18.  Section 827.035, Florida Statutes, is

  9  amended to read:

10         827.035  Newborn infants.--It shall not constitute

11  neglect of a child pursuant to s. 827.03 or contributing to

12  the dependency of a child pursuant to s. 827.04, if a parent

13  leaves a newborn infant, as defined in s. 383.50, at a

14  hospital, emergency medical services station, or fire station

15  or brings a newborn infant to an emergency room and expresses

16  an intent to leave the infant and not return, in compliance

17  with s. 383.50.

18         Section 19.  Subsection (11) is added to section

19  381.0056, Florida Statutes, to read:

20         381.0056  School health services program.--

21         (11)  School health programs funded by health care

22  districts or entities defined in subsection (3) must be

23  supplementary to and consistent with the requirements of this

24  section and ss. 381.0057 and 381.0059.

25         Section 20.  Section 391.037, Florida Statutes, is

26  created to read:

27         391.037  Physicians; private-sector services.--It is

28  not a violation of s. 112.313(7) for a physician licensed

29  under chapter 458 or chapter 459 who is providing

30  private-sector services to clients of the department or who is

31  employed by or has a contractual relationship with any

                                  26

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  business entity or agency that is a contract provider for the

  2  department to also be employed by the department to provide

  3  services under this chapter or chapter 39 if:

  4         (1)  The physician does not enter into contracts with

  5  the department on behalf of any business entity or agency with

  6  whom the physician is employed or has an employment or

  7  contractual relationship.

  8         (2)  The physician's private-sector employment or

  9  contractual relationship does not create a conflict between

10  the physician's private-sector interests and public duties or

11  impede the full and faithful discharge of the physician's

12  public duties as an employee of the department.

13         (3)  The physician's employment with the department

14  does not compromise the ability of department clients to make

15  a voluntary choice among department-referred physicians and

16  private providers for their medical services.

17         Section 21.  This act shall take effect July 1, 2001.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  27

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1312

  3

  4  The Committee Substitute restores a requirement for data
    collection and review by the Department of Health for a
  5  pediatric oncology program and no longer repeals a provision
    that establishes education and rehabilitation programs for
  6  kidney disease control.

  7  The Department of Health is authorized to revise a certificate
    of live birth until the child's first birthday without
  8  requiring documentary evidence.

  9  The Department of Health is no longer authorized to release
    certified copies of documents placed under seal that
10  supplement an amendment to a certificate of birth (affidavit
    or voluntary acknowledgement of paternity) when it obtains a
11  notarized request from the mother, the father or the child
    upon reaching legal age.
12
    Immunity from criminal or civil liability for acting in good
13  faith pursuant to s. 383.50, F.S., is extended to a licensee,
    a fire department, or an employee or agent of a licensee or
14  fire department. However, the immunity does not extend to
    negligence.
15
    The bill deletes provisions for the appointment of guardian
16  advocates for tuberculosis patients who have been found
    incompetent to consent to treatment.
17
    The department must establish by rule the procedure by which
18  an applicant, and the applicant's attorney may review the
    examination questions and answers in accordance with s.
19  119.07(3)(a), F.S. Section 119.07(3)(a), F.S., provides a
    public records exemption for the examination questions and
20  answers and grants examinees the right to review their own
    examination questions and answers.
21
    The department is authorized to define by rule the equivalent
22  of cardiopulmonary resuscitation courses for emergency medical
    technicians and paramedics.
23
    The bill provides that a person who obtains legal power of
24  attorney to provide medical consent for a minor has the power
    to consent to necessary surgical and general anesthesia
25  services.

26  The bill amends the Florida Patient's Bill of Rights and
    Responsibilities, which requires health care providers and
27  health care facilities to acknowledge and provide to patients,
    in writing, a statement of their right to impartial access to
28  medical treatment or accommodations, regardless of race,
    national origin, religion, physical handicap, or source of
29  payment, to extend impartial access to such medical treatment
    or accommodations regardless of the type of handicap.
30
    The bill creates an exception to conflict of interest
31  provisions applicable to public employees for licensed medical
    or osteopathic physicians who provide medical services, as
                                  28

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






    Florida Senate - 2001                           CS for SB 1312
    25-1605C-01




  1  public employees for the Children's Medical Services network
    under specified conditions.
  2

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  29

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