HOUSE AMENDMENT
                                                   Bill No. HB 475
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on State Administration offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (f) of subsection (2) of section
18  39.201, Florida Statutes, is amended to read:
19         39.201  Mandatory reports of child abuse, abandonment,
20  or neglect; mandatory reports of death; central abuse
21  hotline.--
22         (2)
23         (f)  Reports involving abandoned newborn infants as
24  described in s. 383.50 shall be made and received by the
25  department.
26         1.  If the report is of an abandoned newborn infant as
27  described in s. 383.50 and there is no indication of abuse,
28  neglect, or abandonment of the infant other than that
29  necessarily entailed in the infant having been left at a fire
30  station or hospital, emergency medical services station, or
31  fire station, the department shall provide to the caller the
                                  1
    File original & 9 copies    04/12/01                          
    hsa0005                     03:35 pm         00475-sa  -950629

HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 name of a licensed child-placing agency on a rotating basis 2 from a list of licensed child-placing agencies eligible and 3 required to accept physical custody of and to place newborn 4 infants left at a hospital, emergency medical services 5 station, or a fire station. The report shall not be considered 6 a report of abuse, neglect, or abandonment solely because the 7 infant has been left at a hospital, emergency medical services 8 station, or fire station pursuant to s. 383.50. 9 2. If the caller reports indications of abuse or 10 neglect beyond that necessarily entailed in the infant having 11 been left at a fire station or hospital, emergency medical 12 services station, or fire station, the report shall be 13 considered as a report of abuse, neglect, or abandonment and 14 shall be subject to the requirements of s. 39.395 and all 15 other relevant provisions of this chapter, notwithstanding any 16 provisions of chapter 383. 17 Section 2. Subsections (1) and (4), paragraph (c) of 18 subsection (7), and subsection (10) of section 63.0423, 19 Florida Statutes, are amended to read: 20 63.0423 Procedures with respect to abandoned 21 newborns.-- 22 (1) A licensed child-placing agency that takes 23 physical custody of a newborn infant left at a hospital, 24 emergency medical services station, or a fire station pursuant 25 to s. 383.50, shall assume responsibility for all medical 26 costs and all other costs associated with the emergency 27 services and care of the newborn infant from the time the 28 licensed child-placing agency takes physical custody of the 29 newborn infant. 30 (4) Within 7 days after accepting physical custody of 31 the newborn infant, the licensed child-placing agency shall 2 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 initiate a diligent search to notify and to obtain consent 2 from a parent whose identity or location is unknown, other 3 than the parent who has left a newborn infant at a fire 4 station or a hospital, emergency medical services station, or 5 fire station in accordance with s. 383.50. The diligent search 6 must include, at a minimum, inquiries of all known relatives 7 of the parent, inquiries of all offices or program areas of 8 the department likely to have information about the parent, 9 inquiries of other state and federal agencies likely to have 10 information about the parent, inquiries of appropriate utility 11 and postal providers and inquiries of appropriate law 12 enforcement agencies. Constructive notice must also be 13 provided pursuant to chapter 49 in the county where the 14 newborn infant was left and in the county where the petition 15 to terminate parental rights will be filed. The constructive 16 notice must include at a minimum, available identifying 17 information, and information on whom a parent must contact in 18 order to assert a claim of parental rights of the newborn 19 infant and how to assert that claim. If a parent is identified 20 and located, notice of the adjudicatory hearing shall be 21 provided. If a parent can not be identified or located 22 subsequent to the diligent search and constructive notice, the 23 licensed child-placing agency shall file an affidavit of 24 diligent search at the same time that the petition to 25 terminate parental rights is filed. 26 (7) If a claim of parental rights of a newborn infant 27 is made before the judgment to terminate parental rights is 28 entered, the circuit court shall hold the action for 29 termination of parental rights pending subsequent adoption in 30 abeyance for a period of time not to exceed 60 days. 31 (c) The court may not terminate parental rights solely 3 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 on the basis that the parent left a newborn infant at a 2 hospital, emergency medical services station, or fire station 3 in accordance with s. 383.50. 4 (10) Except to the extent expressly provided in this 5 section, proceedings initiated by a licensed child-placing 6 agency for the termination of parental rights and subsequent 7 adoption of a newborn left at a hospital, emergency medical 8 services station, or a fire station in accordance with s. 9 383.50 shall be conducted pursuant to this chapter 63. 10 Section 3. Subsections (2) and (3) of section 232.465, 11 Florida Statutes, are amended to read: 12 232.465 Provision of medical services; restrictions.-- 13 (2) Nonmedical assistive personnel shall be allowed to 14 perform health-related services upon successful completion of 15 child-specific training by a registered nurse or advanced 16 registered nurse practitioner licensed under chapter 464, a 17 licensed practical nurse, a physician licensed pursuant to 18 chapter 458 or chapter 459, or a physician assistant licensed 19 pursuant to chapter 458 or chapter 459. All procedures shall 20 be monitored periodically by a the nurse, advanced registered 21 nurse practitioner, physician assistant, or physician. Those 22 procedures include, but are not limited to: 23 (a) Cleaning Intermittent clean catheterization. 24 (b) Gastrostomy tube feeding. 25 (c) Monitoring blood glucose. 26 (d) Administering emergency injectable medication. 