Florida Senate - 2011                                    SB 1760
       
       
       
       By Senator Wise
       
       
       
       
       5-01642-11                                            20111760__
    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
    6         rights, powers, and privileges as a child born alive
    7         in the course of a birth that is not subsequent to an
    8         abortion; providing a standard of care to be exercised
    9         by health care practitioners toward such a child;
   10         requiring health care practitioners to report
   11         violations; providing that violations may constitute
   12         grounds for discipline of health care practitioners
   13         under a specified provision; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 390.01112, Florida Statutes, is created
   19  to read:
   20         390.01112 Born Alive Infant Protection Act.—
   21         (1) This section may be cited as the “Born Alive Infant
   22  Protection Act.”
   23         (2) As used in this section, the term:
   24         (a) “Born alive” means the complete expulsion or extraction
   25  from his or her mother of a human infant, at any stage of
   26  development, who after such expulsion or extraction breathes or
   27  has a beating heart, pulsation of the umbilical cord, or
   28  definite movement of voluntary muscles, regardless of whether
   29  the umbilical cord has been cut and regardless of whether the
   30  expulsion or extraction occurs as a result of natural or induced
   31  labor, cesarean section, induced abortion, or 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, a
   39  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 who has actual knowledge of
   46  a 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 is a violation of s. 456.072(1)(k).
   50         Section 2. This act shall take effect July 1, 2011.