HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on State Administration offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (f) of subsection (2) of section
18 39.201, Florida Statutes, is amended to read:
19 39.201 Mandatory reports of child abuse, abandonment,
20 or neglect; mandatory reports of death; central abuse
21 hotline.--
22 (2)
23 (f) Reports involving abandoned newborn infants as
24 described in s. 383.50 shall be made and received by the
25 department.
26 1. If the report is of an abandoned newborn infant as
27 described in s. 383.50 and there is no indication of abuse,
28 neglect, or abandonment of the infant other than that
29 necessarily entailed in the infant having been left at a fire
30 station or hospital, emergency medical services station, or
31 fire station, the department shall provide to the caller the
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 name of a licensed child-placing agency on a rotating basis
2 from a list of licensed child-placing agencies eligible and
3 required to accept physical custody of and to place newborn
4 infants left at a hospital, emergency medical services
5 station, or a fire station. The report shall not be considered
6 a report of abuse, neglect, or abandonment solely because the
7 infant has been left at a hospital, emergency medical services
8 station, or fire station pursuant to s. 383.50.
9 2. If the caller reports indications of abuse or
10 neglect beyond that necessarily entailed in the infant having
11 been left at a fire station or hospital, emergency medical
12 services station, or fire station, the report shall be
13 considered as a report of abuse, neglect, or abandonment and
14 shall be subject to the requirements of s. 39.395 and all
15 other relevant provisions of this chapter, notwithstanding any
16 provisions of chapter 383.
17 Section 2. Subsections (1) and (4), paragraph (c) of
18 subsection (7), and subsection (10) of section 63.0423,
19 Florida Statutes, are amended to read:
20 63.0423 Procedures with respect to abandoned
21 newborns.--
22 (1) A licensed child-placing agency that takes
23 physical custody of a newborn infant left at a hospital,
24 emergency medical services station, or a fire station pursuant
25 to s. 383.50, shall assume responsibility for all medical
26 costs and all other costs associated with the emergency
27 services and care of the newborn infant from the time the
28 licensed child-placing agency takes physical custody of the
29 newborn infant.
30 (4) Within 7 days after accepting physical custody of
31 the newborn infant, the licensed child-placing agency shall
2
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 initiate a diligent search to notify and to obtain consent
2 from a parent whose identity or location is unknown, other
3 than the parent who has left a newborn infant at a fire
4 station or a hospital, emergency medical services station, or
5 fire station in accordance with s. 383.50. The diligent search
6 must include, at a minimum, inquiries of all known relatives
7 of the parent, inquiries of all offices or program areas of
8 the department likely to have information about the parent,
9 inquiries of other state and federal agencies likely to have
10 information about the parent, inquiries of appropriate utility
11 and postal providers and inquiries of appropriate law
12 enforcement agencies. Constructive notice must also be
13 provided pursuant to chapter 49 in the county where the
14 newborn infant was left and in the county where the petition
15 to terminate parental rights will be filed. The constructive
16 notice must include at a minimum, available identifying
17 information, and information on whom a parent must contact in
18 order to assert a claim of parental rights of the newborn
19 infant and how to assert that claim. If a parent is identified
20 and located, notice of the adjudicatory hearing shall be
21 provided. If a parent can not be identified or located
22 subsequent to the diligent search and constructive notice, the
23 licensed child-placing agency shall file an affidavit of
24 diligent search at the same time that the petition to
25 terminate parental rights is filed.
26 (7) If a claim of parental rights of a newborn infant
27 is made before the judgment to terminate parental rights is
28 entered, the circuit court shall hold the action for
29 termination of parental rights pending subsequent adoption in
30 abeyance for a period of time not to exceed 60 days.
31 (c) The court may not terminate parental rights solely
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 on the basis that the parent left a newborn infant at a
2 hospital, emergency medical services station, or fire station
3 in accordance with s. 383.50.
4 (10) Except to the extent expressly provided in this
5 section, proceedings initiated by a licensed child-placing
6 agency for the termination of parental rights and subsequent
7 adoption of a newborn left at a hospital, emergency medical
8 services station, or a fire station in accordance with s.
9 383.50 shall be conducted pursuant to this chapter 63.
10 Section 3. Subsections (2) and (3) of section 232.465,
11 Florida Statutes, are amended to read:
12 232.465 Provision of medical services; restrictions.--
13 (2) Nonmedical assistive personnel shall be allowed to
14 perform health-related services upon successful completion of
15 child-specific training by a registered nurse or advanced
16 registered nurse practitioner licensed under chapter 464, a
17 licensed practical nurse, a physician licensed pursuant to
18 chapter 458 or chapter 459, or a physician assistant licensed
19 pursuant to chapter 458 or chapter 459. All procedures shall
20 be monitored periodically by a the nurse, advanced registered
21 nurse practitioner, physician assistant, or physician. Those
22 procedures include, but are not limited to:
23 (a) Cleaning Intermittent clean catheterization.
24 (b) Gastrostomy tube feeding.
25 (c) Monitoring blood glucose.
26 (d) Administering emergency injectable medication.
