Chapter 383 — Chapter 383
57 sections in this chapter.
Fla. Stat. § 383.011 Administration of maternal and child health programs
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(1) The Department of Health is designated as the state agency for:(a) Administering or providing for maternal and child health services to provide periodic prenatal care for patients who are at low or medium risk of complications during pregnancy and to provide referrals to high…
Fla. Stat. § 383.013 Prenatal care
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The Department of Health shall:(1) Provide a statewide prenatal care program for low-income pregnant women, which includes early, regular prenatal care by practitioners trained in prenatal care and delivery.(2) Provide a risk factor analysis to identify women at risk for a preter…
Fla. Stat. § 383.0131 Pregnancy and parenting resources website
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(1) The Department of Health, in consultation with the Department of Children and Families and the Agency for Health Care Administration, shall maintain a website, distinct from their own websites, which provides information and links to public and private resources for expectant…
Fla. Stat. § 383.014 Perinatal mental health care
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By January 1, 2019, the Department of Health shall offer perinatal mental health care information through the Family Health Line toll-free hotline, accessible to the general public, which:(1) Provides basic information on postpartum depression;(2) May recommend that a caller be f…
Fla. Stat. § 383.015 Breastfeeding
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The breastfeeding of a baby is an important and basic act of nurture which must be encouraged in the interests of maternal and child health and family values, and in furtherance of this goal:(1) A mother may breastfeed her baby in any location, public or private, where the mother…
Fla. Stat. § 383.016 Breastfeeding policy for “baby-friendly” facilities providing maternity services and newborn infant care
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A facility lawfully providing maternity services or newborn infant care may use the designation “baby-friendly” on its promotional materials if the facility has complied with at least 80 percent of the requirements developed by the Department of Health in accordance with UNICEF a…
Fla. Stat. § 383.04 Prophylactic required for eyes of infants
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Every physician, midwife, or other person in attendance at the birth of a child in the state is required to instill or have instilled into the eyes of the baby within 1 hour after birth an effective prophylactic recommended by the Committee on Infectious Diseases of the American …
Fla. Stat. § 383.06 Report of inflammation or discharge in infant’s eyes
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Any person who shall nurse or attend any infant shall report any inflammation or unnatural discharge in the eyes of said child that shall develop within 2 weeks after birth, to the local health officer or licensed physician, which report shall be made within 6 hours.
Fla. Stat. § 383.07 Penalty for violation
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Any person who fails to comply with the provisions of ss. 383.04-383.06 shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.
Fla. Stat. § 383.11 Reports
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The laboratory report on the serological test shall be made on a form to be provided by the Department of Health. In submitting the sample of blood for the test, the physician shall designate that this is a pregnancy test; and the laboratory report shall state that this was a pre…
Fla. Stat. § 383.13 Use of information by department
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The Department of Health shall be authorized to use the information derived from pregnancy serological tests for such followup procedures as are required by law or deemed necessary by said department for the protection of the public health.
Fla. Stat. § 383.14 Screening for metabolic disorders, other hereditary and congenital disorders, and environmental risk factors
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(1) SCREENING REQUIREMENTS.—To help ensure access to the maternal and child health care system, the Department of Health shall promote the screening of all newborns born in Florida for metabolic, hereditary, and congenital disorders known to result in significant impairment of he…
Fla. Stat. § 383.141 Prenatally diagnosed conditions; patient to be provided information; definitions; information clearinghouse; advisory council
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(1) As used in this section, the term:(a) “Down syndrome” means a chromosomal disorder caused by an error in cell division which results in the presence of an extra whole or partial copy of chromosome 21.(b) “Developmental disability” includes Down syndrome and other developmenta…
Fla. Stat. § 383.145 Newborn, infant, and toddler hearing screening
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(1) LEGISLATIVE INTENT.—It is the intent of the Legislature to provide a statewide comprehensive and coordinated interdisciplinary program of early hearing loss screening, identification, and follow-up care for newborns. The goal is to screen all newborns for hearing loss in orde…
Fla. Stat. § 383.146 Infants and toddlers who are deaf or hard of hearing; notice of service providers
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(1) At the time that an audiologist diagnoses an infant or toddler as having a permanent hearing impairment, the audiologist or the audiologist’s designee shall ask the child’s parent or legal guardian if he or she would like to provide contact information to receive direct corre…
Fla. Stat. § 383.147 Sickle cell disease and sickle cell trait registry
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(1) If a newborn as defined in s. 383.145(2) is identified as having sickle cell disease or sickle cell trait through the newborn screening program as described in s. 383.14, the department must:(a) Notify the parent or guardian of the newborn and provide information regarding th…
Fla. Stat. § 383.148 Environmental risk screening
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(1) RISK SCREENING.—To help ensure access to the maternal and child health care system, the Department of Health shall promote the screening of all pregnant women and infants in this state for environmental risk factors, such as low income, poor education, maternal and family str…