27 (3) For all other invasive medical services not listed 28 in this section subsection (1) or subsection (2), a registered 29 nurse or advanced registered nurse practitioner licensed under 30 chapter 464, a licensed practical nurse, a physician licensed 31 pursuant to chapter 458 or chapter 459, or a physician 4 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 assistant licensed pursuant to chapter 458 or chapter 459 2 shall determine if nonmedical school district personnel shall 3 be allowed to perform such service. 4 Section 4. Subsection (11) is added to section 5 381.0056, Florida Statutes, to read: 6 381.0056 School health services program.-- 7 (11) School health programs funded by health care 8 districts or entities defined in subsection (3) must be 9 supplementary to and consistent with the requirements of this 10 section and ss. 381.0057 and 381.0059. 11 Section 5. Section 381.0059, Florida Statutes, is 12 amended to read: 13 381.0059 Background screening requirements for school 14 health services personnel.-- 15 (1)(a) Pursuant to the provisions of chapter 435, any 16 person who provides services under a school health services 17 plan pursuant to s. 381.0056 must meet complete level 2 18 screening requirements as described in s. 435.04 as provided 19 in chapter 435. A person may satisfy the requirements of this 20 subsection by submitting proof of compliance with the 21 requirements of level 2 screening under s. 435.04, conducted 22 within 12 months before the date that person initially 23 provides services under a school health services plan pursuant 24 to s. 381.0056. 25 (2) A person may provide Any person who provides 26 services under a school health services plan pursuant to s. 27 381.0056 prior to the completion of level 2 screening. 28 However, shall be on probationary status pending the results 29 of the level 2 screening, such person may not be alone with a 30 minor. 31 (b) In order to conduct level 2 screening, any person 5 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 who provides services under a school health services plan 2 pursuant to s. 381.0056 must furnish to the Department of 3 Health a full set of fingerprints to enable the department to 4 conduct a criminal background investigation. Each person who 5 provides services under a school health services plan pursuant 6 to s. 381.0056 must file a complete set of fingerprints taken 7 by an authorized law enforcement officer and must provide 8 sufficient information for a statewide criminal records 9 correspondence check through the Florida Department of Law 10 Enforcement. The Department of Health shall submit the 11 fingerprints to the Florida Department of Law Enforcement for 12 a statewide criminal history check, and the Florida Department 13 of Law Enforcement shall forward the fingerprints to the 14 Federal Bureau of Investigation for a national criminal 15 history check. 16 (c) The person subject to the required background 17 screening or his or her employer must pay the fees required to 18 obtain the background screening. Payment for the screening 19 must be submitted to the Department of Health. The Florida 20 Department of Law Enforcement shall charge the Department of 21 Health for a level 2 screening at a rate sufficient to cover 22 the costs of such screening pursuant to s. 943.053(3). The 23 Department of Health shall establish a schedule of fees to 24 cover the costs of the level 2 screening. The applicant or his 25 or her employer who pays for the required screening may be 26 reimbursed by the Department of Health from funds designated 27 for this purpose. 28 (2)(a) When the Department of Health has reasonable 29 cause to believe that grounds exist for the disqualification 30 of any person providing services under a school health 31 services plan pursuant to s. 381.0056, as a result of 6 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 background screening, it shall notify the person in writing, 2 stating the specific record that indicates noncompliance with 3 the level 2 screening standards. The Department of Health must 4 disqualify any person from providing services under a school 5 health services plan pursuant to s. 381.0056 if the department 6 finds that the person is not in compliance with the level 2 7 screening standards. A person who provides services under a 8 school health plan pursuant to s. 381.0056 on a probationary 9 status and who is disqualified because of the results of his 10 or her background screening may contest that disqualification. 11 (3)(b) As provided in s. 435.07, the Department of 12 Health may grant an exemption from disqualification to provide 13 a person providing services under a school health services 14 plan pursuant to s. 381.0056 who has not received a 15 professional license or certification from the Department of 16 Health. 17 (c) As provided in s. 435.07, the Department of Health 18 may grant an exemption from disqualification to a person 19 providing services under a school health services plan 20 pursuant to s. 381.0056 who has received a professional 21 license or certification from the Department of Health. 22 (3) Any person who is required to undergo the 23 background screening to provide services under a school health 24 plan pursuant to s. 381.0056 who refuses to cooperate in such 25 screening or refuses to submit the information necessary to 26 complete the screening, including fingerprints, shall be 27 disqualified for employment or volunteering in such position 28 or, if employed, shall be dismissed. 29 (4) Under penalty of perjury, each person who provides 30 services under a school health plan pursuant to s. 381.0056 31 must attest to meeting the level 2 screening requirements for 7 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 participation under the plan and agree to inform his or her 2 employer the Department of Health immediately if convicted of 3 any disqualifying offense while providing services under a 4 school health services plan pursuant to s. 381.0056. 5 (5) As used in this section, the term "person who 6 provides services under a school health services plan" 7 includes unpaid volunteers, except for does not include an 8 unpaid volunteer who lectures students in group settings on 9 health education topics. 