27 (3) For all other invasive medical services not listed
28 in this section subsection (1) or subsection (2), a registered
29 nurse or advanced registered nurse practitioner licensed under
30 chapter 464, a licensed practical nurse, a physician licensed
31 pursuant to chapter 458 or chapter 459, or a physician
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 assistant licensed pursuant to chapter 458 or chapter 459
2 shall determine if nonmedical school district personnel shall
3 be allowed to perform such service.
4 Section 4. Subsection (11) is added to section
5 381.0056, Florida Statutes, to read:
6 381.0056 School health services program.--
7 (11) School health programs funded by health care
8 districts or entities defined in subsection (3) must be
9 supplementary to and consistent with the requirements of this
10 section and ss. 381.0057 and 381.0059.
11 Section 5. Section 381.0059, Florida Statutes, is
12 amended to read:
13 381.0059 Background screening requirements for school
14 health services personnel.--
15 (1)(a) Pursuant to the provisions of chapter 435, any
16 person who provides services under a school health services
17 plan pursuant to s. 381.0056 must meet complete level 2
18 screening requirements as described in s. 435.04 as provided
19 in chapter 435. A person may satisfy the requirements of this
20 subsection by submitting proof of compliance with the
21 requirements of level 2 screening under s. 435.04, conducted
22 within 12 months before the date that person initially
23 provides services under a school health services plan pursuant
24 to s. 381.0056.
25 (2) A person may provide Any person who provides
26 services under a school health services plan pursuant to s.
27 381.0056 prior to the completion of level 2 screening.
28 However, shall be on probationary status pending the results
29 of the level 2 screening, such person may not be alone with a
30 minor.
31 (b) In order to conduct level 2 screening, any person
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 who provides services under a school health services plan
2 pursuant to s. 381.0056 must furnish to the Department of
3 Health a full set of fingerprints to enable the department to
4 conduct a criminal background investigation. Each person who
5 provides services under a school health services plan pursuant
6 to s. 381.0056 must file a complete set of fingerprints taken
7 by an authorized law enforcement officer and must provide
8 sufficient information for a statewide criminal records
9 correspondence check through the Florida Department of Law
10 Enforcement. The Department of Health shall submit the
11 fingerprints to the Florida Department of Law Enforcement for
12 a statewide criminal history check, and the Florida Department
13 of Law Enforcement shall forward the fingerprints to the
14 Federal Bureau of Investigation for a national criminal
15 history check.
16 (c) The person subject to the required background
17 screening or his or her employer must pay the fees required to
18 obtain the background screening. Payment for the screening
19 must be submitted to the Department of Health. The Florida
20 Department of Law Enforcement shall charge the Department of
21 Health for a level 2 screening at a rate sufficient to cover
22 the costs of such screening pursuant to s. 943.053(3). The
23 Department of Health shall establish a schedule of fees to
24 cover the costs of the level 2 screening. The applicant or his
25 or her employer who pays for the required screening may be
26 reimbursed by the Department of Health from funds designated
27 for this purpose.
28 (2)(a) When the Department of Health has reasonable
29 cause to believe that grounds exist for the disqualification
30 of any person providing services under a school health
31 services plan pursuant to s. 381.0056, as a result of
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 background screening, it shall notify the person in writing,
2 stating the specific record that indicates noncompliance with
3 the level 2 screening standards. The Department of Health must
4 disqualify any person from providing services under a school
5 health services plan pursuant to s. 381.0056 if the department
6 finds that the person is not in compliance with the level 2
7 screening standards. A person who provides services under a
8 school health plan pursuant to s. 381.0056 on a probationary
9 status and who is disqualified because of the results of his
10 or her background screening may contest that disqualification.
11 (3)(b) As provided in s. 435.07, the Department of
12 Health may grant an exemption from disqualification to provide
13 a person providing services under a school health services
14 plan pursuant to s. 381.0056 who has not received a
15 professional license or certification from the Department of
16 Health.
17 (c) As provided in s. 435.07, the Department of Health
18 may grant an exemption from disqualification to a person
19 providing services under a school health services plan
20 pursuant to s. 381.0056 who has received a professional
21 license or certification from the Department of Health.
22 (3) Any person who is required to undergo the
23 background screening to provide services under a school health
24 plan pursuant to s. 381.0056 who refuses to cooperate in such
25 screening or refuses to submit the information necessary to
26 complete the screening, including fingerprints, shall be
27 disqualified for employment or volunteering in such position
28 or, if employed, shall be dismissed.
29 (4) Under penalty of perjury, each person who provides
30 services under a school health plan pursuant to s. 381.0056
31 must attest to meeting the level 2 screening requirements for
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 participation under the plan and agree to inform his or her
2 employer the Department of Health immediately if convicted of
3 any disqualifying offense while providing services under a
4 school health services plan pursuant to s. 381.0056.
5 (5) As used in this section, the term "person who
6 provides services under a school health services plan"
7 includes unpaid volunteers, except for does not include an
8 unpaid volunteer who lectures students in group settings on
9 health education topics.
