reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.0195 - Court-Issued Delayed Birth Certificate.

382.0195 Court-issued delayed birth certificate.—
(1) In addition to the provisions of s. 382.019, any state resident or person born in this state who does not have a birth certificate may, at any time after birth, file a petition in the circuit court in the county of residence or in the alleged county of his or her birth, setting forth the date, place, and parentage of birth and petitioning the court to issue a delayed birth certificate. The petition must be on a form furnished by the department and must be accompanied by a certified statement from the state registrar of the alleged state of birth, stating that, based on the facts submitted by the petitioner, a birth certificate for the petitioner is not on file.
(2) Upon the filing of the petition, the court shall hold a hearing at which time such evidence may be presented as may be required by the court to establish the fact of the petitioner’s birth and the date, place, and parentage of his or her birth. However, a certificate may not be granted based solely on the uncorroborated testimony of the petitioner.
(3) If the evidence is sufficient, the court shall issue a delayed birth certificate on a form furnished by the department. Documentation submitted by the petitioner in support of the petition shall be recorded on the delayed birth certificate.
(4) The original and court copies of the delayed birth certificate issued by the court shall be distributed as follows:
(a) One copy shall be filed in the circuit court as a permanent record.
(b) If the birth occurred in this state, one copy shall be delivered to the petitioner and the original shall be mailed to the department by the clerk of the court within 10 days after the delayed certificate is issued by the court.
(c) If the birth occurred outside this state, the original certificate plus one copy shall be delivered to the petitioner by the court.
(5) A delayed birth certificate issued by a court pursuant to this section and registered with the department may not be amended except by court order.
History.—ss. 1, 5, 6, 10, ch. 21931, 1943; s. 1, ch. 22887, 1945; s. 24, ch. 63-559; ss. 19, 35, ch. 69-106; s. 7, ch. 73-299; s. 24, ch. 73-334; s. 118, ch. 77-147; s. 7, ch. 83-230; s. 16, ch. 87-387; s. 667, ch. 95-148; s. 101, ch. 97-237.
Note.—Consolidation of former ss. 382.40, 382.44, 382.45, 382.48; former s. 382.018.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.021 - Department to Receive Marriage Licenses.

382.021 Department to receive marriage licenses.—
(1) The county court judge or clerk of the circuit court shall electronically transmit all original marriage licenses, with endorsements, received to the department on one of the following reporting schedules:
(a) Weekly, on or before each Friday, all original marriage licenses, with endorsements, received during the preceding calendar week.
(b) Monthly, on or before the 5th day of each month, all original marriage licenses, with endorsements, received during the preceding calendar month.
(2) Any marriage licenses issued and not returned or any marriage licenses returned but not recorded must be reported by the issuing county court judge or clerk of the circuit court to the department at the time of transmitting the recorded licenses on the forms to be prescribed and furnished by the department. If, during any reporting schedule, the county court judge or clerk of the circuit court does not issue or does not receive a returned marriage license, the county court judge or clerk of the circuit court must report such fact to the department upon forms prescribed and furnished by the department in accordance with the selected reporting schedule.
History.—s. 2, ch. 11869, 1927; CGL 3295, 5852; s. 24, ch. 73-334; s. 107, ch. 77-147; s. 18, ch. 87-387; s. 668, ch. 95-148; s. 103, ch. 97-237; s. 9, ch. 2023-71.
Note.—Former s. 382.23.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.022 - Marriage Application Fees.

382.022 Marriage application fees.—Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, pursuant to s. 741.02, collect and receive a fee of $4 which shall be remitted to the Department of Revenue for deposit to the Department of Health to defray part of the cost of maintaining marriage records.
History.—s. 3, ch. 11869, 1927; CGL 3296; s. 1, ch. 67-520; s. 24, ch. 73-334; s. 1, ch. 74-372; s. 108, ch. 77-147; s. 19, ch. 87-387; s. 6, ch. 90-347; s. 20, ch. 94-348; s. 1037, ch. 95-148; s. 104, ch. 97-237; s. 29, ch. 2001-122.
Note.—Former s. 382.24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.023 - Department to Receive Dissolution-of-Marriage Records; Fees.