10 Section 6. Paragraph (d) of subsection (4) and 11 subsection (6) of section 381.026, Florida Statutes, are 12 amended to read: 13 381.026 Florida Patient's Bill of Rights and 14 Responsibilities.-- 15 (4) RIGHTS OF PATIENTS.--Each health care facility or 16 provider shall observe the following standards: 17 (d) Access to health care.-- 18 1. A patient has the right to impartial access to 19 medical treatment or accommodations, regardless of race, 20 national origin, religion, physical handicap, or source of 21 payment. 22 2. A patient has the right to treatment for any 23 emergency medical condition that will deteriorate from failure 24 to provide such treatment. 25 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.--Any 26 health care provider who treats a patient in an office or any 27 health care facility licensed under chapter 395 that provides 28 emergency services and care or outpatient services and care to 29 a patient, or admits and treats a patient, shall adopt and 30 make available to the patient, in writing, a statement of the 31 rights and responsibilities of patients, including the 8 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 following: 2 3 SUMMARY OF THE FLORIDA PATIENT'S BILL 4 OF RIGHTS AND RESPONSIBILITIES 5 6 Florida law requires that your health care provider or 7 health care facility recognize your rights while you are 8 receiving medical care and that you respect the health care 9 provider's or health care facility's right to expect certain 10 behavior on the part of patients. You may request a copy of 11 the full text of this law from your health care provider or 12 health care facility. A summary of your rights and 13 responsibilities follows: 14 A patient has the right to be treated with courtesy and 15 respect, with appreciation of his or her individual dignity, 16 and with protection of his or her need for privacy. 17 A patient has the right to a prompt and reasonable 18 response to questions and requests. 19 A patient has the right to know who is providing 20 medical services and who is responsible for his or her care. 21 A patient has the right to know what patient support 22 services are available, including whether an interpreter is 23 available if he or she does not speak English. 24 A patient has the right to know what rules and 25 regulations apply to his or her conduct. 26 A patient has the right to be given by the health care 27 provider information concerning diagnosis, planned course of 28 treatment, alternatives, risks, and prognosis. 29 A patient has the right to refuse any treatment, except 30 as otherwise provided by law. 31 A patient has the right to be given, upon request, full 9 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 information and necessary counseling on the availability of 2 known financial resources for his or her care. 3 A patient who is eligible for Medicare has the right to 4 know, upon request and in advance of treatment, whether the 5 health care provider or health care facility accepts the 6 Medicare assignment rate. 7 A patient has the right to receive, upon request, prior 8 to treatment, a reasonable estimate of charges for medical 9 care. 10 A patient has the right to receive a copy of a 11 reasonably clear and understandable, itemized bill and, upon 12 request, to have the charges explained. 13 A patient has the right to impartial access to medical 14 treatment or accommodations, regardless of race, national 15 origin, religion, physical handicap, or source of payment. 16 A patient has the right to treatment for any emergency 17 medical condition that will deteriorate from failure to 18 provide treatment. 19 A patient has the right to know if medical treatment is 20 for purposes of experimental research and to give his or her 21 consent or refusal to participate in such experimental 22 research. 23 A patient has the right to express grievances regarding 24 any violation of his or her rights, as stated in Florida law, 25 through the grievance procedure of the health care provider or 26 health care facility which served him or her and to the 27 appropriate state licensing agency. 28 A patient is responsible for providing to the health 29 care provider, to the best of his or her knowledge, accurate 30 and complete information about present complaints, past 31 illnesses, hospitalizations, medications, and other matters 10 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 relating to his or her health. 2 A patient is responsible for reporting unexpected 3 changes in his or her condition to the health care provider. 4 A patient is responsible for reporting to the health 5 care provider whether he or she comprehends a contemplated 6 course of action and what is expected of him or her. 7 A patient is responsible for following the treatment 8 plan recommended by the health care provider. 9 A patient is responsible for keeping appointments and, 10 when he or she is unable to do so for any reason, for 11 notifying the health care provider or health care facility. 12 A patient is responsible for his or her actions if he 13 or she refuses treatment or does not follow the health care 14 provider's instructions. 15 A patient is responsible for assuring that the 16 financial obligations of his or her health care are fulfilled 17 as promptly as possible. 18 A patient is responsible for following health care 19 facility rules and regulations affecting patient care and 20 conduct. 21 Section 7. Subsections (6) and (10) of section 22 382.003, Florida Statutes, are amended to read: 23 382.003 Powers and duties of the department.--The 24 department may: 25 (6) Investigate cases of irregularity or violation of 26 law, and all local registrars of vital statistics shall aid 27 the department in such investigations. When necessary, the 28 department shall report cases of violations of any of the 29 provisions of this chapter to the state attorney having charge 30 of the prosecution of misdemeanors in the registration 31 district in which the violation occurs. 11 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 (10) Accept, use, and produce all records, reports, 2 and documents necessary for carrying out the provisions of 3 this chapter, in paper or electronic form, and adopt, 4 promulgate, and enforce all rules necessary for the 5 acceptance, use, production creation, issuance, recording, 6 maintenance, and processing of such vital records, reports, 7 and documents, and for carrying out the provisions of ss. 8 382.004-382.0135 and ss. 382.016-382.019. 