SENATE AMENDMENT
Bill No. HB 1867, 2nd Eng.
Amendment No. ___ Barcode 654362
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following substitute for amendment
12 (661372):
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14 Senate Amendment (with title amendment)
15 On page 167, between lines 14 and 15,
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17 insert:
18 Section 56. Effective July 1, 2001, and applicable to
19 births occurring on or after that date, subsection (2) of
20 section 766.302, Florida Statutes, is amended to read:
21 766.302 Definitions; ss. 766.301-766.316.--As used in
22 ss. 766.301-766.316, the term:
23 (2) "Birth-related neurological injury" means injury
24 to the brain or spinal cord of a live infant weighing at least
25 2,500 grams for a single gestation or, in the case of a
26 multiple gestation, a live infant weighing at least 2,000
27 grams at birth caused by oxygen deprivation or mechanical
28 injury occurring in the course of labor, delivery, or
29 resuscitation in the immediate postdelivery period in a
30 hospital, which renders the infant permanently and
31 substantially mentally and physically impaired. This
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SENATE AMENDMENT
Bill No. HB 1867, 2nd Eng.
Amendment No. ___ Barcode 654362
1 definition shall apply to live births only and shall not
2 include disability or death caused by genetic or congenital
3 abnormality.
4 Section 57. Effective July 1, 2001, and applicable to
5 births occurring on or after that date, paragraph (b) of
6 subsection (1) of section 766.31, Florida Statutes, is amended
7 to read:
8 766.31 Administrative law judge awards for
9 birth-related neurological injuries; notice of award.--
10 (1) Upon determining that an infant has sustained a
11 birth-related neurological injury and that obstetrical
12 services were delivered by a participating physician at the
13 birth, the administrative law judge shall make an award
14 providing compensation for the following items relative to
15 such injury:
16 (b)1. Periodic payments of an award to the parents or
17 legal guardians of the infant found to have sustained a
18 birth-related neurological injury, which award shall not
19 exceed $100,000. However, at the discretion of the
20 administrative law judge, such award may be made in a lump
21 sum.
22 2. Payment for funeral expenses not to exceed $1,500.
23 Section 58. Section 766.308, Florida Statutes, is
24 repealed.
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26 (Redesignate subsequent sections.)
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 3, line 23, after the semicolon
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SENATE AMENDMENT
Bill No. HB 1867, 2nd Eng.
Amendment No. ___ Barcode 654362
1 insert:
2 amending s. 766.302, F.S.; clarifying the
3 definition of the term "birth-related
4 neurological injury"; amending s. 766.31, F.S.;
5 providing for payment of funeral expenses up to
6 a specified amount; repealing s. 766.308, F.S.,
7 which provides for review by a medical advisory
8 panel;
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