382.023 Department to receive dissolution-of-marriage records; fees.—
(1) Clerks of the circuit courts shall collect for their services at the time of the filing of a final judgment of dissolution of marriage a fee of up to $10.50, of which 43 percent shall be retained by the clerk of the circuit court as a part of the cost in the cause in which the judgment is granted. The remaining 57 percent shall be remitted to the Department of Revenue for deposit to the Department of Health to defray part of the cost of maintaining the dissolution-of-marriage records.
(2) The clerk of the circuit court shall electronically transmit to the department a record of each judgment of dissolution of marriage granted by the court, including the names of the parties and such other data as required by forms prescribed by the department, on one of the following reporting schedules:
(a) Weekly, on or before each Friday, all final judgments of dissolution of marriage granted during the preceding calendar week, along with an accounting of the funds remitted to the Department of Revenue pursuant to this section.
(b) Monthly, on or before the 10th day of each month, all final judgments of dissolution of marriage granted during the preceding calendar month, along with an accounting of the funds remitted to the Department of Revenue pursuant to this section.
(3) If, during any reporting schedule, there are no final judgments of dissolution of marriage granted, the clerk of the circuit court must report such fact to the department upon forms prescribed and furnished by the department in accordance with the selected reporting schedule.
History.—s. 4, ch. 11869, 1927; CGL 3297; s. 2, ch. 67-520; s. 23, ch. 70-134; s. 1, ch. 73-300; s. 109, ch. 77-147; s. 20, ch. 87-387; s. 5, ch. 88-98; s. 7, ch. 90-347; s. 105, ch. 97-237; s. 16, ch. 2001-122; s. 104, ch. 2003-402; s. 67, ch. 2004-265; s. 10, ch. 2023-71.
Note.—Former s. 382.25.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.355 - Birth Records of Missing Children, Registrars’ Duties.

382.355 Birth records of missing children, registrars’ duties.—The flagging of a missing child’s birth certificate record and the procedures to be used when requests for the record are made shall be governed by s. 937.024.
History.—s. 1, ch. 87-384.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 382 - Vital Statistics › 382.356 - Protocol for Sharing Certain Birth Certificate Information.

382.356 Protocol for sharing certain birth certificate information.—In order to facilitate the prosecution of offenses under s. 794.011, s. 794.05, s. 800.04, or s. 827.04(3), the Department of Health, the Department of Revenue, and the Florida Prosecuting Attorneys Association shall develop a protocol for sharing birth certificate information for all children born to unmarried mothers who are less than 17 years of age at the time of the child’s birth.
History.—s. 12, ch. 96-215; s. 187, ch. 97-101; s. 109, ch. 97-237; s. 198, ch. 99-13.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.013 - Prenatal Care.

383.013 Prenatal care.—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 preterm birth, or other high-risk conditions, and provide education regarding maintaining healthy birth conditions.
(3) Monitor the availability and accessibility of prenatal care services and the development of special outreach programs for medically underserved and rural areas.
(4) Establish by rule the eligibility criteria for prenatal care for indigent pregnant women when state funds are used for prenatal care.
(5) Develop guidelines for expediting the provision of prenatal care for eligible women and monitor the implementation of the guidelines to determine the need for further action.
(6) Expand, to the extent possible, training of state and local health providers in programs and practices pertaining to improved pregnancy outcomes.
(7) Provide regional perinatal intensive care satellite clinics to deliver Level III obstetric outpatient services to women diagnosed as being high risk, which includes an interdisciplinary team to deliver specialized high-risk obstetric care. The provision of satellite clinics is subject to the availability of moneys and the limitations established by the General Appropriations Act or chapter 216.
History.—s. 11, ch. 83-379; s. 24, ch. 91-282; s. 55, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.014 - Perinatal Mental Health Care.

383.014 Perinatal mental health care.—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 further evaluated by a qualified health care provider; and
(3) May refer a caller to an appropriate health care provider in the caller’s local area.
History.—s. 2, ch. 2018-98.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.015 - Breastfeeding.