Fla. Stat. § 383.15 Legislative intent; perinatal intensive care services
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The Legislature finds that many perinatal diseases and disabilities have debilitating, costly, and often fatal consequences if left untreated. Many of these debilitating conditions could be prevented or ameliorated if services were available to the public through a regional perin…
Fla. Stat. § 383.16 Definitions; ss. 383.15-383.19
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As used in ss. 383.15-383.19, the term:(1) “Department” means the Department of Health.(2) “Regional perinatal intensive care center” or “center” means a unit designated by the department, located within a hospital, and specifically designed to provide a full range of health serv…
Fla. Stat. § 383.17 Regional perinatal intensive care centers program; authority
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The department may contract with health care providers in establishing and maintaining centers in accordance with ss. 383.15-383.19. The cost of administering the regional perinatal intensive care centers program shall be paid by the department from funds appropriated for this pu…
Fla. Stat. § 383.18 Contracts; conditions
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Participation in the regional perinatal intensive care centers program under ss. 383.15-383.19 is contingent upon the department entering into a contract with a provider. The contract shall provide that patients will receive services from the center and that parents or guardians …
Fla. Stat. § 383.19 Standards; funding; ineligibility
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(1) The department shall adopt rules that specify standards for development and operation of a center which include, but are not limited to:(a) The need to provide services through a regional perinatal intensive care center and the requirements of the population to be served.(b) …
Fla. Stat. § 383.216 Community-based prenatal and infant health care
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(1) The Department of Health shall cooperate with localities which wish to establish prenatal and infant health care coalitions, and shall acknowledge and incorporate, if appropriate, existing community children’s services organizations, pursuant to this section within the resour…
Fla. Stat. § 383.2161 Maternal and child health report
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The Department of Health shall annually compile and analyze the risk information collected by the Office of Vital Statistics and the district prenatal and infant care coalitions and shall maintain county and statewide data on:(1) The number of families identified as families at p…
Fla. Stat. § 383.2162 Black infant health practice initiative
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(1) LEGISLATIVE INTENT.—It is the intent of the Legislature to create a black infant health practice initiative. The initiative shall include reviews of infant mortality in select counties in this state in order to identify factors in the health and social services systems contri…
Fla. Stat. § 383.21625 Fetal and infant mortality review committees
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(1) As used in this section, the term “department” means the Department of Health.(2) The department shall contract with local healthy start coalitions for the creation of fetal and infant mortality review committees in all regions of the state to improve fetal and infant mortali…
Fla. Stat. § 383.2163 Telehealth Minority Maternity Care Program
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The department shall establish a statewide Telehealth Minority Maternity Care Program that uses telehealth to expand the capacity for positive maternal health outcomes in racial and ethnic minority populations. The department may enlist county health departments to assist with pr…
Fla. Stat. § 383.30 Birth Center Licensure Act; short title
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Sections 383.30-383.332 shall be known and may be cited as the “Birth Center Licensure Act.”
Fla. Stat. § 383.301 Licensure and regulation of birth centers; legislative intent
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It is the intent of the Legislature to provide for the protection of public health and safety in the establishment, maintenance, and operation of birth centers by providing for licensure of birth centers and for the development, establishment, and enforcement of minimum standards…
Fla. Stat. § 383.302 Definitions of terms used in ss. 383.30-383.332
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As used in ss. 383.30-383.332, the term:(1) “Advanced birth center” means a licensed birth center designated as an advanced birth center which may perform trial of labor after cesarean deliveries for screened patients who qualify; planned low-risk cesarean deliveries; and anticip…
Fla. Stat. § 383.305 Licensure; fees
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(1) In accordance with s. 408.805, an applicant or a licensee shall pay a fee for each license application submitted under ss. 383.30-383.332 and part II of chapter 408. The amount of the fee shall be established by rule.(2) Each applicant for licensure and each licensee must com…
Fla. Stat. § 383.307 Administration of birth center
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(1) Each birth center shall have a governing body which is responsible for the overall operation and maintenance of the birth center.(a) The governing body shall develop and display a table of organization which shows the structure of the birth center and identifies the governing…
Fla. Stat. § 383.308 Birth center facility and equipment; requirements
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(1) A birth center shall be so designed to assure adequate provision for birthing rooms, bath and toilet facilities, storage areas for supplies and equipment, examination areas, and reception or family areas. Handwashing facilities shall be in, or immediately adjacent to, all exa…
Fla. Stat. § 383.3081 Advanced birth center designation
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(1) To be designated as an advanced birth center, a birth center must, in addition to maintaining compliance with all of the requirements under ss. 383.30-383.332 applicable to birth centers and advanced birth centers, meet all of the following criteria:(a) Be operated and staffe…