10 Section 6. Paragraph (d) of subsection (4) and
11 subsection (6) of section 381.026, Florida Statutes, are
12 amended to read:
13 381.026 Florida Patient's Bill of Rights and
14 Responsibilities.--
15 (4) RIGHTS OF PATIENTS.--Each health care facility or
16 provider shall observe the following standards:
17 (d) Access to health care.--
18 1. A patient has the right to impartial access to
19 medical treatment or accommodations, regardless of race,
20 national origin, religion, physical handicap, or source of
21 payment.
22 2. A patient has the right to treatment for any
23 emergency medical condition that will deteriorate from failure
24 to provide such treatment.
25 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any
26 health care provider who treats a patient in an office or any
27 health care facility licensed under chapter 395 that provides
28 emergency services and care or outpatient services and care to
29 a patient, or admits and treats a patient, shall adopt and
30 make available to the patient, in writing, a statement of the
31 rights and responsibilities of patients, including the
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 following:
2
3 SUMMARY OF THE FLORIDA PATIENT'S BILL
4 OF RIGHTS AND RESPONSIBILITIES
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6 Florida law requires that your health care provider or
7 health care facility recognize your rights while you are
8 receiving medical care and that you respect the health care
9 provider's or health care facility's right to expect certain
10 behavior on the part of patients. You may request a copy of
11 the full text of this law from your health care provider or
12 health care facility. A summary of your rights and
13 responsibilities follows:
14 A patient has the right to be treated with courtesy and
15 respect, with appreciation of his or her individual dignity,
16 and with protection of his or her need for privacy.
17 A patient has the right to a prompt and reasonable
18 response to questions and requests.
19 A patient has the right to know who is providing
20 medical services and who is responsible for his or her care.
21 A patient has the right to know what patient support
22 services are available, including whether an interpreter is
23 available if he or she does not speak English.
24 A patient has the right to know what rules and
25 regulations apply to his or her conduct.
26 A patient has the right to be given by the health care
27 provider information concerning diagnosis, planned course of
28 treatment, alternatives, risks, and prognosis.
29 A patient has the right to refuse any treatment, except
30 as otherwise provided by law.
31 A patient has the right to be given, upon request, full
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 information and necessary counseling on the availability of
2 known financial resources for his or her care.
3 A patient who is eligible for Medicare has the right to
4 know, upon request and in advance of treatment, whether the
5 health care provider or health care facility accepts the
6 Medicare assignment rate.
7 A patient has the right to receive, upon request, prior
8 to treatment, a reasonable estimate of charges for medical
9 care.
10 A patient has the right to receive a copy of a
11 reasonably clear and understandable, itemized bill and, upon
12 request, to have the charges explained.
13 A patient has the right to impartial access to medical
14 treatment or accommodations, regardless of race, national
15 origin, religion, physical handicap, or source of payment.
16 A patient has the right to treatment for any emergency
17 medical condition that will deteriorate from failure to
18 provide treatment.
19 A patient has the right to know if medical treatment is
20 for purposes of experimental research and to give his or her
21 consent or refusal to participate in such experimental
22 research.
23 A patient has the right to express grievances regarding
24 any violation of his or her rights, as stated in Florida law,
25 through the grievance procedure of the health care provider or
26 health care facility which served him or her and to the
27 appropriate state licensing agency.
28 A patient is responsible for providing to the health
29 care provider, to the best of his or her knowledge, accurate
30 and complete information about present complaints, past
31 illnesses, hospitalizations, medications, and other matters
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 relating to his or her health.
2 A patient is responsible for reporting unexpected
3 changes in his or her condition to the health care provider.
4 A patient is responsible for reporting to the health
5 care provider whether he or she comprehends a contemplated
6 course of action and what is expected of him or her.
7 A patient is responsible for following the treatment
8 plan recommended by the health care provider.
9 A patient is responsible for keeping appointments and,
10 when he or she is unable to do so for any reason, for
11 notifying the health care provider or health care facility.
12 A patient is responsible for his or her actions if he
13 or she refuses treatment or does not follow the health care
14 provider's instructions.
15 A patient is responsible for assuring that the
16 financial obligations of his or her health care are fulfilled
17 as promptly as possible.
18 A patient is responsible for following health care
19 facility rules and regulations affecting patient care and
20 conduct.
21 Section 7. Subsections (6) and (10) of section
22 382.003, Florida Statutes, are amended to read:
23 382.003 Powers and duties of the department.--The
24 department may:
25 (6) Investigate cases of irregularity or violation of
26 law, and all local registrars of vital statistics shall aid
27 the department in such investigations. When necessary, the
28 department shall report cases of violations of any of the
29 provisions of this chapter to the state attorney having charge
30 of the prosecution of misdemeanors in the registration
31 district in which the violation occurs.
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 (10) Accept, use, and produce all records, reports,
2 and documents necessary for carrying out the provisions of
3 this chapter, in paper or electronic form, and adopt,
4 promulgate, and enforce all rules necessary for the
5 acceptance, use, production creation, issuance, recording,
6 maintenance, and processing of such vital records, reports,
7 and documents, and for carrying out the provisions of ss.
8 382.004-382.0135 and ss. 382.016-382.019.