383.015 Breastfeeding.—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 is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breastfeeding.
(2) A facility lawfully providing maternity services or newborn infant care may use the designation “baby-friendly” if it establishes a breastfeeding policy in accordance with s. 383.016.
History.—s. 1, ch. 93-4; s. 2, ch. 94-217.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.016 - Breastfeeding Policy for “Baby-Friendly” Facilities Providing Maternity Services and Newborn Infant Care.

383.016 Breastfeeding policy for “baby-friendly” facilities providing maternity services and newborn infant care.—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 and World Health Organization baby-friendly hospital initiatives.
History.—s. 1, ch. 94-217; s. 56, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.04 - Prophylactic Required for Eyes of Infants.

383.04 Prophylactic required for eyes of infants.—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 Academy of Pediatrics for the prevention of neonatal ophthalmia. This section does not apply to cases where the parents file with the physician, midwife, or other person in attendance at the birth of a child written objections on account of religious beliefs contrary to the use of drugs. In such case the physician, midwife, or other person in attendance shall maintain a record that such measures were or were not employed and attach thereto any written objection.
History.—s. 1, ch. 20690, 1941; ss. 19, 35, ch. 69-106; s. 123, ch. 77-147; s. 27, ch. 87-387; s. 57, ch. 97-101; s. 25, ch. 98-191.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.06 - Report of Inflammation or Discharge in Infant’s Eyes.

383.06 Report of inflammation or discharge in infant’s eyes.—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.
History.—s. 3, ch. 20690, 1941.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.07 - Penalty for Violation.

383.07 Penalty for violation.—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.
History.—s. 4, ch. 20690, 1941; s. 332, ch. 71-136.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.11 - Reports.

383.11 Reports.—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 pregnancy test.
History.—s. 4, ch. 22644, 1945; ss. 19, 35, ch. 69-106; s. 126, ch. 77-147; s. 59, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.13 - Use of Information by Department.

383.13 Use of information by department.—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.
History.—s. 6, ch. 22644, 1945; ss. 19, 35, ch. 69-106; s. 128, ch. 77-147; s. 60, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.146 - Infants and Toddlers Who Are Deaf or Hard of Hearing; Notice of Service Providers.

383.146 Infants and toddlers who are deaf or hard of hearing; notice of service providers.—
(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 correspondence from qualified Early Steps providers that offer early intervention services and specialize in serving children with hearing loss. A parent or legal guardian shall authorize the release of the contact information by signing a consent form.
(2) The department shall post on its website a list of qualified Early Steps providers of early intervention services that specialize in serving children with hearing loss and have notified the department of their interest to provide direct communication to families who wish to receive information about the services that they provide.
(3) The audiologist or designee shall send by secure transmission the consent form to those providers listed on the department’s website.
History.—s. 3, ch. 2014-121.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.147 - Newborn and Infant Screenings for Sickle Cell Hemoglobin Variants; Registry.

383.147 Newborn and infant screenings for sickle cell hemoglobin variants; registry.—
(1) If a screening provider detects that a newborn or an infant, as those terms are defined in s. 383.145(2), is carrying a sickle cell hemoglobin variant, it must notify the primary care physician of the newborn or infant and submit the results of such screening to the Department of Health for inclusion in the sickle cell registry established under paragraph (2)(a). The primary care physician must provide to the parent or guardian of the newborn or infant information regarding the availability and benefits of genetic counseling.
(2)(a) The Department of Health shall contract with a community-based sickle cell disease medical treatment and research center to establish and maintain a registry for newborns and infants who are identified as carrying a sickle cell hemoglobin variant. The sickle cell registry must track sickle cell disease outcome measures. A parent or guardian of a newborn or an infant in the registry may request to have his or her child removed from the registry by submitting a form prescribed by the department by rule.
(b) The Department of Health shall also establish a system to ensure that the community-based sickle cell disease medical treatment and research center notifies the parent or guardian of a child who has been included in the registry that a follow-up consultation with a physician is recommended. Such notice must be provided to the parent or guardian of such child at least once during early adolescence and once during late adolescence. The department shall make every reasonable effort to notify persons included in the registry who are 18 years of age that they may request to be removed from the registry by submitting a form prescribed by the department by rule. The department shall also provide to such persons information regarding available educational services, genetic counseling, and other beneficial resources.
(3) The Department of Health shall adopt rules to implement this section.
History.—s. 1, ch. 2023-258.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.15 - Legislative Intent; Perinatal Intensive Care Services.