9 Section 8. Subsections (1) and (2) of section 382.004, 10 Florida Statutes, are amended to read: 11 382.004 Reproduction and destruction of records.-- 12 (1) The department is authorized to photograph, 13 microphotograph, reproduce on film, or reproduce by electronic 14 means vital records in such a manner that the data on each 15 page are in exact conformity with the original record. 16 (2) The department is authorized to destroy any of the 17 original vital records after they have been photographed or 18 reproduced in exact conformity with the original record and 19 after approval for destruction in accordance with chapter 257. 20 Section 9. Paragraph (c) of subsection (2) of section 21 382.013, Florida Statutes, is amended to read: 22 382.013 Birth registration.--A certificate for each 23 live birth that occurs in this state shall be filed within 5 24 days after such birth with the local registrar of the district 25 in which the birth occurred and shall be registered by the 26 local registrar if the certificate has been completed and 27 filed in accordance with this chapter and adopted rules. The 28 information regarding registered births shall be used for 29 comparison with information in the state case registry, as 30 defined in chapter 61. 31 (2) PATERNITY.-- 12 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 (c) If the mother is not married at the time of the 2 birth, the name of the father may not be entered on the birth 3 certificate without the execution of an a consenting affidavit 4 signed by both the mother and the person to be named as the 5 father. The facility shall give After giving notice orally or 6 through the use of video or audio equipment, and in writing, 7 of the alternatives to, the legal consequences of, and the 8 rights, including, if one parent is a minor, any rights 9 afforded due to minority status, and responsibilities that 10 arise from signing an acknowledgment of paternity, the 11 facility shall provide the mother and the person to be named 12 as the father with the affidavit, as well as information 13 provided by the Title IV-D agency established pursuant to s. 14 409.2557, regarding the benefits of voluntary establishment of 15 paternity. Upon request of the mother and the person to be 16 named as the father, the facility shall assist in the 17 execution of the affidavit or a notarized voluntary 18 acknowledgement of paternity. 19 Section 10. Section 382.016, Florida Statutes, is 20 amended to read: 21 382.016 Amendment of records.-- 22 (1) The department, upon receipt of the fee prescribed 23 in s. 382.0255;, documentary evidence, as specified by rule, 24 of any misstatement, error, or omission occurring in any 25 birth, death, or fetal death record; as may be required by 26 department rule, and an affidavit setting forth the changes to 27 be made, shall amend or replace the original certificate as 28 necessary. However, except for a misspelling or an omission on 29 a death certificate with regard to the name of the surviving 30 spouse, the department may not change the name of the 31 surviving spouse on the certificate except by order of a court 13 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 of competent jurisdiction. 2 (1)(2) CERTIFICATE OF LIVE BIRTH AMENDMENT.-- 3 (a) Until a child's first birthday, the child's given 4 name or surname may be amended upon receipt of the fees 5 prescribed in s. 382.0255 and an affidavit signed by each 6 parent named on the original birth certificate or by the 7 registrant's guardian. If both parents are named on the 8 certificate but both are not willing or available to sign the 9 affidavit, the registrant's name may only be amended by court 10 order. 11 (b)(3) Upon written request and receipt of an 12 affidavit or notarized voluntary acknowledgement of paternity 13 signed by the mother and father acknowledging the paternity of 14 a registrant born out of wedlock, together with sufficient 15 information to identify the original certificate of live 16 birth, the department shall prepare a new birth certificate, 17 which shall bear the same file number as the original birth 18 certificate. The names and identifying information of the 19 parents shall be entered as of the date of the registrant's 20 birth. The surname of the registrant may be changed from that 21 shown on the original birth certificate at the request of the 22 mother and father of the registrant, or the registrant if of 23 legal age. If the mother and father marry each other at any 24 time after the registrant's birth, the department shall, upon 25 the request of the mother and father or registrant if of legal 26 age and proof of the marriage, amend the certificate with 27 regard to the parents' marital status as though the parents 28 were married at the time of birth. 29 (4) When a new certificate of birth is prepared 30 pursuant to subsection (3), The department shall substitute 31 the new certificate of birth for the original certificate on 14 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 file. All copies of the original certificate of live birth in 2 the custody of a local registrar or other state custodian of 3 vital records shall be forwarded to the State Registrar. 4 Thereafter, when a certified copy of the certificate of birth 5 or portion thereof is issued, it shall be a copy of the new 6 certificate of birth or portion thereof, except when a court 7 order requires issuance of a certified copy of the original 8 certificate of birth. The department shall place the original 9 certificate of birth and all papers pertaining thereto under 10 seal, not to be broken except by order of a court of competent 11 jurisdiction or as otherwise provided by law. 12 (c)(5) If a father's name is listed on the birth 13 certificate, the birth certificate may only be amended to 14 remove the father's name or to add a different father's name 15 upon court order. If a change in the registrant's surname is 16 also desired, such change must be included in the court order 17 or the name must be changed pursuant to s. 68.07. 18 (2) CERTIFICATE OF DEATH AMENDMENTS.