9 Section 8. Subsections (1) and (2) of section 382.004,
10 Florida Statutes, are amended to read:
11 382.004 Reproduction and destruction of records.--
12 (1) The department is authorized to photograph,
13 microphotograph, reproduce on film, or reproduce by electronic
14 means vital records in such a manner that the data on each
15 page are in exact conformity with the original record.
16 (2) The department is authorized to destroy any of the
17 original vital records after they have been photographed or
18 reproduced in exact conformity with the original record and
19 after approval for destruction in accordance with chapter 257.
20 Section 9. Paragraph (c) of subsection (2) of section
21 382.013, Florida Statutes, is amended to read:
22 382.013 Birth registration.--A certificate for each
23 live birth that occurs in this state shall be filed within 5
24 days after such birth with the local registrar of the district
25 in which the birth occurred and shall be registered by the
26 local registrar if the certificate has been completed and
27 filed in accordance with this chapter and adopted rules. The
28 information regarding registered births shall be used for
29 comparison with information in the state case registry, as
30 defined in chapter 61.
31 (2) PATERNITY.--
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 (c) If the mother is not married at the time of the
2 birth, the name of the father may not be entered on the birth
3 certificate without the execution of an a consenting affidavit
4 signed by both the mother and the person to be named as the
5 father. The facility shall give After giving notice orally or
6 through the use of video or audio equipment, and in writing,
7 of the alternatives to, the legal consequences of, and the
8 rights, including, if one parent is a minor, any rights
9 afforded due to minority status, and responsibilities that
10 arise from signing an acknowledgment of paternity, the
11 facility shall provide the mother and the person to be named
12 as the father with the affidavit, as well as information
13 provided by the Title IV-D agency established pursuant to s.
14 409.2557, regarding the benefits of voluntary establishment of
15 paternity. Upon request of the mother and the person to be
16 named as the father, the facility shall assist in the
17 execution of the affidavit or a notarized voluntary
18 acknowledgement of paternity.
19 Section 10. Section 382.016, Florida Statutes, is
20 amended to read:
21 382.016 Amendment of records.--
22 (1) The department, upon receipt of the fee prescribed
23 in s. 382.0255;, documentary evidence, as specified by rule,
24 of any misstatement, error, or omission occurring in any
25 birth, death, or fetal death record; as may be required by
26 department rule, and an affidavit setting forth the changes to
27 be made, shall amend or replace the original certificate as
28 necessary. However, except for a misspelling or an omission on
29 a death certificate with regard to the name of the surviving
30 spouse, the department may not change the name of the
31 surviving spouse on the certificate except by order of a court
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 of competent jurisdiction.
2 (1)(2) CERTIFICATE OF LIVE BIRTH AMENDMENT.--
3 (a) Until a child's first birthday, the child's given
4 name or surname may be amended upon receipt of the fees
5 prescribed in s. 382.0255 and an affidavit signed by each
6 parent named on the original birth certificate or by the
7 registrant's guardian. If both parents are named on the
8 certificate but both are not willing or available to sign the
9 affidavit, the registrant's name may only be amended by court
10 order.
11 (b)(3) Upon written request and receipt of an
12 affidavit or notarized voluntary acknowledgement of paternity
13 signed by the mother and father acknowledging the paternity of
14 a registrant born out of wedlock, together with sufficient
15 information to identify the original certificate of live
16 birth, the department shall prepare a new birth certificate,
17 which shall bear the same file number as the original birth
18 certificate. The names and identifying information of the
19 parents shall be entered as of the date of the registrant's
20 birth. The surname of the registrant may be changed from that
21 shown on the original birth certificate at the request of the
22 mother and father of the registrant, or the registrant if of
23 legal age. If the mother and father marry each other at any
24 time after the registrant's birth, the department shall, upon
25 the request of the mother and father or registrant if of legal
26 age and proof of the marriage, amend the certificate with
27 regard to the parents' marital status as though the parents
28 were married at the time of birth.
29 (4) When a new certificate of birth is prepared
30 pursuant to subsection (3), The department shall substitute
31 the new certificate of birth for the original certificate on
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 file. All copies of the original certificate of live birth in
2 the custody of a local registrar or other state custodian of
3 vital records shall be forwarded to the State Registrar.
4 Thereafter, when a certified copy of the certificate of birth
5 or portion thereof is issued, it shall be a copy of the new
6 certificate of birth or portion thereof, except when a court
7 order requires issuance of a certified copy of the original
8 certificate of birth. The department shall place the original
9 certificate of birth and all papers pertaining thereto under
10 seal, not to be broken except by order of a court of competent
11 jurisdiction or as otherwise provided by law.
12 (c)(5) If a father's name is listed on the birth
13 certificate, the birth certificate may only be amended to
14 remove the father's name or to add a different father's name
15 upon court order. If a change in the registrant's surname is
16 also desired, such change must be included in the court order
17 or the name must be changed pursuant to s. 68.07.
18 (2) CERTIFICATE OF DEATH AMENDMENTS.--Except for a
19 misspelling or an omission on a death certificate with regard
20 to the name of the surviving spouse, the department may not
21 change the name of a surviving spouse on the certificate
22 except by order of a court of competent jurisdiction.
