House Bill hb1467

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    Florida House of Representatives - 2002                HB 1467

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to "Shaken-Baby Syndrome";

  3         requiring hospitals to give to new parents

  4         informational brochures concerning the dangers

  5         of shaking babies and young children; requiring

  6         the Department of Health to prepare the

  7         brochures; prescribing the contents of the

  8         brochures; providing that a cause of action

  9         against specified persons and entities does not

10         accrue as a result of failure to give this

11         information; providing for a fine for

12         violations; providing an effective date.

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

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16         Section 1.  Dangers of shaking infants and young

17  children; hospitals required to distribute brochures.--

18         (1)  Every hospital that has maternity and newborn

19  services shall provide to the parents of a newborn, before

20  they take their newborn home from the hospital, information

21  concerning the dangers of shaking infants and young children.

22         (2)  The Department of Health shall prepare a brochure

23  that describes the dangers of shaking infants and young

24  children. The description must include information concerning

25  the grave effects of shaking infants and young children,

26  information concerning appropriate ways to manage the causes

27  that can lead a person to shake infants and young children,

28  and a discussion of ways to reduce the risks that can lead a

29  person to shake infants and young children.

30         (3)  This section does not preclude a hospital's

31  providing the notice required under this section as an

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    Florida House of Representatives - 2002                HB 1467

    722-144A-02






  1  addendum to, or in connection with, any other required

  2  information.

  3         (4)  A cause of action does not accrue against the

  4  state or any subdivision or agency thereof or any hospital for

  5  failure to give or receive the information required under this

  6  section.

  7         (5)  Any hospital that continues to violate this

  8  section after having received from the Department of Health

  9  written notice that a violation of this section has occurred

10  and after having been given an opportunity to be heard is

11  subject to a civil penalty in an amount not to exceed $500.

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

13  law.

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16                          SENATE SUMMARY

17    Requires hospitals that offer maternity and newborn
      services to give to new parents informational brochures
18    concerning the dangers of shaking babies and young
      children. Requires the Department of Health to prepare
19    the brochures and prescribes the contents of the
      brochures. Provides that a cause of action does not
20    accrue as a result of failure to provide this
      information. Provides for a hospital to be fined for
21    failing to provide this information if the hospital
      continues such a violation after it has been warned and
22    given an opportunity to respond to the warning.

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