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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1766

    Amendment No. ___   Barcode 862764

                            CHAMBER ACTION
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11  Senator Sullivan moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  This act may be cited as the "Kimberlin

18  West Act of 2002."

19         Section 2.  Dangers of shaking infants and young

20  children; requirements for distributing brochures.--

21         (1)  Every hospital, birthing facility, and provider of

22  home birth which has maternity and newborn services shall

23  provide to the parents of a newborn, before they take their

24  newborn home from the hospital or birthing facility, written

25  information with an explanation concerning the dangers of

26  shaking infants and young children. Brochures shall also be

27  provided to infant child care providers.

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

29  that describes the dangers of shaking infants and young

30  children. The description must include information concerning

31  the grave effects of shaking infants and young children,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1766

    Amendment No. ___   Barcode 862764





  1  information concerning appropriate ways to manage the causes

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

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

  4  person to shake infants and young children.

  5         (3)  This section does not preclude a hospital,

  6  birthing facility, or a home birth provider from providing the

  7  notice required under this section as an addendum to, or in

  8  connection with, any other required information.

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

10  state or any subdivision or agency thereof or any hospital

11  birthing facility or home-birth provider for failure to give

12  or receive the information required under this section.

13         Section 3.  Section 39.204, Florida Statutes, is

14  amended to read:

15         39.204  Abrogation of privileged communications in

16  cases involving child abuse, abandonment, or neglect.--The

17  privileged quality of communication between husband and wife

18  and between any professional person and his or her patient or

19  client, and any other privileged communication except that

20  between attorney and client or the privilege provided in s.

21  90.505, as such communication relates both to the competency

22  of the witness and to the exclusion of confidential

23  communications, shall not apply to any communication involving

24  the perpetrator or alleged perpetrator in any situation

25  involving known or suspected child abuse, abandonment, or

26  neglect and shall not constitute grounds for failure to report

27  as required by s. 39.201 regardless of the source of the

28  information requiring the report, failure to cooperate with

29  law enforcement or the department in its activities pursuant

30  to this chapter, or failure to give evidence in any judicial

31  proceeding relating to child abuse, abandonment, or neglect.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1766

    Amendment No. ___   Barcode 862764





  1         Section 4.  Subsections (3) and (5) of section

  2  415.1045, Florida Statutes, are amended to read:

  3         415.1045  Photographs, videotapes, and medical

  4  examinations; abrogation of privileged communications;

  5  confidential records and documents.--

  6         (3)  ABROGATION OF PRIVILEGED COMMUNICATIONS.--The

  7  privileged quality of communication between husband and wife

  8  and between any professional and the professional's patient or

  9  client, and any other privileged communication except that

10  between attorney and client or clergy and person, as such

11  communication relates to both the competency of the witness

12  and to the exclusion of confidential communications, does not

13  apply to any situation involving known or suspected abuse,

14  neglect, or exploitation of a vulnerable adult and does not

15  constitute grounds for failure to report as required by s.

16  415.1034, for failure to cooperate with law enforcement or the

17  department in its activities under ss. 415.101-415.113, or for

18  failure to give evidence in any judicial or administrative

19  proceeding relating to abuse, neglect, or exploitation of a

20  vulnerable adult.

21         (5)  ACCESS TO RECORDS AND DOCUMENTS.--If any person

22  refuses to allow a law enforcement officer or the protective

23  investigator to have access to, inspect, or copy any medical,

24  social, or financial record or document in the possession of

25  any person, caregiver, guardian, or facility which is relevant

26  to the allegations under investigation, the department may

27  petition the court for an order requiring the person to allow

28  access to the record or document.  The petition must allege

29  specific facts sufficient to show that the record or document

30  is relevant to the allegations under investigation and that

31  the person refuses to allow access to such record or document.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1766

    Amendment No. ___   Barcode 862764





  1  If the court finds by a preponderance of the evidence that the

  2  record or document is relevant to the allegations under

  3  investigation, the court may order the person to allow access

  4  to and permit the inspection or copying of the medical,

  5  social, or financial record or document.

  6         Section 5.  This act shall take effect upon becoming a

  7  law.

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  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         A act relating to child and adult abuse;

17         providing a short title; requiring hospitals,

18         birthing facilities, or home birth providers to

19         give to new parents informational brochures

20         concerning the dangers of shaking babies and

21         young children; requiring the Department of

22         Health to prepare the brochures; prescribing

23         the contents of the brochures; providing that a

24         cause of action against specified persons and

25         entities does not accrue as a result of failure

26         to give this information; amending ss. 39.204

27         and 415.1045, F.S.; providing applicability of

28         failure to cooperate with law enforcement with

29         respect to investigation of or privileged

30         communications regarding child or adult abuse;

31         providing an effective date.

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