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.