ENROLLED
       2018 Legislature                            CS for CS for SB 510
       
       
       
       
       
       
                                                              2018510er
    1  
    2         An act relating to reporting of adverse incidents in
    3         planned out-of-hospital births; creating s. 456.0495,
    4         F.S.; defining the term “adverse incident”; requiring
    5         licensed physicians, certified nurse midwives, and
    6         licensed midwives to report an adverse incident and a
    7         medical summary of events to the Department of Health
    8         within a specified timeframe; requiring the department
    9         to review adverse incident reports and determine if
   10         conduct occurred that is subject to disciplinary
   11         action; requiring the appropriate regulatory board or
   12         the department to take disciplinary action under
   13         certain circumstances; requiring the department to
   14         adopt rules; requiring the department to develop a
   15         form to be used for the reporting of adverse
   16         incidents; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 456.0495, Florida Statutes, is created
   21  to read:
   22         456.0495 Reporting adverse incidents occurring in planned
   23  out-of-hospital births.—
   24         (1) For purposes of this section, the term “adverse
   25  incident” means an event over which a physician licensed under
   26  chapter 458 or chapter 459, a nurse midwife certified under part
   27  I of chapter 464, or a midwife licensed under chapter 467 could
   28  exercise control and which is associated with an attempted or
   29  completed planned out-of-hospital birth, and results in one or
   30  more of the following injuries or conditions:
   31         (a) A maternal death that occurs during delivery or within
   32  42 days after delivery;
   33         (b) The transfer of a maternal patient to a hospital
   34  intensive care unit;
   35         (c) A maternal patient experiencing hemorrhagic shock or
   36  requiring a transfusion of more than 4 units of blood or blood
   37  products;
   38         (d) A fetal or newborn death, including a stillbirth,
   39  associated with an obstetrical delivery;
   40         (e) A transfer of a newborn to a neonatal intensive care
   41  unit due to a traumatic physical or neurological birth injury,
   42  including any degree of a brachial plexus injury;
   43         (f) A transfer of a newborn to a neonatal intensive care
   44  unit within the first 72 hours after birth if the newborn
   45  remains in such unit for more than 72 hours; or
   46         (g) Any other injury as determined by department rule.
   47         (2) Beginning July 1, 2018, a physician licensed under
   48  chapter 458 or chapter 459, a nurse midwife certified under part
   49  I of chapter 464, or a midwife licensed under chapter 467 who
   50  performs an attempted or completed planned out-of-hospital birth
   51  must report an adverse incident, along with a medical summary of
   52  events, to the department within 15 days after the adverse
   53  incident occurs.
   54         (3) The department shall review each incident report and
   55  determine whether the incident involves conduct by a health care
   56  practitioner which is subject to disciplinary action under s.
   57  456.073. Disciplinary action, if any, must be taken by the
   58  appropriate regulatory board or by the department if no such
   59  board exists.
   60         (4) The department shall adopt rules to implement this
   61  section and shall develop a form to be used for the reporting of
   62  adverse incidents.
   63         Section 2. This act shall take effect upon becoming a law.