Florida Senate - 2018                                    SB 1196
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00052-18                                           20181196__
    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; providing that a hospital or
    7         medical facility that fails to maintain or store
    8         certain medical films and records is subject to
    9         sanctions under s. 395.1065, F.S.; amending s.
   10         766.306, F.S.; tolling the statute of limitations with
   11         respect to any medical-related civil action brought
   12         by, or on behalf of, an ill or injured minor until the
   13         minor reaches the age of 18 years; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (3) is added to section 395.302,
   19  Florida Statutes, to read:
   20         395.302 Patient records; penalties for alteration.—
   21         (3)(a) A hospital or medical facility shall maintain and
   22  store all medical films and records of a minor patient,
   23  including, but not limited to, films and records of medical
   24  tests and procedures occurring on the hospital or medical
   25  facility’s premises, or all medical films and records of a minor
   26  patient obtained from another facility, until such patient
   27  reaches the age of 18 years.
   28         (b) Failure of a hospital or medical facility to maintain
   29  or store medical films and records under this subsection shall
   30  result in the hospital or medical facility being subject to
   31  sanctions pursuant to s. 395.1065.
   32         Section 2. Section 766.306, Florida Statutes, is amended to
   33  read:
   34         766.306 Tolling of statute of limitations.—
   35         (1) The statute of limitations with respect to any civil
   36  action that may be brought by, or on behalf of, an injured
   37  infant allegedly arising out of, or related to, a birth-related
   38  neurological injury shall be tolled by the filing of a claim in
   39  accordance with ss. 766.301-766.316, and the time such claim is
   40  pending or is on appeal shall not be computed as part of the
   41  period within which such civil action may be brought.
   42         (2) The statute of limitations with respect to any civil
   43  action that may be brought by, or on behalf of, an ill or
   44  injured minor allegedly arising out of, or related to, the error
   45  of a licensed medical facility or physician shall be tolled
   46  until the minor child reaches the age of 18 years, and the time
   47  such claim is pending or is on appeal may not be computed as
   48  part of the period within which the civil action may be brought.
   49         Section 3. This act shall take effect July 1, 2018.