Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 760 Ì5034665Î503466 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/23/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Grimsley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 203 - 206 4 and insert: 5 Section 2. Paragraph (c) is added to subsection (2) of 6 section 458.3175, Florida Statutes, to read: 7 458.3175 Expert witness certificate.— 8 (2) An expert witness certificate authorizes the physician 9 to whom the certificate is issued to do only the following: 10 (c) Provide expert testimony in a criminal child abuse case 11 in this state. 12 Section 3. For the purpose of incorporating the amendment 13 made by this act to section 39.303, Florida Statutes, in a 14 reference thereto, section 39.3031, Florida Statutes, is 15 reenacted to read: 16 39.3031 Rules for implementation of s. 39.303.—The 17 Department of Health, in consultation with the Department of 18 Children and Families, shall adopt rules governing the child 19 protection teams pursuant to s. 39.303, including definitions, 20 organization, roles and responsibilities, eligibility, services 21 and their availability, qualifications of staff, and a waiver 22 request process. 23 Section 4. For the purpose of incorporating the amendment 24 made by this act to section 39.303, Florida Statutes, in a 25 reference thereto, subsection (2) of section 391.026, Florida 26 Statutes, is reenacted to read: 27 391.026 Powers and duties of the department.—The department 28 shall have the following powers, duties, and responsibilities: 29 (2) To provide services to abused and neglected children 30 through child protection teams pursuant to s. 39.303. 31 Section 5. For the purpose of incorporating the amendment 32 made by this act to section 458.3175, Florida Statutes, in a 33 reference thereto, subsection (12) of section 766.102, Florida 34 Statutes, is reenacted to read: 35 766.102 Medical negligence; standards of recovery; expert 36 witness.— 37 (12) If a physician licensed under chapter 458 or chapter 38 459 or a dentist licensed under chapter 466 is the party against 39 whom, or on whose behalf, expert testimony about the prevailing 40 professional standard of care is offered, the expert witness 41 must be licensed under chapter 458, chapter 459, or chapter 466 42 or possess a valid expert witness certificate issued under s. 43 458.3175, s. 459.0066, or s. 466.005. 44 Section 6. For the purpose of incorporating the amendment 45 made by this act to section 458.3175, Florida Statutes, in a 46 reference thereto, paragraphs (a) and (b) of subsection (3) of 47 section 827.03, Florida Statutes, are reenacted to read: 48 827.03 Abuse, aggravated abuse, and neglect of a child; 49 penalties.— 50 (3) EXPERT TESTIMONY.— 51 (a) Except as provided in paragraph (b), a physician may 52 not provide expert testimony in a criminal child abuse case 53 unless the physician is a physician licensed under chapter 458 54 or chapter 459 or has obtained certification as an expert 55 witness pursuant to s. 458.3175. 56 (b) A physician may not provide expert testimony in a 57 criminal child abuse case regarding mental injury unless the 58 physician is a physician licensed under chapter 458 or chapter 59 459 who has completed an accredited residency in psychiatry or 60 has obtained certification as an expert witness pursuant to s. 61 458.3175. 62 Section 7. For the purpose of incorporating the amendment 63 made by this act to section 458.3175, Florida Statutes, in a 64 reference thereto, paragraph (a) of subsection (3) of section 65 960.03, Florida Statutes, is reenacted to read: 66 960.03 Definitions; ss. 960.01-960.28.—As used in ss. 67 960.01-960.28, unless the context otherwise requires, the term: 68 (3) “Crime” means: 69 (a) A felony or misdemeanor offense committed by an adult 70 or a juvenile which results in physical injury or death, or a 71 felony or misdemeanor offense of child abuse committed by an 72 adult or a juvenile which results in a mental injury, as defined 73 in s. 827.03, to a person younger than 18 years of age who was 74 not physically injured by the criminal act. The mental injury to 75 the minor must be verified by a psychologist licensed under 76 chapter 490, by a physician licensed in this state under chapter 77 458 or chapter 459 who has completed an accredited residency in 78 psychiatry, or by a physician who has obtained certification as 79 an expert witness pursuant to s. 458.3175. The term also 80 includes a criminal act that is committed within this state but 81 that falls exclusively within federal jurisdiction. 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 Delete lines 2 - 8 85 and insert: 86 An act relating to child protection; amending s. 87 39.303, F.S.; requiring the Statewide Medical Director 88 for Child Protection and the district medical 89 directors to hold certain qualifications; amending s. 90 458.3175, F.S.; authorizing a physician with an expert 91 witness certificate to provide expert testimony in a 92 criminal child abuse case; reenacting ss. 39.3031 and 93 391.026(2), F.S., relating to rules of implementation 94 of s. 39.303, F.S., and powers and duties of the 95 Department of Health, respectively, to incorporate the 96 amendment made to s. 39.303, F.S., in references 97 thereto; reenacting ss. 776.102(12), 827.03(3)(a) and 98 (b), and 960.03(3)(a), F.S., relating to expert 99 witnesses, expert testimony, and the definition of the 100 term “crime,” respectively, to incorporate the 101 amendment made to s. 458.3175, F.S., in references 102 thereto; providing an effective date.