House Bill hb1467e1

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                                          HB 1467, First Engrossed



  1                      A bill to be entitled

  2         An act relating to child and adult abuse;

  3         requiring hospitals, birthing facilities, or

  4         home birth providers to give to new parents

  5         informational brochures concerning the dangers

  6         of shaking babies and young children; requiring

  7         the Department of Health to prepare the

  8         brochures; prescribing the contents of the

  9         brochures; providing that a cause of action

10         against specified persons and entities does not

11         accrue as a result of failure to give this

12         information; amending ss. 39.204 and 415.1045,

13         F.S.; providing applicability of failure to

14         cooperate with law enforcement with respect to

15         investigation of or privileged communications

16         regarding child or adult abuse; providing an

17         effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  This act may be cited as the "Kimberlin

22  West Act of 2002."

23         Section 2.  Dangers of shaking infants and young

24  children; requirements for distributing brochures.--

25         (1)  Every hospital, birthing facility, and provider of

26  home birth that has maternity and newborn services shall

27  provide to the parents of a newborn, before they take their

28  newborn home from the hospital, or birthing facility, written

29  information with an explanation concerning the dangers of

30  shaking infants and young children. Brochures shall also be

31  provided to infant child care providers.


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                                          HB 1467, First Engrossed



  1         (2)  The Department of Health shall prepare a brochure

  2  that describes the dangers of shaking infants and young

  3  children. The description must include information concerning

  4  the grave effects of shaking infants and young children,

  5  information concerning appropriate ways to manage the causes

  6  that can lead a person to shake infants and young children,

  7  and a discussion of ways to reduce the risks that can lead a

  8  person to shake infants and young children.

  9         (3)  This section does not preclude a hospital,

10  birthing facility, or a home birth provider, from providing

11  the notice required under this section as an addendum to, or

12  in connection with, any other required information.

13         (4)  A cause of action does not accrue against the

14  state or any subdivision or agency thereof, or any hospital

15  birthing facility, or a home birth provider, for failure to

16  give or receive the information required under this section.

17         Section 3.  Section 39.204, Florida Statutes, is

18  amended to read:

19         39.204  Abrogation of privileged communications in

20  cases involving child abuse, abandonment, or neglect.--The

21  privileged quality of communication between husband and wife

22  and between any professional person and his or her patient or

23  client, and any other privileged communication except that

24  between attorney and client or the privilege provided in s.

25  90.505, as such communication relates both to the competency

26  of the witness and to the exclusion of confidential

27  communications, shall not apply to any communication involving

28  the perpetrator or alleged perpetrator in any situation

29  involving known or suspected child abuse, abandonment, or

30  neglect and shall not constitute grounds for failure to report

31  as required by s. 39.201 regardless of the source of the


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                                          HB 1467, First Engrossed



  1  information requiring the report, failure to cooperate with

  2  law enforcement or the department in its activities pursuant

  3  to this chapter, or failure to give evidence in any judicial

  4  proceeding relating to child abuse, abandonment, or neglect.

  5         Section 4.  Subsections (3) and (5) of section

  6  415.1045, Florida Statutes, are amended to read:

  7         415.1045  Photographs, videotapes, and medical

  8  examinations; abrogation of privileged communications;

  9  confidential records and documents.--

10         (3)  ABROGATION OF PRIVILEGED COMMUNICATIONS.--The

11  privileged quality of communication between husband and wife

12  and between any professional and the professional's patient or

13  client, and any other privileged communication except that

14  between attorney and client or clergy and person, as such

15  communication relates to both the competency of the witness

16  and to the exclusion of confidential communications, does not

17  apply to any situation involving known or suspected abuse,

18  neglect, or exploitation of a vulnerable adult and does not

19  constitute grounds for failure to report as required by s.

20  415.1034, for failure to cooperate with law enforcement or the

21  department in its activities under ss. 415.101-415.113, or for

22  failure to give evidence in any judicial or administrative

23  proceeding relating to abuse, neglect, or exploitation of a

24  vulnerable adult.

25         (5)  ACCESS TO RECORDS AND DOCUMENTS.--If any person

26  refuses to allow a law enforcement officer or the protective

27  investigator to have access to, inspect, or copy any medical,

28  social, or financial record or document in the possession of

29  any person, caregiver, guardian, or facility which is relevant

30  to the allegations under investigation, the department may

31  petition the court for an order requiring the person to allow


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                                          HB 1467, First Engrossed



  1  access to the record or document.  The petition must allege

  2  specific facts sufficient to show that the record or document

  3  is relevant to the allegations under investigation and that

  4  the person refuses to allow access to such record or document.

  5  If the court finds by a preponderance of the evidence that the

  6  record or document is relevant to the allegations under

  7  investigation, the court may order the person to allow access

  8  to and permit the inspection or copying of the medical,

  9  social, or financial record or document.

10         Section 5.  This act shall take effect upon becoming a

11  law.

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