SB 122 — Surrendered Newborn Infants

Florida Senate - 2021 CS for SB 122 By Senatorthe BaxleyCommittee 12-00035-21on 2021122__Appropriations; A bill to be entitled An act relating to surrendered newborn infants;

and Senators Baxley, Garcia, Albritton, and Harrell 576-04427-21 2021122c1 A bill to be entitled An act relating to surrendered newborn infants;

revising andthe definingdefinition terms;of the term “newborn infant”;

authorizing the Department of Health to approve, and certain hospitals, emergency medical services stations, and fire stations to use, newborn infant safety devices to accept surrendered newborn infants under certain circumstances;

requiring such hospitals, emergency medical services stations, or fire stations to physically check and test the devices at specified intervals;

conforming provisions to changes made by the act;

providing additional locations to which the prohibition on the initiation of criminal investigations based solely on the surrendering of a newborn infant applies;

conforming a cross-reference;

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

2110 Section 1. Present1. Subsection subsections(1) (2) through (10) of section 383.50, Florida Statutes, are redesignated as subsections (3) through (11), respectively, a new subsection (2) is addedamended to that section, and subsection (1) and present subsections (3), (5), and (10) of that section are amended, to read:

383.50 Treatment of surrendered newborn infant.— (1) As used in this section, the term:term “newborn infant” means a child who a licensed physician reasonably believes is approximately 30 7 days old or younger at the time the child is left at a hospital, an emergency medical services station, or a fire station.

(a) “Department” means the Department of Health.

(b) “Newborn infant” means a child who a licensed physician reasonably believes is approximately 30 7 days old or younger at the time the child is left at a hospital, an emergency medical services station, or a fire station.

(c) “Newborn infant safety device” means a device approved by the department under subsection (2) which is installed in an exterior wall of a hospital, an emergency medical services station, or a fire station and which has an exterior point of access that allows an individual to place a newborn infant inside and an interior point of access that allows individuals inside the building to safely retrieve the newborn infant.

(2)(a) The department may approve by rule, and a hospital, an emergency medical services station, or a fire station that is staffed 24 hours per day may use, a newborn infant safety device to accept surrendered newborn infants under this section if the device is:

1. Physically part of the hospital, emergency medical services station, or fire station;

2. Temperature-controlled and ventilated for the safety of newborns;

3. Equipped with an alarm system connected to the physical location of the device which automatically triggers an alarm inside the building when a newborn infant is placed in the device;

4. Equipped with a surveillance system that allows employees of the hospital, emergency medical services station, or fire station to monitor the inside of the device 24 hours per day;

and 5. Located such that the interior point of access is in an area that is conspicuous and visible to the employees of the hospital, emergency medical services station, or fire station.

(b) A hospital, an emergency medical services station, or a fire station that uses a newborn infant safety device to accept surrendered newborn infants shall use the device’s surveillance system to monitor the inside of the newborn infant safety device 24 hours per day and shall physically check the device at least twice daily and test the device at least weekly to ensure that the alarm system is in working order.

(4)(3) Each emergency medical services station or fire station that is staffed 24 hours per day with full-time firefighters, emergency medical technicians, or paramedics shall accept any newborn infant left with a firefighter, an emergency medical technician, or a paramedic or in a newborn infant safety device that is physically part of the emergency medical services station or fire station.

The firefighter, emergency medical technician, or paramedic shall consider these actions as implied consent to and shall:

(a) Provide emergency medical services to the newborn infant to the extent that he or she is trained to provide those services, and (b) Arrange for the immediate transportation of the newborn infant to the nearest hospital having emergency services.

82 A licensee as defined in s.

401.23, a fire department, or an employee or agent of a licensee or fire department may treat and transport a newborn infant pursuant to this section.

If a newborn infant is placed in the physical custody of an employee or agent of a licensee or fire department or is placed in a newborn infant safety device that is physically part of an emergency medical services station or a fire station, such placement is shall be considered implied consent for treatment and transport.

A licensee, a fire department, or an employee or agent of a licensee or fire department is immune from criminal or civil liability for acting in good faith pursuant to this section.

Nothing in this subsection limits liability for negligence.

(6)(5) Except when there is actual or suspected child abuse or neglect, any parent who leaves a newborn infant in a newborn infant safety device or with a firefighter, an emergency medical technician, or a paramedic at a fire station or an emergency medical services station, leaves a newborn infant in a newborn infant safety device at a hospital, or brings a newborn infant to an emergency room of a hospital and expresses an intent to leave the newborn infant and not return, has the absolute right to remain anonymous and to leave at any time and may not be pursued or followed unless the parent seeks to reclaim the newborn infant.

When an infant is born in a hospital and the mother expresses intent to leave the infant and not return, upon the mother’s request, the hospital or registrar shall complete the infant’s birth certificate without naming the mother thereon.

(11)(10) A criminal investigation may shall not be initiated solely because a newborn infant is left at a hospital, an emergency medical services station, or a fire station under this section unless there is actual or suspected child abuse or neglect.

383.50(8) s.