HB 1063

1	A bill to be entitled
2	An act relating to infants born alive; creating s.
3	390.01112, F.S.; providing a short title; providing
4	definitions; providing that an infant born alive
5	subsequent to an abortion is entitled to the same rights,
6	powers, and privileges as a child born alive in the course
7	of a birth that is not subsequent to an abortion;
8	providing a standard of care to be exercised by health
9	care practitioners toward such a child; requiring health
10	care practitioners to report violations; providing that
11	violations may constitute grounds for discipline of health
12	care practitioners under a specified provision; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 390.01112, Florida Statutes, is created
18	to read:
19	390.01112  Born Alive Infant Protection Act.-
20	(1)  This section may be cited as the "Born Alive Infant
21	Protection Act."
22	(2)  As used in this section, the term:
23	(a)  "Born alive" means the complete expulsion or
24	extraction from his or her mother of a human infant, at any
25	stage of development, who after such expulsion or extraction
26	breathes or has a beating heart, pulsation of the umbilical
27	cord, or definite movement of voluntary muscles, regardless of
28	whether the umbilical cord has been cut and regardless of
29	whether the expulsion or extraction occurs as a result of
30	natural or induced labor, cesarean section, induced abortion, or
31	other method.
32	(b)  "Health care practitioner" has the same meaning as
33	provided in s. 456.001.
34	(3)  An infant born alive subsequent to an abortion is
35	entitled to the same rights, powers, and privileges as are
36	granted by the laws of this state to any other child born alive
37	in the course of a birth that is not subsequent to an abortion.
38	(4)  If an infant is born alive subsequent to an abortion,
39	a health care practitioner present at the time must humanely
40	exercise the same level of professional skill, care, and
41	diligence to preserve the life and health of the infant as would
42	be rendered by a health care practitioner to an infant born
43	alive in the course of a birth that is not subsequent to an
44	abortion.
45	(5)  A health care practitioner with actual knowledge of a
46	violation of this section must report the violation to the
47	department.
48	(6)  A violation of this section by a health care
49	practitioner shall be considered a violation of s.
50	456.072(1)(k).
51	Section 2.  This act shall take effect July 1, 2010.

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