23 Section 11. Paragraph (h) of subsection (1) of section
24 382.0255, Florida Statutes, is amended to read:
25 382.0255 Fees.--
26 (1) The department is entitled to fees, as follows:
27 (h) Not less than 5 cents or more than 10 cents for
28 each data vital record listed on electronic media plus a
29 reasonable charge for the cost of preparation, as established
30 defined by department rule.
31 Section 12. Paragraph (c) of subsection (3) of section
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 383.402, Florida Statutes, is amended to read:
2 383.402 Child abuse death review; State Child Abuse
3 Death Review Committee; local child abuse death review
4 committees.--
5 (3) The State Child Abuse Death Review Committee
6 shall:
7 (c) Prepare an annual statistical report on the
8 incidence and causes of death resulting from child abuse in
9 the state during the prior calendar year. The state committee
10 shall submit a copy of the report by December 31 September 30
11 of each year to the Governor, the President of the Senate, and
12 the Speaker of the House of Representatives, with the first
13 annual report due on September 30, 2000. The report must
14 include recommendations for state and local action, including
15 specific policy, procedural, regulatory, or statutory changes,
16 and any other recommended preventive action.
17 Section 13. Paragraph (b) of subsection (1) of section
18 383.14, Florida Statutes, is amended to read:
19 383.14 Screening for metabolic disorders, other
20 hereditary and congenital disorders, and environmental risk
21 factors.--
22 (1) SCREENING REQUIREMENTS.--To help ensure access to
23 the maternal and child health care system, the Department of
24 Health shall promote the screening of all infants born in
25 Florida for phenylketonuria and other metabolic, hereditary,
26 and congenital disorders known to result in significant
27 impairment of health or intellect, as screening programs
28 accepted by current medical practice become available and
29 practical in the judgment of the department. The department
30 shall also promote the identification and screening of all
31 infants born in this state and their families for
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 environmental risk factors such as low income, poor education,
2 maternal and family stress, emotional instability, substance
3 abuse, and other high-risk conditions associated with
4 increased risk of infant mortality and morbidity to provide
5 early intervention, remediation, and prevention services,
6 including, but not limited to, parent support and training
7 programs, home visitation, and case management.
8 Identification, perinatal screening, and intervention efforts
9 shall begin prior to and immediately following the birth of
10 the child by the attending health care provider. Such efforts
11 shall be conducted in hospitals, perinatal centers, county
12 health departments, school health programs that provide
13 prenatal care, and birthing centers, and reported to the
14 Office of Vital Statistics.
15 (b) Postnatal screening.--A risk factor analysis using
16 the department's designated risk assessment instrument shall
17 also be conducted as part of the medical screening process
18 upon the birth of a child and submitted to the department's
19 Office of Vital Statistics for recording and other purposes
20 provided for in this chapter. The department's screening
21 process for risk assessment shall include a scoring mechanism
22 and procedures that establish thresholds for notification,
23 further assessment, referral, and eligibility for services by
24 professionals or paraprofessionals consistent with the level
25 of risk. Procedures for developing and using the screening
26 instrument, notification, referral, and care coordination
27 services, reporting requirements, management information, and
28 maintenance of a computer-driven registry in the Office of
29 Vital Statistics which ensures privacy safeguards must be
30 consistent with the provisions and plans established under
31 chapter 411, Pub. L. No. 99-457, and this chapter. Procedures
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HOUSE AMENDMENT
Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 established for reporting information and maintaining a
2 confidential registry must include a mechanism for a
3 centralized information depository at the state and county
4 levels. The department shall coordinate with existing risk
5 assessment systems and information registries. The department
6 must ensure, to the maximum extent possible, that the
7 screening information registry is integrated with the
8 department's automated data systems, including the Florida
9 On-line Recipient Integrated Data Access (FLORIDA) system.
10 Tests and screenings must be performed by the State Public
11 Health Laboratory, in coordination with Children's Medical
12 Services, at such times and in such manner as is prescribed by
13 the department after consultation with the Genetics and Infant
14 Screening Advisory Council and the State Coordinating Council
15 for School Readiness Programs.
16 Section 14. Subsections (1), (3), (5), (6), and (9) of
17 section 383.50, Florida Statutes, are amended to read:
18 383.50 Treatment of abandoned newborn infant.--
19 (1) As used in this section, the term "newborn infant"
20 means a child that a licensed physician reasonably believes to
21 be approximately 3 days old or younger at the time the child
22 is left at a hospital, emergency medical services station, or
23 a fire station.
24 (3) Each emergency medical services station or fire
25 station staffed with full-time firefighters, or emergency
26 medical technicians, or paramedics shall accept any newborn
27 infant left with a firefighter, or emergency medical
28 technician, or paramedic. The firefighter, emergency medical
29 technician, or paramedic fire station shall consider these
30 actions as implied consent to and shall:
31 (a) Provide emergency medical services to the newborn
18
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1 infant to the extent he or she is trained to provide those
2 services, and
3 (b) Arrange for the immediate transportation of the
4 newborn infant to the nearest hospital having with emergency
5 services.