--Except for a 19 misspelling or an omission on a death certificate with regard 20 to the name of the surviving spouse, the department may not 21 change the name of a surviving spouse on the certificate 22 except by order of a court of competent jurisdiction. 23 Section 11. Paragraph (h) of subsection (1) of section 24 382.0255, Florida Statutes, is amended to read: 25 382.0255 Fees.-- 26 (1) The department is entitled to fees, as follows: 27 (h) Not less than 5 cents or more than 10 cents for 28 each data vital record listed on electronic media plus a 29 reasonable charge for the cost of preparation, as established 30 defined by department rule. 31 Section 12. Paragraph (c) of subsection (3) of section 15 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 383.402, Florida Statutes, is amended to read: 2 383.402 Child abuse death review; State Child Abuse 3 Death Review Committee; local child abuse death review 4 committees.-- 5 (3) The State Child Abuse Death Review Committee 6 shall: 7 (c) Prepare an annual statistical report on the 8 incidence and causes of death resulting from child abuse in 9 the state during the prior calendar year. The state committee 10 shall submit a copy of the report by December 31 September 30 11 of each year to the Governor, the President of the Senate, and 12 the Speaker of the House of Representatives, with the first 13 annual report due on September 30, 2000. The report must 14 include recommendations for state and local action, including 15 specific policy, procedural, regulatory, or statutory changes, 16 and any other recommended preventive action. 17 Section 13. Paragraph (b) of subsection (1) of section 18 383.14, Florida Statutes, is amended to read: 19 383.14 Screening for metabolic disorders, other 20 hereditary and congenital disorders, and environmental risk 21 factors.-- 22 (1) SCREENING REQUIREMENTS.--To help ensure access to 23 the maternal and child health care system, the Department of 24 Health shall promote the screening of all infants born in 25 Florida for phenylketonuria and other metabolic, hereditary, 26 and congenital disorders known to result in significant 27 impairment of health or intellect, as screening programs 28 accepted by current medical practice become available and 29 practical in the judgment of the department. The department 30 shall also promote the identification and screening of all 31 infants born in this state and their families for 16 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 environmental risk factors such as low income, poor education, 2 maternal and family stress, emotional instability, substance 3 abuse, and other high-risk conditions associated with 4 increased risk of infant mortality and morbidity to provide 5 early intervention, remediation, and prevention services, 6 including, but not limited to, parent support and training 7 programs, home visitation, and case management. 8 Identification, perinatal screening, and intervention efforts 9 shall begin prior to and immediately following the birth of 10 the child by the attending health care provider. Such efforts 11 shall be conducted in hospitals, perinatal centers, county 12 health departments, school health programs that provide 13 prenatal care, and birthing centers, and reported to the 14 Office of Vital Statistics. 15 (b) Postnatal screening.--A risk factor analysis using 16 the department's designated risk assessment instrument shall 17 also be conducted as part of the medical screening process 18 upon the birth of a child and submitted to the department's 19 Office of Vital Statistics for recording and other purposes 20 provided for in this chapter. The department's screening 21 process for risk assessment shall include a scoring mechanism 22 and procedures that establish thresholds for notification, 23 further assessment, referral, and eligibility for services by 24 professionals or paraprofessionals consistent with the level 25 of risk. Procedures for developing and using the screening 26 instrument, notification, referral, and care coordination 27 services, reporting requirements, management information, and 28 maintenance of a computer-driven registry in the Office of 29 Vital Statistics which ensures privacy safeguards must be 30 consistent with the provisions and plans established under 31 chapter 411, Pub. L. No. 99-457, and this chapter. Procedures 17 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 established for reporting information and maintaining a 2 confidential registry must include a mechanism for a 3 centralized information depository at the state and county 4 levels. The department shall coordinate with existing risk 5 assessment systems and information registries. The department 6 must ensure, to the maximum extent possible, that the 7 screening information registry is integrated with the 8 department's automated data systems, including the Florida 9 On-line Recipient Integrated Data Access (FLORIDA) system. 10 Tests and screenings must be performed by the State Public 11 Health Laboratory, in coordination with Children's Medical 12 Services, at such times and in such manner as is prescribed by 13 the department after consultation with the Genetics and Infant 14 Screening Advisory Council and the State Coordinating Council 15 for School Readiness Programs. 16 Section 14. Subsections (1), (3), (5), (6), and (9) of 17 section 383.50, Florida Statutes, are amended to read: 18 383.50 Treatment of abandoned newborn infant.-- 19 (1) As used in this section, the term "newborn infant" 20 means a child that a licensed physician reasonably believes to 21 be approximately 3 days old or younger at the time the child 22 is left at a hospital, emergency medical services station, or 23 a fire station. 24 (3) Each emergency medical services station or fire 25 station staffed with full-time firefighters, or emergency 26 medical technicians, or paramedics shall accept any newborn 27 infant left with a firefighter, or emergency medical 28 technician, or paramedic. The firefighter, emergency medical 29 technician, or paramedic fire station shall consider these 30 actions as implied consent to and shall: 31 (a) Provide emergency medical services to the newborn 18 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 infant to the extent he or she is trained to provide those 2 services, and 3 (b) Arrange for the immediate transportation of the 4 newborn infant to the nearest hospital having with emergency 5 services. 