Florida Senate - 2017                                    SB 1240
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01528-17                                           20171240__
    1                        A bill to be entitled                      
    2         An act relating to minor patients; amending s.
    3         395.302, F.S.; requiring a hospital or medical
    4         facility to maintain and store all medical films and
    5         records of a minor patient until the patient reaches
    6         the age of 18 years; amending s. 766.306, F.S.;
    7         tolling the statute of limitations with respect to any
    8         medical-related civil or criminal action brought by,
    9         or on behalf of, an ill or injured minor until the
   10         minor reaches the age of 18 years; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) is added to section 395.302,
   16  Florida Statutes, to read:
   17         395.302 Patient records; penalties for alteration.—
   18         (3)(a) A hospital or medical facility shall maintain and
   19  store all medical films and records of a minor patient,
   20  including, but not limited to, films and records of medical
   21  tests and procedures occurring on the facility’s premises or a
   22  family facility’s premises, until such patient reaches the age
   23  of 18 years.
   24         (b) Failure of a hospital or medical facility to properly
   25  maintain or store films and records under this subsection shall
   26  result in the hospital or medical facility being subject to
   27  sanctions pursuant to s. 395.1065.
   28         Section 2. Section 766.306, Florida Statutes, is amended to
   29  read:
   30         766.306 Tolling of statute of limitations.—
   31         (1) The statute of limitations with respect to any civil
   32  action that may be brought by, or on behalf of, an injured
   33  infant allegedly arising out of, or related to, a birth-related
   34  neurological injury shall be tolled by the filing of a claim in
   35  accordance with ss. 766.301-766.316, and the time such claim is
   36  pending or is on appeal shall not be computed as part of the
   37  period within which such civil action may be brought.
   38         (2) The statute of limitations with respect to any civil
   39  action that may be brought by, or on behalf of, an ill or
   40  injured minor allegedly arising out of, or related to, the
   41  failure of a licensed medical facility or physician shall be
   42  tolled until the minor child reaches the age of 18 years, and
   43  the time such claim is pending or is on appeal may not be
   44  computed as part of the period within which such civil action
   45  may be brought.
   46         Section 3. This act shall take effect July 1, 2017.