6
7 A licensee as defined in s. 401.23, a fire department, or an
8 employee or agent of a licensee or fire department may treat
9 and transport a newborn infant pursuant to this section. If a
10 newborn infant is placed in the physical custody of an
11 employee or agent of a licensee or fire department, such
12 placement shall be considered implied consent for treatment
13 and transport. A licensee, a fire department, or an employee
14 or agent of a licensee or fire department Any firefighter or
15 emergency medical technician accepting or providing emergency
16 medical services to a newborn infant pursuant to this
17 subsection is immune from criminal or civil liability for
18 acting in good faith pursuant to this section having performed
19 the act. Nothing in this subsection limits liability for
20 negligence.
21 (5) Except where there is actual or suspected child
22 abuse or neglect, any parent who leaves a newborn infant with
23 a firefighter, or emergency medical technician, or paramedic
24 at a fire station or emergency medical services station, or
25 brings a newborn infant to an emergency room of a hospital and
26 expresses an intent to leave the newborn infant and not
27 return, has the absolute right to remain anonymous and to
28 leave at any time and may not be pursued or followed unless
29 the parent seeks to reclaim the newborn infant.
30 (6) A parent of a newborn infant left at a hospital,
31 emergency medical services station, or a fire station under
19
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1 this section may claim his or her newborn infant up until the
2 court enters a judgment terminating his or her parental
3 rights. A claim to of parental rights of the newborn infant
4 must be made to the entity having physical or legal custody of
5 the newborn infant or to the circuit court before whom
6 proceedings involving the newborn infant are pending.
7 (9) A newborn infant left at a fire station or a
8 hospital, emergency medical services station, or fire station
9 in accordance with this section shall not be deemed abandoned
10 and subject to reporting and investigation requirements under
11 s. 39.201 unless there is actual or suspected child abuse or
12 until the department takes physical custody of the child.
13 Section 15. Section 391.037, Florida Statutes, is
14 created to read:
15 391.037 Physicians; private-sector services.--It is
16 not a violation of s. 112.313(7) for a physician licensed
17 under chapter 458 or chapter 459 who is providing
18 private-sector services to clients of the department or who is
19 employed by or has a contractual relationship with any
20 business entity or agency that is a contract provider for the
21 department to also be employed by the department to provide
22 services under this chapter or chapter 39 if:
23 (1) The physician does not enter into contracts with
24 the department on behalf of any business entity or agency with
25 whom the physician is employed or has an employment or
26 contractual relationship.
27 (2) The physician's private-sector employment or
28 contractual relationship does not create a conflict between
29 the physician's private-sector interests and public duties or
30 impede the full and faithful discharge of the physician's
31 public duties as an employee of the department.
20
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1 (3) The physician's employment with the department
2 does not compromise the ability of department clients to make
3 a voluntary choice among department-referred physicians and
4 private providers for their medical services.
5 Section 16. Paragraph (b) of subsection (2) of section
6 401.113, Florida Statutes, is amended to read:
7 401.113 Department; powers and duties.--
8 (2) The department shall annually dispense funds
9 contained in the Emergency Medical Services Trust Fund as
10 follows:
11 (b) Forty percent of such moneys must be used by the
12 department for making matching grants to local agencies,
13 municipalities, and emergency medical services organizations
14 for the purpose of conducting research, increasing existing
15 levels of emergency medical services, evaluation, community
16 education, injury prevention programs, and training in
17 cardiopulmonary resuscitation and other lifesaving and first
18 aid techniques.
19 1. At least 90 percent of these moneys must be made
20 available on a cash matching basis. A grant made under this
21 subparagraph must be contingent upon the recipient providing a
22 cash sum equal to 25 percent of the total department-approved
23 grant amount.
24 2. No more than 10 percent of these moneys must be
25 made available to rural emergency medical services, and
26 notwithstanding the restrictions specified in subsection (1),
27 these moneys may be used for improvement, expansion, or
28 continuation of services provided. A grant made under this
29 subparagraph must be contingent upon the recipient providing a
30 cash sum equal to no more than 10 percent of the total
31 department-approved grant amount.
21
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1
2 The department shall develop procedures and standards for
3 grant disbursement under this paragraph based on the need for
4 emergency medical services, the requirements of the population
5 to be served, and the objectives of the state emergency
6 medical services plan.
7 Section 17. Subsections (4) and (5) of section 401.27,
8 Florida Statutes, are amended to read:
9 401.27 Personnel; standards and certification.--
10 (4) An applicant for certification or recertification
11 as an emergency medical technician or paramedic must:
12 (a) Have completed an appropriate training course as
13 follows:
14 1. For an emergency medical technician, an emergency
15 medical technician training course equivalent to the most
16 recent emergency medical technician basic training course of
17 the United States Department of Transportation as approved by
18 the department;
19 2. For a paramedic, a paramedic training program
20 equivalent to the most recent paramedic course of the United
21 States Department of Transportation as approved by the
22 department;
23 (b) Certify under oath that he or she is not addicted
24 to alcohol or any controlled substance;
25 (c) Certify under oath that he or she is free from any
26 physical or mental defect or disease that might impair the
27 applicant's ability to perform his or her duties;
28 (d) Within 1 year after course completion have passed
29 an examination developed or required by the department;
30 (e)1. For an emergency medical technician, hold either
31 a current American Heart Association cardiopulmonary
22
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1 resuscitation course card or an American Red Cross
2 cardiopulmonary resuscitation course card or its equivalent as
3 defined by department rule;
4 2. For a paramedic, hold a certificate of successful
5 course completion in advanced cardiac life support from the
6 American Heart Association or its equivalent as defined by
7 department rule;
8 (f) Submit the certification fee and the nonrefundable
9 examination fee prescribed in s. 401.34, which examination fee
10 will be required for each examination administered to an
11 applicant; and
12 (g) Submit a completed application to the department,
13 which application documents compliance with paragraphs (a),
14 (b), (c), (e), (f), (g), and, if applicable, (d). The
15 application must be submitted so as to be received by the
16 department at least 30 calendar days before the next regularly
17 scheduled examination for which the applicant desires to be
18 scheduled.