6 7 A licensee as defined in s. 401.23, a fire department, or an 8 employee or agent of a licensee or fire department may treat 9 and transport a newborn infant pursuant to this section. If a 10 newborn infant is placed in the physical custody of an 11 employee or agent of a licensee or fire department, such 12 placement shall be considered implied consent for treatment 13 and transport. A licensee, a fire department, or an employee 14 or agent of a licensee or fire department Any firefighter or 15 emergency medical technician accepting or providing emergency 16 medical services to a newborn infant pursuant to this 17 subsection is immune from criminal or civil liability for 18 acting in good faith pursuant to this section having performed 19 the act. Nothing in this subsection limits liability for 20 negligence. 21 (5) Except where there is actual or suspected child 22 abuse or neglect, any parent who leaves a newborn infant with 23 a firefighter, or emergency medical technician, or paramedic 24 at a fire station or emergency medical services station, or 25 brings a newborn infant to an emergency room of a hospital and 26 expresses an intent to leave the newborn infant and not 27 return, has the absolute right to remain anonymous and to 28 leave at any time and may not be pursued or followed unless 29 the parent seeks to reclaim the newborn infant. 30 (6) A parent of a newborn infant left at a hospital, 31 emergency medical services station, or a fire station under 19 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 this section may claim his or her newborn infant up until the 2 court enters a judgment terminating his or her parental 3 rights. A claim to of parental rights of the newborn infant 4 must be made to the entity having physical or legal custody of 5 the newborn infant or to the circuit court before whom 6 proceedings involving the newborn infant are pending. 7 (9) A newborn infant left at a fire station or a 8 hospital, emergency medical services station, or fire station 9 in accordance with this section shall not be deemed abandoned 10 and subject to reporting and investigation requirements under 11 s. 39.201 unless there is actual or suspected child abuse or 12 until the department takes physical custody of the child. 13 Section 15. Section 391.037, Florida Statutes, is 14 created to read: 15 391.037 Physicians; private-sector services.--It is 16 not a violation of s. 112.313(7) for a physician licensed 17 under chapter 458 or chapter 459 who is providing 18 private-sector services to clients of the department or who is 19 employed by or has a contractual relationship with any 20 business entity or agency that is a contract provider for the 21 department to also be employed by the department to provide 22 services under this chapter or chapter 39 if: 23 (1) The physician does not enter into contracts with 24 the department on behalf of any business entity or agency with 25 whom the physician is employed or has an employment or 26 contractual relationship. 27 (2) The physician's private-sector employment or 28 contractual relationship does not create a conflict between 29 the physician's private-sector interests and public duties or 30 impede the full and faithful discharge of the physician's 31 public duties as an employee of the department. 20 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 (3) The physician's employment with the department 2 does not compromise the ability of department clients to make 3 a voluntary choice among department-referred physicians and 4 private providers for their medical services. 5 Section 16. Paragraph (b) of subsection (2) of section 6 401.113, Florida Statutes, is amended to read: 7 401.113 Department; powers and duties.-- 8 (2) The department shall annually dispense funds 9 contained in the Emergency Medical Services Trust Fund as 10 follows: 11 (b) Forty percent of such moneys must be used by the 12 department for making matching grants to local agencies, 13 municipalities, and emergency medical services organizations 14 for the purpose of conducting research, increasing existing 15 levels of emergency medical services, evaluation, community 16 education, injury prevention programs, and training in 17 cardiopulmonary resuscitation and other lifesaving and first 18 aid techniques. 19 1. At least 90 percent of these moneys must be made 20 available on a cash matching basis. A grant made under this 21 subparagraph must be contingent upon the recipient providing a 22 cash sum equal to 25 percent of the total department-approved 23 grant amount. 24 2. No more than 10 percent of these moneys must be 25 made available to rural emergency medical services, and 26 notwithstanding the restrictions specified in subsection (1), 27 these moneys may be used for improvement, expansion, or 28 continuation of services provided. A grant made under this 29 subparagraph must be contingent upon the recipient providing a 30 cash sum equal to no more than 10 percent of the total 31 department-approved grant amount. 21 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 2 The department shall develop procedures and standards for 3 grant disbursement under this paragraph based on the need for 4 emergency medical services, the requirements of the population 5 to be served, and the objectives of the state emergency 6 medical services plan. 7 Section 17. Subsections (4) and (5) of section 401.27, 8 Florida Statutes, are amended to read: 9 401.27 Personnel; standards and certification.