383.15 Legislative intent; perinatal intensive care services.—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 perinatal intensive care centers program. Perinatal intensive care services are critical to the well-being and development of a healthy society and represent a constructive, cost-beneficial, and essential investment in the future of our state. Therefore, it is the intent of the Legislature to develop a regional perinatal intensive care centers program. The Legislature further intends that development of such program not reduce or dilute the current financial commitment of the state, as indicated through appropriation, to the existing regional perinatal intensive care centers. It is also the intent of the Legislature that any additional centers authorized under s. 383.19 after July 1, 1993, not receive payments under a disproportionate share program for regional perinatal intensive care centers authorized under chapter 409 unless specific appropriations are provided to expand such payments to additional hospitals.
History.—s. 1, ch. 76-54; s. 1, ch. 77-171; s. 1, ch. 94-140; s. 1, ch. 2012-33.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.16 - Definitions; Ss. 383.15-383.19.

383.16 Definitions; ss. 383.15-383.19.—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 services to its patients.
(3) “Patient” means a woman who is experiencing a high-risk pregnancy and who has been declared financially and medically eligible or a newborn infant who needs intensive care and who is declared financially and medically eligible.
History.—s. 2, ch. 76-54; s. 1, ch. 77-171; s. 1, ch. 79-351; s. 1, ch. 85-225; s. 2, ch. 94-140; s. 61, ch. 97-101; s. 85, ch. 2014-17.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.17 - Regional Perinatal Intensive Care Centers Program; Authority.

383.17 Regional perinatal intensive care centers program; authority.—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 purpose.
History.—s. 3, ch. 76-54; s. 1, ch. 77-171; s. 1, ch. 82-209; s. 2, ch. 85-225; s. 3, ch. 94-140; s. 86, ch. 2014-17.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.18 - Contracts; Conditions.

383.18 Contracts; conditions.—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 of patients who participate in the program and who are in compliance with Medicaid eligibility requirements as determined by the department are not additionally charged for treatment and care which has been contracted for by the department. Financial eligibility for the program is based on the Medicaid income guidelines for pregnant women and for children under 1 year of age. Funding shall be provided in accordance with ss. 383.19 and 409.908.
History.—s. 4, ch. 76-54; s. 1, ch. 77-174; s. 4, ch. 80-177; s. 3, ch. 82-209; s. 4, ch. 85-225; s. 32, ch. 87-225; s. 4, ch. 94-140; s. 87, ch. 2014-17; s. 3, ch. 2015-225.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.19 - Standards; Funding; Ineligibility.

