January 27, 2021
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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 383
View Entire Chapter
Section 383.309, Florida Statutes 2004

383.309  Minimum standards for birth centers; rules and enforcement.--

(1)  The agency shall adopt and enforce rules to administer ss. 383.30-383.335, 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)  Any licensed facility that is in operation at the time of adoption of any applicable rule under ss. 383.30-383.335 shall be given a reasonable time under the particular circumstances, not to exceed 1 year after the date of such adoption, within which to comply with such rule.

(3)  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.

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.

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