The Florida Senate

766.308  Medical advisory panel review and recommendations; procedure.--

(1)  Each claim filed with the division under ss. 766.301-766.316 shall be reviewed by a medical advisory panel of three qualified physicians appointed by the Insurance Commissioner, of whom one shall be a pediatric neurologist or a neurosurgeon, one shall be an obstetrician, and one shall be a neonatologist or a pediatrician. The panel shall file its report, with its recommendation as to whether the injury for which the claim is filed is a birth-related neurological injury, with the division at least 10 days prior to the date set for the hearing. At the request of the division, at least one member of the panel shall be available to testify at the hearing. The administrative law judge shall consider, but not be bound by, the recommendation of the panel.

(2)  The Department of Insurance shall develop a plan which provides the method and procedure for such medical advisory panel review and shall develop such plan in coordination with the Division of Medical Quality Assurance of the Department of Business and Professional Regulation and the ¹Children's Medical Services Program Office of the ²Department of Health and Rehabilitative Services.

History.--s. 67, ch. 88-1; s. 3, ch. 89-186; s. 20, ch. 91-46; s. 5, ch. 93-251; s. 247, ch. 94-218; s. 311, ch. 96-410.

¹Note.--Section 5, ch. 96-403, deletes all references to "Children's Medical Services Program Office" from s. 20.19.

²Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.