19 (5) The certification examination must be offered
20 monthly. The department shall issue an examination admission
21 notice to the applicant advising him or her of the time and
22 place of the examination for which he or she is scheduled.
23 Individuals achieving a passing score on the certification
24 examination may be issued a temporary certificate with their
25 examination grade report. The department must issue an
26 original certification within 45 days after the examination.
27 Examination questions and answers are not subject to discovery
28 but may be introduced into evidence and considered only in
29 camera in any administrative proceeding under chapter 120. If
30 an administrative hearing is held, the department shall
31 provide challenged examination questions and answers to the
23
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1 administrative law judge. The department shall establish by
2 rule the procedure by which an applicant, and the applicant's
3 attorney, may review examination questions and answers in
4 accordance with s. 119.07(3)(a).
5 Section 18. Subsection (2) of section 404.056, Florida
6 Statutes, is repealed, and present subsections (5) and (7) of
7 said section are renumbered as subsections (4) and (6),
8 respectively, and amended to read:
9 404.056 Environmental radiation standards and
10 programs; radon protection.--
11 (4)(5) MANDATORY TESTING.--All public and private
12 school buildings or school sites housing students in
13 kindergarten through grade 12; all state-owned,
14 state-operated, state-regulated, or state-licensed 24-hour
15 care facilities; and all state-licensed day care centers for
16 children or minors which are located in counties designated
17 within the Department of Community Affairs' Florida Radon
18 Protection Map Categories as "Intermediate" or "Elevated Radon
19 Potential" shall be measured to determine the level of indoor
20 radon, using measurement procedures established by the
21 department. Testing shall be completed within the first year
22 of construction in 20 percent of the habitable first floor
23 spaces within any of the regulated buildings. Initial
24 measurements shall be completed and reported to the department
25 by July 1 of the year the building is opened for occupancy.
26 Followup testing must be completed in 5 percent of the
27 habitable first floor spaces within any of the regulated
28 buildings after the building has been occupied for 5 years,
29 and results must be reported to the department by July 1 of
30 the 5th year of occupancy. After radon measurements have been
31 made twice, regulated buildings need not undergo further
24
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1 testing unless significant structural changes occur. Where
2 fill soil is required for the construction of a regulated
3 building, initial testing of fill soil must be performed using
4 measurement procedures established by the department, and the
5 results must be reported to the department prior to
6 construction. No funds collected pursuant to s. 553.721 shall
7 be used to carry out the provisions of this subsection.
8 (6)(7) RULES.--The department shall have the authority
9 to promulgate rules necessary to carry out the provisions of
10 this section, including the definition of terms.
11 Section 19. Subsections (1) and (3) of section 742.10,
12 Florida Statutes, are amended to read:
13 742.10 Establishment of paternity for children born
14 out of wedlock.--
15 (1) This chapter provides the primary jurisdiction and
16 procedures for the determination of paternity for children
17 born out of wedlock. When the establishment of paternity has
18 been raised and determined within an adjudicatory hearing
19 brought under the statutes governing inheritance, or
20 dependency under workers' compensation or similar compensation
21 programs, or when an affidavit acknowledging paternity or a
22 stipulation of paternity is executed by both parties and filed
23 with the clerk of the court, or when an a consenting affidavit
24 or notarized voluntary acknowledgement of paternity as
25 provided for in s. 382.013 or s. 382.016 is executed by both
26 parties, it shall constitute the establishment of paternity
27 for purposes of this chapter. If no adjudicatory proceeding
28 was held, a notarized voluntary acknowledgment of paternity
29 shall create a rebuttable presumption, as defined by s.
30 90.304, of paternity and is subject to the right of any
31 signatory to rescind the acknowledgment within 60 days of the
25
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1 date the acknowledgment was signed or the date of an
2 administrative or judicial proceeding relating to the child,
3 including a proceeding to establish a support order, in which
4 the signatory is a party, whichever is earlier. Both parents
5 are required to provide their social security numbers on any
6 acknowledgment of paternity, consent affidavit, or stipulation
7 of paternity. Except for consenting affidavits under seal
8 pursuant to ss. 382.015 and 382.016, the Office of Vital
9 Statistics shall provide certified copies of affidavits to the
10 Title IV-D agency upon request.
11 (3) The department shall adopt rules which establish
12 the information which must be provided to an individual prior
13 to execution of an a consenting affidavit or voluntary
14 acknowledgment of paternity. The information shall explain the
15 alternatives to, the legal consequences of, and the rights,
16 including, if one parent is a minor, any rights afforded due
17 to minority status, and responsibilities that arise from
18 acknowledging paternity.