-- 10 (4) An applicant for certification or recertification 11 as an emergency medical technician or paramedic must: 12 (a) Have completed an appropriate training course as 13 follows: 14 1. For an emergency medical technician, an emergency 15 medical technician training course equivalent to the most 16 recent emergency medical technician basic training course of 17 the United States Department of Transportation as approved by 18 the department; 19 2. For a paramedic, a paramedic training program 20 equivalent to the most recent paramedic course of the United 21 States Department of Transportation as approved by the 22 department; 23 (b) Certify under oath that he or she is not addicted 24 to alcohol or any controlled substance; 25 (c) Certify under oath that he or she is free from any 26 physical or mental defect or disease that might impair the 27 applicant's ability to perform his or her duties; 28 (d) Within 1 year after course completion have passed 29 an examination developed or required by the department; 30 (e)1. For an emergency medical technician, hold either 31 a current American Heart Association cardiopulmonary 22 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 resuscitation course card or an American Red Cross 2 cardiopulmonary resuscitation course card or its equivalent as 3 defined by department rule; 4 2. For a paramedic, hold a certificate of successful 5 course completion in advanced cardiac life support from the 6 American Heart Association or its equivalent as defined by 7 department rule; 8 (f) Submit the certification fee and the nonrefundable 9 examination fee prescribed in s. 401.34, which examination fee 10 will be required for each examination administered to an 11 applicant; and 12 (g) Submit a completed application to the department, 13 which application documents compliance with paragraphs (a), 14 (b), (c), (e), (f), (g), and, if applicable, (d). The 15 application must be submitted so as to be received by the 16 department at least 30 calendar days before the next regularly 17 scheduled examination for which the applicant desires to be 18 scheduled. 19 (5) The certification examination must be offered 20 monthly. The department shall issue an examination admission 21 notice to the applicant advising him or her of the time and 22 place of the examination for which he or she is scheduled. 23 Individuals achieving a passing score on the certification 24 examination may be issued a temporary certificate with their 25 examination grade report. The department must issue an 26 original certification within 45 days after the examination. 27 Examination questions and answers are not subject to discovery 28 but may be introduced into evidence and considered only in 29 camera in any administrative proceeding under chapter 120. If 30 an administrative hearing is held, the department shall 31 provide challenged examination questions and answers to the 23 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 administrative law judge. The department shall establish by 2 rule the procedure by which an applicant, and the applicant's 3 attorney, may review examination questions and answers in 4 accordance with s. 119.07(3)(a). 5 Section 18. Subsection (2) of section 404.056, Florida 6 Statutes, is repealed, and present subsections (5) and (7) of 7 said section are renumbered as subsections (4) and (6), 8 respectively, and amended to read: 9 404.056 Environmental radiation standards and 10 programs; radon protection.-- 11 (4)(5) MANDATORY TESTING.--All public and private 12 school buildings or school sites housing students in 13 kindergarten through grade 12; all state-owned, 14 state-operated, state-regulated, or state-licensed 24-hour 15 care facilities; and all state-licensed day care centers for 16 children or minors which are located in counties designated 17 within the Department of Community Affairs' Florida Radon 18 Protection Map Categories as "Intermediate" or "Elevated Radon 19 Potential" shall be measured to determine the level of indoor 20 radon, using measurement procedures established by the 21 department. Testing shall be completed within the first year 22 of construction in 20 percent of the habitable first floor 23 spaces within any of the regulated buildings. Initial 24 measurements shall be completed and reported to the department 25 by July 1 of the year the building is opened for occupancy. 26 Followup testing must be completed in 5 percent of the 27 habitable first floor spaces within any of the regulated 28 buildings after the building has been occupied for 5 years, 29 and results must be reported to the department by July 1 of 30 the 5th year of occupancy. After radon measurements have been 31 made twice, regulated buildings need not undergo further 24 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 testing unless significant structural changes occur. Where 2 fill soil is required for the construction of a regulated 3 building, initial testing of fill soil must be performed using 4 measurement procedures established by the department, and the 5 results must be reported to the department prior to 6 construction. No funds collected pursuant to s. 553.721 shall 7 be used to carry out the provisions of this subsection. 8 (6)(7) RULES.--The department shall have the authority 9 to promulgate rules necessary to carry out the provisions of 10 this section, including the definition of terms. 11 Section 19. Subsections (1) and (3) of section 742.10, 12 Florida Statutes, are amended to read: 13 742.10 Establishment of paternity for children born 14 out of wedlock.-- 15 (1) This chapter provides the primary jurisdiction and 16 procedures for the determination of paternity for children 17 born out of wedlock. When the establishment of paternity has 18 been raised and determined within an adjudicatory hearing 19 brought under the statutes governing inheritance, or 20 dependency under workers' compensation or similar compensation 21 programs, or when an affidavit acknowledging paternity or a 22 stipulation of paternity is executed by both parties and filed 23 with the clerk of the court, or when an a consenting affidavit 24 or notarized voluntary acknowledgement of paternity as 25 provided for in s. 382.013 or s. 382.016 is executed by both 26 parties, it shall constitute the establishment of paternity 27 for purposes of this chapter. If no adjudicatory proceeding 28 was held, a notarized voluntary acknowledgment of paternity 29 shall create a rebuttable presumption, as defined by s. 30 90.304, of paternity and is subject to the right of any 31 signatory to rescind the acknowledgment within 60 days of the 25 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 date the acknowledgment was signed or the date of an 2 administrative or judicial proceeding relating to the child, 3 including a proceeding to establish a support order, in which 4 the signatory is a party, whichever is earlier. Both parents 5 are required to provide their social security numbers on any 6 acknowledgment of paternity, consent affidavit, or stipulation 7 of paternity. Except for consenting affidavits under seal 8 pursuant to ss. 382.015 and 382.016, the Office of Vital 9 Statistics shall provide certified copies of affidavits to the 10 Title IV-D agency upon request. 