Bill Text: FL H1063 | 2010 | Regular Session | Introduced

Bill Title: Infants Born Alive

Spectrum: Partisan Bill (Republican 7-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Regulation Policy (HFPC) [H1063 Detail]

Download: Florida-2010-H1063-Introduced.html
HB 1063
A bill to be entitled
2An act relating to infants born alive; creating s.
3390.01112, F.S.; providing a short title; providing
4definitions; providing that an infant born alive
5subsequent to an abortion is entitled to the same rights,
6powers, and privileges as a child born alive in the course
7of a birth that is not subsequent to an abortion;
8providing a standard of care to be exercised by health
9care practitioners toward such a child; requiring health
10care practitioners to report violations; providing that
11violations may constitute grounds for discipline of health
12care practitioners under a specified provision; providing
13an effective date.
15Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Section 390.01112, Florida Statutes, is created
18to read:
19 390.01112 Born Alive Infant Protection Act.-
20 (1) This section may be cited as the "Born Alive Infant
21Protection Act."
22 (2) As used in this section, the term:
23 (a) "Born alive" means the complete expulsion or
24extraction from his or her mother of a human infant, at any
25stage of development, who after such expulsion or extraction
26breathes or has a beating heart, pulsation of the umbilical
27cord, or definite movement of voluntary muscles, regardless of
28whether the umbilical cord has been cut and regardless of
29whether the expulsion or extraction occurs as a result of
30natural or induced labor, cesarean section, induced abortion, or
31other method.
32 (b) "Health care practitioner" has the same meaning as
33provided in s. 456.001.
34 (3) An infant born alive subsequent to an abortion is
35entitled to the same rights, powers, and privileges as are
36granted by the laws of this state to any other child born alive
37in the course of a birth that is not subsequent to an abortion.
38 (4) If an infant is born alive subsequent to an abortion,
39a health care practitioner present at the time must humanely
40exercise the same level of professional skill, care, and
41diligence to preserve the life and health of the infant as would
42be rendered by a health care practitioner to an infant born
43alive in the course of a birth that is not subsequent to an
45 (5) A health care practitioner with actual knowledge of a
46violation of this section must report the violation to the
48 (6) A violation of this section by a health care
49practitioner shall be considered a violation of s.
51 Section 2. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.