Fla. Stat. § 383.309 Minimum standards for birth centers and advanced birth centers; rules and enforcement
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(1) The agency shall adopt and enforce rules to administer ss. 383.30-383.332 and part II of chapter 408, which rules shall include, but are not limited to, reasonable and fair minimum standards for ensuring that:(a) Sufficient numbers and qualified types of personnel and occupat…
Fla. Stat. § 383.31 Selection of clients; informed consent
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(1)(a) A birth center may accept only those patients who are expected to have normal pregnancies, labors, and deliveries.(b) The criteria for the selection of clients and the establishment of risk status shall be defined by rule of the agency.(2)(a) A patient may not be accepted …
Fla. Stat. § 383.3105 Patients consenting to adoptions; protocols
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(1) Each licensed facility shall adopt a protocol that at a minimum provides for facility staff to be knowledgeable of the waiting periods, revocation and the contents of the consent to adoption as contained in s. 63.082(4), and describes the supportive and unbiased manner in whi…
Fla. Stat. § 383.311 Education and orientation for birth center clients and their families
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(1) The clients and their families shall be fully informed of the policies and procedures of the birth center, including, but not limited to, policies and procedures on:(a) The selection of clients.(b) The expectation of self-help and family/client relationships.(c) The qualifica…
Fla. Stat. § 383.312 Prenatal care of birth center clients
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(1) A birth center shall ensure that its clients have adequate prenatal care, as defined by the agency, and shall ensure that serological tests are administered as required by this chapter.(2) Records of prenatal care shall be maintained for each client and shall be available dur…
Fla. Stat. § 383.313 Birth center performance of laboratory and surgical services; use of anesthetic and chemical agents
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(1) LABORATORY SERVICES.—A birth center may collect specimens for those tests that are requested under protocol. A birth center must obtain and continuously maintain certification by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement …
Fla. Stat. § 383.3131 Advanced birth center performance of laboratory and surgical services; use of anesthetic and chemical agents
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(1) LABORATORY SERVICES.—An advanced birth center shall have a clinical laboratory on site. The clinical laboratory must, at a minimum, be capable of providing laboratory testing for hematology, metabolic screening, liver function, and coagulation studies. An advanced birth cente…
Fla. Stat. § 383.315 Agreements with consultants for advice or services; maintenance
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(1) A birth center shall maintain in writing a consultation agreement, signed within the current license period, with each consultant who has agreed to provide advice and services to the birth center as requested.(2) Consultation may be provided onsite or by telephone, as require…
Fla. Stat. § 383.316 Transfer and transport of clients to hospitals
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(1) If unforeseen complications arise during labor, delivery, or postpartum recovery, the client must be transferred to a hospital.(2) Each birth center shall make arrangements with a local ambulance service licensed under chapter 401 for the transport of emergency patients to a …
Fla. Stat. § 383.318 Postpartum care for birth center clients and infants
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(1) Except at advanced birth centers that must adhere to the requirements of subsection (2), a mother and her infant must be dismissed from a birth center within 24 hours after the birth of the infant, except in unusual circumstances as defined by rule of the agency. If a mother …
Fla. Stat. § 383.32 Clinical records
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(1) Clinical records shall contain information prescribed by rule, including, but not limited to:(a) Identifying information.(b) Risk assessments.(c) Information relating to prenatal visits.(d) Information relating to the course of labor and intrapartum care.(e) Information relat…
Fla. Stat. § 383.324 Inspections and investigations; inspection fees
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Each facility licensed under s. 383.305 shall pay to the agency an inspection fee established by rule of the agency. In addition to the requirements of part II of chapter 408, the agency shall coordinate all periodic inspections for licensure made by the agency to ensure that the…
Fla. Stat. § 383.325 Inspection reports
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(1) Each licensed facility shall maintain as public information, available upon request, records of all inspection reports pertaining to that facility which have been filed with, or issued by, any governmental agency. Copies of such reports shall be retained in the records of the…
Fla. Stat. § 383.327 Birth and death records; reports
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(1) A completed certificate of birth shall be filed with the local registrar within 5 days of each birth in accordance with chapter 382.(2) Each maternal death, newborn death, and stillbirth shall be reported immediately to the medical examiner and the agency.(3) The licensee sha…
Fla. Stat. § 383.33 Administrative penalties; moratorium on admissions
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(1) In addition to the requirements of part II of chapter 408, the agency may impose an administrative fine not to exceed $500 per violation per day for the violation of any provision of ss. 383.30-383.332, part II of chapter 408, or applicable rules.(2) In determining the amount…
Fla. Stat. § 383.332 Establishing, managing, or operating a birth center without a license; penalty
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Any person who establishes, conducts, manages, or operates any birth center facility without a license issued under s. 383.305 and part II of chapter 408 commits a misdemeanor and, upon conviction, shall be fined not more than $100 for the first offense and not more than $500 for…