383.19 Standards; funding; ineligibility.—
(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) Equipment.
(c) Facilities.
(d) Staffing and qualifications of personnel.
(e) Transportation services.
(f) Data collection.
(g) Definitions of terms.
(2) The department shall designate at least one center to serve a geographic area representing each region of the state in which at least 10,000 live births occur per year, but in no case may there be more than 11 regional perinatal intensive care centers established unless specifically authorized in the appropriations act or in this subsection. Medicaid reimbursement shall be made for services provided to patients who are Medicaid recipients. Medicaid reimbursement for in-center obstetrical physician services shall be based upon the obstetrical care group payment system. Medicaid reimbursement for in-center neonatal physician services shall be based upon the neonatal care group payment system. These prospective payment systems, developed by the department, must place patients into homogeneous groups based on clinical factors, severity of illness, and intensity of care. Outpatient obstetrical services and other related services, such as consultations, shall be reimbursed based on the usual Medicaid method of payment for outpatient medical services.
(3) Failure to comply with the standards established under this section constitutes grounds for terminating the contract.
(4) The department shall give priority to establishing centers in hospitals that demonstrate an interest in perinatal intensive care by meeting program standards.
(5) A private, for-profit hospital that does not accept county, state, or federal funds or indigent patients is not eligible to participate under ss. 383.15-383.19.
(6) Each hospital that contracts with the department to provide services under the terms of ss. 383.15-383.19 shall prepare and submit to the department an annual report that includes, but is not limited to, the number of clients served and the costs of services in the center. The department shall annually conduct a programmatic and financial evaluation of each center.
History.—s. 5, ch. 76-54; s. 1, ch. 77-171; s. 1, ch. 77-174; s. 2, ch. 79-351; s. 152, ch. 79-400; s. 5, ch. 80-177; s. 2, ch. 82-209; s. 5, ch. 85-225; s. 5, ch. 94-140; s. 19, ch. 2000-242; s. 97, ch. 2010-102; s. 88, ch. 2014-17.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.2161 - Maternal and Child Health Report.

383.2161 Maternal and child health report.—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 potential risk;
(2) The number of families receiving family outreach services;
(3) The increase in demand for services; and
(4) The unmet need for services for identified target groups.
History.—s. 27, ch. 91-282; s. 63, ch. 97-101; s. 110, ch. 97-237; s. 99, ch. 2010-102.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.21625 - Fetal and Infant Mortality Review Committees.

383.21625 Fetal and infant mortality review committees.—
(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 mortality and morbidity in each region. Each committee shall:
(a) Review and analyze rates, trends, causes, and other data related to fetal and infant mortality and morbidity in a geographic area.
(b) Develop findings and recommendations for interventions and policy changes to reduce fetal and infant mortality and morbidity rates.
(c) Engage with local communities and stakeholders to implement recommended policies and procedures to reduce fetal and infant mortality and morbidity.
(3) Each local healthy start coalition shall report the findings and recommendations developed by each fetal and infant mortality review committee to the department annually. Beginning October 1, 2023, the department shall compile such findings and recommendations in an annual report, which must be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(4) The department may adopt rules necessary to implement this section.
History.—s. 2, ch. 2022-69.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.30 - Birth Center Licensure Act; Short Title.

383.30 Birth Center Licensure Act; short title.—Sections 383.30-383.332 shall be known and may be cited as the “Birth Center Licensure Act.”
History.—ss. 1, 27, ch. 84-283; s. 4, ch. 91-429; s. 12, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.301 - Licensure and Regulation of Birth Centers; Legislative Intent.

383.301 Licensure and regulation of birth centers; legislative intent.—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 with respect to birth centers. The requirements of part II of chapter 408 shall apply to the provision of services that require licensure pursuant to ss. 383.30-383.332 and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to ss. 383.30-383.332. A license issued by the agency is required in order to operate a birth center in this state.
History.—ss. 2, 27, ch. 84-283; s. 4, ch. 91-429; s. 18, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 3, ch. 2007-230; s. 13, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.302 - Definitions of Terms Used in Ss. 383.30-383.332.

383.302 Definitions of terms used in ss. 383.30-383.332.—As used in ss. 383.30-383.332, the term:
(1) “Agency” means the Agency for Health Care Administration.
(2) “Birth center” means any facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, in which births are planned to occur away from the mother’s usual residence following a normal, uncomplicated, low-risk pregnancy.
(3) “Clinical staff” means individuals employed full time or part time by a birth center who are licensed or certified to provide care at childbirth.
(4) “Consultant” means a physician licensed pursuant to chapter 458 or chapter 459 who agrees to provide advice and services to a birth center and who either:
(a) Is certified or eligible for certification by the American Board of Obstetrics and Gynecology, or
(b) Has hospital obstetrical privileges.
(5) “Governing body” means any individual, group, corporation, or institution which is responsible for the overall operation and maintenance of a birth center.
(6) “Governmental unit” means the state or any county, municipality, or other political subdivision or any department, division, board, or other agency of any of the foregoing.
(7) “Licensed facility” means a facility licensed in accordance with s. 383.305.
(8) “Low-risk pregnancy” means a pregnancy which is expected to result in an uncomplicated birth, as determined through risk criteria developed by rule of the department, and which is accompanied by adequate prenatal care.
(9) “Person” means any individual, firm, partnership, corporation, company, association, institution, or joint stock association and means any legal successor of any of the foregoing.
(10) “Premises” means those buildings, beds, and facilities located at the main address of the licensee and all other buildings, beds, and facilities for the provision of maternity care located in such reasonable proximity to the main address of the licensee as to appear to the public to be under the dominion and control of the licensee.
History.—ss. 3, 27, ch. 84-283; s. 4, ch. 91-429; s. 64, ch. 97-101; s. 7, ch. 98-171; s. 14, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.305 - Licensure; Fees.

