HB 0089 2003
   
1 CHAMBER ACTION
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6          The Committee on Health Care recommends the following:
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8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to the disposition of fetal remains;
12    creating s. 383.33625, F.S.; providing a popular name;
13    providing that where a health care practitioner has
14    custody of a fetus following a spontaneous fetal demise,
15    the health practitioner must notify the mother of her
16    option to burial or cremation of the fetal remains;
17    providing requirements with respect to notification and
18    election; directing the Department of Health to develop
19    forms by rule for health practitioners; providing that
20    where a facility has custody of fetal remains following a
21    spontaneous fetal demise, the facility must notify the
22    mother of her option to burial or cremation of the fetal
23    remains; providing requirements with respect to
24    notification and election; directing the Agency for Health
25    Care Administration to develop forms by rule for
26    facilities; providing an effective date.
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28          Be It Enacted by the Legislature of the State of Florida:
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30          Section 1. Section 383.33625, Florida Statutes, is created
31    to read:
32          383.33625 Stephanie Saboor Grieving Parents Act;
33    disposition of fetus; notification; forms developed.--
34          (1) This section shall be known by the popular name, and
35    may be cited as, the “Stephanie Saboor Grieving Parents Act.”
36          (2) A health care practitioner licensed pursuant to
37    chapter 458, chapter 459, chapter 464, or chapter 467 having
38    custody of fetal remains following a spontaneous fetal demise
39    occurring after a gestation period of less than 20 completed
40    weeks must notify the mother of her option to arrange for the
41    burial or cremation of the fetal remains. Notification may also
42    include other options, such as, but not limited to, a ceremony,
43    a certificate, or common burial of the fetal remains. The mother
44    must elect, in writing, within 24 hours of notification if she
45    chooses to arrange for burial or cremation of the fetal remains.
46          (3) The Department of Health shall develop forms, by rule,
47    to be used by the health care practitioner for notifications and
48    elections and the health care practitioner shall provide the
49    forms to the mother.
50          (4) A facility licensed pursuant to chapters 383 and 395
51    having custody of fetal remains following a spontaneous fetal
52    demise occurring after a gestation period of less than 20
53    completed weeks must notify the mother of her option to arrange
54    for the burial or cremation of the fetal remains. Notification
55    may also include other options such as, but not limited to, a
56    ceremony, a certificate, or common burial of the fetal remains.
57    The mother must elect, in writing, within 24 hours of
58    notification if she chooses to arrange for burial or cremation
59    of the fetal remains.
60          (5) The Agency for Health Care Administration shall
61    develop forms, by rule, to be used by the facility for
62    notifications and elections and the hospital shall provide the
63    forms to the mother.
64          Section 2. This act shall take effect upon becoming a law.