11 (3) The department shall adopt rules which establish 12 the information which must be provided to an individual prior 13 to execution of an a consenting affidavit or voluntary 14 acknowledgment of paternity. The information shall explain the 15 alternatives to, the legal consequences of, and the rights, 16 including, if one parent is a minor, any rights afforded due 17 to minority status, and responsibilities that arise from 18 acknowledging paternity. 19 Section 20. Paragraph (b) of subsection (1) and 20 paragraph (a) of subsection (2) of section 743.0645, Florida 21 Statutes, are amended to read: 22 743.0645 Other persons who may consent to medical care 23 or treatment of a minor.-- 24 (1) As used in this section, the term: 25 (b) "Medical care and treatment" includes ordinary and 26 necessary medical and dental examination and treatment, 27 including blood testing, preventive care including ordinary 28 immunizations, tuberculin testing, and well-child care, but 29 does not include surgery, general anesthesia, provision of 30 psychotropic medications, or other extraordinary procedures 31 for which a separate court order, power of attorney, or 26 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 informed consent as provided by law is required. 2 (2) Any of the following persons, in order of priority 3 listed, may consent to the medical care or treatment of a 4 minor who is not committed to the Department of Children and 5 Family Services or the Department of Juvenile Justice or in 6 their custody under chapter 39, chapter 984, or chapter 985 7 when, after a reasonable attempt, a person who has the power 8 to consent as otherwise provided by law cannot be contacted by 9 the treatment provider and actual notice to the contrary has 10 not been given to the provider by that person: 11 (a) A person who possesses a power of attorney to 12 provide medical consent for the minor. A power of attorney 13 executed after July 1, 2001, to provide medical consent for a 14 minor includes the power to consent to medically necessary 15 surgical and general anesthesia services for the minor unless 16 such services are excluded by the individual executing the 17 power of attorney. 18 19 There shall be maintained in the treatment provider's records 20 of the minor documentation that a reasonable attempt was made 21 to contact the person who has the power to consent. 22 Section 21. Section 827.035, Florida Statutes, is 23 amended to read: 24 827.035 Newborn infants.--It shall not constitute 25 neglect of a child pursuant to s. 827.03 or contributing to 26 the dependency of a child pursuant to s. 827.04, if a parent 27 leaves a newborn infant, as defined in s. 383.50, at a 28 hospital, emergency medical services station, or fire station 29 or brings a newborn infant to an emergency room and expresses 30 an intent to leave the infant and not return, in compliance 31 with s. 383.50. 27 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 Section 22. This act shall take effect July 1, 2001. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 1, line 1, 7 remove from the title of the bill: the entire title 8 9 and insert in lieu thereof: 10 A bill to be entitled 11 An act relating to public health; amending ss. 12 39.201, 63.0423, 383.50, and 827.035, F.S.; 13 expanding the type of personnel and facilities 14 that may accept abandoned newborns; providing 15 implied consent for treatment and transport and 16 certain immunity from liability; amending s. 17 232.465, F.S.; expanding the type of personnel 18 that may supervise nonmedical school district 19 personnel; providing technical corrections; 20 amending s. 381.0056, F.S.; providing 21 requirements for school health programs funded 22 by health care districts or certain health care 23 entities; amending s. 381.0059, F.S.; revising 24 background screening requirements for school 25 health service personnel; amending s. 381.026, 26 F.S., relating to the Florida Patient's Bill of 27 Rights and Responsibilities; replacing 28 references to the term "physical handicap" with 29 the term "handicap"; amending ss. 382.003, 30 382.004, 382.013, 382.016, and 382.0255, F.S.; 31 modifying provisions relating to vital records; 28 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 amending s. 383.14, F.S.; requiring postnatal 2 tests and screenings for infant metabolic 3 disorders to be performed by the State Public 4 Health Laboratory; amending s. 383.402, F.S.; 5 modifying the annual report date for child 6 abuse death reviews; creating s. 391.037, F.S.; 7 providing that the furnishing of medical 8 services by state employees under specified 9 conditions does not constitute a conflict of 10 interest; amending s. 401.113, F.S.; providing 11 for use of funds in the Emergency Medical 12 Services Trust Fund for injury prevention 13 programs; amending s. 401.27, F.S.; authorizing 14 the Department of Health to define by rule the 15 equivalent of cardiopulmonary resuscitation 16 courses for emergency medical technicians and 17 paramedics; exempting emergency medical 18 services examination questions and answers from 19 discovery; providing conditions for 20 introduction in administrative proceedings; 21 requiring the department to establish rules; 22 repealing s. 404.056(2), F.S., relating to the 23 Florida Coordinating Council on Radon 24 Protection; amending s. 404.056, F.S.; deleting 25 an obsolete environmental radiation 26 soil-testing requirement; clarifying rulemaking 27 authority; amending s. 742.10, F.S.; requiring 28 a voluntary acknowledgement of paternity for a 29 child born out of wedlock to be notarized; 30 amending s. 743.0645, F.S., relating to consent 31 to medical care or treatment of a minor; 29 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629
HOUSE AMENDMENT Bill No. HB 475 Amendment No. ___ (for drafter's use only) 1 providing that a power of attorney to provide 2 such consent includes the power to consent to 3 surgical and general anesthesia services; 4 providing an effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 File original & 9 copies 04/12/01 hsa0005 03:35 pm 00475-sa -950629