383.305 Licensure; fees.—
(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 comply with the requirements of this chapter and part II of chapter 408.
History.—ss. 5, 6, 27, ch. 84-283; s. 4, ch. 91-429; ss. 8, 71, ch. 98-171; s. 60, ch. 2000-349; s. 25, ch. 2001-53; s. 2, ch. 2001-67; s. 148, ch. 2001-277; s. 40, ch. 2004-267; s. 5, ch. 2007-230; s. 15, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.307 - Administration of Birth Center.

383.307 Administration of birth center.—
(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 body, the birth center director, the clinical director, the clinical staff, and the medical consultant.
(b) The governing body shall develop and make available to staff, clinicians, consultants, and licensing authorities a manual which documents policies, procedures, and protocols, including the roles and responsibilities of all personnel.
(2) There shall be an adequate number of licensed personnel to provide clinical services needed by mothers and newborns and a sufficient number of qualified personnel to provide services for families and to maintain the birth center.
(3) All clinical staff members and consultants shall hold current licenses from this state to practice their respective disciplines.
(4) Clinical staff members and consultants shall adopt bylaws which are subject to the approval of the governing body and which shall include recommendations for clinical staff or consultation appointments, delineation of clinical privileges, and the organization of the clinical staff.
History.—ss. 3, 7, 27, ch. 84-283; s. 4, ch. 91-429; s. 48, ch. 99-397.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.308 - Birth Center Facility and Equipment; Requirements.

383.308 Birth center facility and equipment; requirements.—
(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 examining areas and birthing rooms.
(2)(a) A birth center shall be equipped with those items needed to provide low-risk maternity care and readily available equipment to initiate emergency procedures in life-threatening events to mother and baby, as defined by rule of the agency.
(b) Provision shall be made, on or off the premises, for laundry, sterilization of supplies and equipment, laboratory examinations, and light snacks. If a food service is provided, special requirements shall be met as defined in rules promulgated pursuant to chapter 381.
(3) A birth center shall meet codes for ordinary construction and for water supply and sewage disposal. Solid waste shall be disposed of in accordance with the provisions of chapter 403 and rules promulgated thereunder.
(4)(a) A birth center shall be maintained in a safe, clean, and orderly manner.
(b) The governing body shall ensure that there is compliance with firesafety provisions required by rules promulgated pursuant to chapter 633.
History.—ss. 8, 27, ch. 84-283; s. 4, ch. 91-429; s. 9, ch. 98-171.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.309 - Minimum Standards for Birth Centers; Rules and Enforcement.

383.309 Minimum standards for birth centers; rules and enforcement.—
(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 occupational disciplines are available at all times to provide necessary and adequate patient care and safety.
(b) Infection control, housekeeping, sanitary conditions, disaster plan, and medical record procedures that will adequately protect patient care and provide safety are established and implemented.
(c) Licensed facilities are established, organized, and operated consistent with established programmatic standards.
(2) The agency may not establish any rule governing the design, construction, erection, alteration, modification, repair, or demolition of birth centers. It is the intent of the Legislature to preempt that function to the Florida Building Commission and the State Fire Marshal through adoption and maintenance of the Florida Building Code and the Florida Fire Prevention Code. However, the agency shall provide technical assistance to the commission and the State Fire Marshal in updating the construction standards of the Florida Building Code and the Florida Fire Prevention Code which govern birth centers. In addition, the agency may enforce the special-occupancy provisions of the Florida Building Code and the Florida Fire Prevention Code which apply to birth centers in conducting any inspection authorized under this chapter or part II of chapter 408.
History.—ss. 23, 27, ch. 84-283; s. 4, ch. 91-429; s. 10, ch. 98-171; s. 19, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372; s. 6, ch. 2007-230; s. 16, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.31 - Selection of Clients; Informed Consent.