19 Section 20. Paragraph (b) of subsection (1) and
20 paragraph (a) of subsection (2) of section 743.0645, Florida
21 Statutes, are amended to read:
22 743.0645 Other persons who may consent to medical care
23 or treatment of a minor.--
24 (1) As used in this section, the term:
25 (b) "Medical care and treatment" includes ordinary and
26 necessary medical and dental examination and treatment,
27 including blood testing, preventive care including ordinary
28 immunizations, tuberculin testing, and well-child care, but
29 does not include surgery, general anesthesia, provision of
30 psychotropic medications, or other extraordinary procedures
31 for which a separate court order, power of attorney, or
26
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1 informed consent as provided by law is required.
2 (2) Any of the following persons, in order of priority
3 listed, may consent to the medical care or treatment of a
4 minor who is not committed to the Department of Children and
5 Family Services or the Department of Juvenile Justice or in
6 their custody under chapter 39, chapter 984, or chapter 985
7 when, after a reasonable attempt, a person who has the power
8 to consent as otherwise provided by law cannot be contacted by
9 the treatment provider and actual notice to the contrary has
10 not been given to the provider by that person:
11 (a) A person who possesses a power of attorney to
12 provide medical consent for the minor. A power of attorney
13 executed after July 1, 2001, to provide medical consent for a
14 minor includes the power to consent to medically necessary
15 surgical and general anesthesia services for the minor unless
16 such services are excluded by the individual executing the
17 power of attorney.
18
19 There shall be maintained in the treatment provider's records
20 of the minor documentation that a reasonable attempt was made
21 to contact the person who has the power to consent.
22 Section 21. Section 827.035, Florida Statutes, is
23 amended to read:
24 827.035 Newborn infants.--It shall not constitute
25 neglect of a child pursuant to s. 827.03 or contributing to
26 the dependency of a child pursuant to s. 827.04, if a parent
27 leaves a newborn infant, as defined in s. 383.50, at a
28 hospital, emergency medical services station, or fire station
29 or brings a newborn infant to an emergency room and expresses
30 an intent to leave the infant and not return, in compliance
31 with s. 383.50.
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1 Section 22. This act shall take effect July 1, 2001.
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 1,
7 remove from the title of the bill: the entire title
8
9 and insert in lieu thereof:
10 A bill to be entitled
11 An act relating to public health; amending ss.
12 39.201, 63.0423, 383.50, and 827.035, F.S.;
13 expanding the type of personnel and facilities
14 that may accept abandoned newborns; providing
15 implied consent for treatment and transport and
16 certain immunity from liability; amending s.
17 232.465, F.S.; expanding the type of personnel
18 that may supervise nonmedical school district
19 personnel; providing technical corrections;
20 amending s. 381.0056, F.S.; providing
21 requirements for school health programs funded
22 by health care districts or certain health care
23 entities; amending s. 381.0059, F.S.; revising
24 background screening requirements for school
25 health service personnel; amending s. 381.026,
26 F.S., relating to the Florida Patient's Bill of
27 Rights and Responsibilities; replacing
28 references to the term "physical handicap" with
29 the term "handicap"; amending ss. 382.003,
30 382.004, 382.013, 382.016, and 382.0255, F.S.;
31 modifying provisions relating to vital records;
28
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Bill No. HB 475
Amendment No. ___ (for drafter's use only)
1 amending s. 383.14, F.S.; requiring postnatal
2 tests and screenings for infant metabolic
3 disorders to be performed by the State Public
4 Health Laboratory; amending s. 383.402, F.S.;
5 modifying the annual report date for child
6 abuse death reviews; creating s. 391.037, F.S.;
7 providing that the furnishing of medical
8 services by state employees under specified
9 conditions does not constitute a conflict of
10 interest; amending s. 401.113, F.S.; providing
11 for use of funds in the Emergency Medical
12 Services Trust Fund for injury prevention
13 programs; amending s. 401.27, F.S.; authorizing
14 the Department of Health to define by rule the
15 equivalent of cardiopulmonary resuscitation
16 courses for emergency medical technicians and
17 paramedics; exempting emergency medical
18 services examination questions and answers from
19 discovery; providing conditions for
20 introduction in administrative proceedings;
21 requiring the department to establish rules;
22 repealing s. 404.056(2), F.S., relating to the
23 Florida Coordinating Council on Radon
24 Protection; amending s. 404.056, F.S.; deleting
25 an obsolete environmental radiation
26 soil-testing requirement; clarifying rulemaking
27 authority; amending s. 742.10, F.S.; requiring
28 a voluntary acknowledgement of paternity for a
29 child born out of wedlock to be notarized;
30 amending s. 743.0645, F.S., relating to consent
31 to medical care or treatment of a minor;
29
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Amendment No. ___ (for drafter's use only)
1 providing that a power of attorney to provide
2 such consent includes the power to consent to
3 surgical and general anesthesia services;
4 providing an effective date.
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