383.31 Selection of clients; informed consent.—
(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 for care until the patient has signed a client informed-consent form.
(b) The agency shall develop a client informed-consent form to be used by the center to inform the client of the benefits and risks related to childbirth outside a hospital.
History.—ss. 9, 10, 27, ch. 84-283; s. 4, ch. 91-429; s. 11, ch. 98-171.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.3105 - Patients Consenting to Adoptions; Protocols.

383.3105 Patients consenting to adoptions; protocols.—
(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 which facility staff will interact with birth parents and prospective adoptive parents regarding the adoption, in particular during the waiting period required in s. 63.082(4)(b) before consenting to an adoption.
(2) The protocol shall be in writing and be provided upon request to any birth parent or prospective adoptive parent of a child born in the facility.
History.—s. 40, ch. 2001-3.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.311 - Education and Orientation for Birth Center Clients and Their Families.

383.311 Education and orientation for birth center clients and their families.—
(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 qualifications of the clinical staff.
(d) The transfer to secondary or tertiary care.
(e) The philosophy of childbirth care and the scope of services.
(f) The customary length of stay after delivery.
(2) The clients shall be prepared for childbirth and childbearing by education in:
(a) The course of pregnancy and normal changes occurring during pregnancy.
(b) The need for prenatal care.
(c) Nutrition, including encouragement of breastfeeding.
(d) The effects of smoking and substance abuse.
(e) Labor and delivery.
(f) The care of the newborn to include safe sleep practices and the possible causes of Sudden Unexpected Infant Death.
History.—ss. 11, 27, ch. 84-283; s. 4, ch. 91-429; s. 4, ch. 94-217; s. 1, ch. 2013-62.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.312 - Prenatal Care of Birth Center Clients.

383.312 Prenatal care of birth center clients.—
(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 during labor and delivery.
History.—ss. 12, 27, ch. 84-283; s. 4, ch. 91-429; s. 12, ch. 98-171.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.313 - Performance of Laboratory and Surgical Services; Use of Anesthetic and Chemical Agents.

383.313 Performance of laboratory and surgical services; use of anesthetic and chemical agents.—
(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 Amendments and the federal rules adopted thereunder in order to perform laboratory tests specified by rule of the agency, and which are appropriate to meet the needs of the patient.
(2) SURGICAL SERVICES.—Surgical procedures shall be limited to those normally performed during uncomplicated childbirths, such as episiotomies and repairs and shall not include operative obstetrics or caesarean sections.
(3) ADMINISTRATION OF ANALGESIA AND ANESTHESIA.—General and conduction anesthesia may not be administered at a birth center. Systemic analgesia may be administered, and local anesthesia for pudendal block and episiotomy repair may be performed if procedures are outlined by the clinical staff and performed by personnel with statutory authority to do so.
(4) INTRAPARTAL USE OF CHEMICAL AGENTS.—Labor may not be inhibited, stimulated, or augmented with chemical agents during the first or second stage of labor unless prescribed by personnel with statutory authority to do so and unless in connection with and prior to emergency transport.
History.—ss. 13, 14, 15, 16, 27, ch. 84-283; s. 4, ch. 91-429; s. 13, ch. 98-171; s. 17, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.315 - Agreements With Consultants for Advice or Services; Maintenance.

383.315 Agreements with consultants for advice or services; maintenance.—
(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 required by clinical and geographic conditions.
History.—ss. 18, 27, ch. 84-283; s. 4, ch. 91-429; s. 7, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.316 - Transfer and Transport of Clients to Hospitals.

383.316 Transfer and transport of clients to hospitals.—
(1) If unforeseen complications arise during labor, the client shall be transferred to a hospital.
(2) Each licensed facility shall make arrangements with a local ambulance service licensed under chapter 401 for the transport of emergency patients to a hospital. Such arrangements shall be documented in the policy and procedures manual of the facility if the birth center does not own or operate a licensed ambulance. The policy and procedures manual shall also contain specific protocols for the transfer of any patient to a licensed hospital.
(3) A licensed facility shall identify neonatal-specific transportation services, including ground and air ambulances; list their particular qualifications; and have the telephone numbers for access to these services clearly listed and immediately available.
(4) Annual assessments of the transportation services and transfer protocols shall be made and documented.
History.—ss. 9, 19, 27, ch. 84-283; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.318 - Postpartum Care for Birth Center Clients and Infants.

383.318 Postpartum care for birth center clients and infants.—
(1) A mother and her infant shall be dismissed from the 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 or infant is retained at the birth center for more than 24 hours after the birth, a report shall be filed with the agency within 48 hours of the birth describing the circumstances and the reasons for the decision.
(2) A prophylactic shall be instilled in the eyes of each newborn in accordance with s. 383.04.
(3) The birth center shall provide a postpartum evaluation and followup care that includes all of the following:
(a) Physical examination of the infant.
(b) Metabolic screening tests required by s. 383.14.
(c) Referral to sources for pediatric care.
(d) Maternal postpartum assessment that incorporates mental health screening.
(e) Information on postpartum depression and the telephone number of the Family Health Line operated pursuant to s. 383.011.
(f) Instruction in child care, including immunization, breastfeeding, safe sleep practices, and possible causes of Sudden Unexpected Infant Death.
(g) Family planning services.
(h) Referral to secondary or tertiary care, as indicated.
(i) Provision of the informational pamphlet on infant and childhood eye and vision disorders created by the department pursuant to s. 383.14(3)(i).
History.—ss. 17, 27, ch. 84-283; s. 4, ch. 91-429; s. 5, ch. 94-217; s. 14, ch. 98-171; s. 2, ch. 2013-62; s. 3, ch. 2018-98; s. 2, ch. 2020-79.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.32 - Clinical Records.

383.32 Clinical records.—
(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 relating to consultation, referral, and transport to a hospital.
(f) Newborn assessment, APGAR score, treatments as required, and followup.
(g) Postpartum followup.
(2) Clinical records shall be immediately available at the birth center:
(a) At the time of admission.
(b) When transfer of care is necessary.
(c) For audit by licensure personnel.
(3) Clinical records shall be kept confidential in accordance with s. 456.057 and exempt from the provisions of s. 119.07(1). A client’s clinical records shall be open to inspection only under the following conditions:
(a) A consent to release information has been signed by the client; or
(b) The review is made by the agency for a licensure survey or complaint investigation.
(4)(a) Clinical records shall be audited periodically, but no less frequently than every 3 months, to evaluate the process and outcome of care.
(b) Statistics on maternal and perinatal morbidity and mortality, maternal risk, consultant referrals, and transfers of care shall be analyzed at least semiannually.
(c) The governing body shall examine the results of the record audits and statistical analyses and shall make such reports available for inspection by the public and licensing authorities.
History.—ss. 12, 21, 22, 27, ch. 84-283; s. 33, ch. 87-225; s. 1, ch. 90-3; s. 4, ch. 91-429; s. 195, ch. 96-406; s. 20, ch. 98-166; s. 15, ch. 98-171; s. 10, ch. 2000-160.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.324 - Inspections and Investigations; Inspection Fees.

383.324 Inspections and investigations; inspection fees.—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 cost to the facility of such inspections and the disruption of services by such inspections is minimized.
History.—ss. 24, 27, ch. 84-283; s. 4, ch. 91-429; s. 16, ch. 98-171; s. 8, ch. 2007-230.