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House Bill 1993

Florida House of Representatives - 1997 HB 1993 By Representative Bloom 1 A bill to be entitled 2 An act relating to medical practitioners; 3 requiring physicians, osteopathic physicians, 4 podiatrists, and chiropractors to furnish 5 specified biographical and other data to the 6 Department of Health; requiring the department 7 to verify certain of the information and 8 compile the information submitted and other 9 public record information into a practitioner 10 profile of each licensee and to make the 11 profiles available to the public; providing for 12 rules; providing duties of practitioners to 13 update information and duties of the department 14 to update profiles; providing for retention of 15 information in superseded profiles; amending 16 ss. 458.311, 458.313, 458.319, F.S.; requiring 17 applicants for licensure or relicensure as 18 physicians to submit information, fingerprints, 19 and fees; providing for citations to, and fines 20 of, certain practitioners; amending ss. 21 459.0055, 459.008, F.S.; requiring applicants 22 for licensure or relicensure as osteopathic 23 physicians to submit information, fingerprints, 24 and fees; providing for citations to, and fines 25 of, certain practitioners; amending ss. 26 460.406, 460.407, F.S.; requiring applicants 27 for licensure or relicensure as chiropractors 28 to submit information, fingerprints, and fees; 29 providing for citations to, and fines of, 30 certain practitioners; amending ss. 461.006, 31 461.007, F.S.; requiring applicants for 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 licensure or relicensure as podiatrists to 2 submit information, fingerprints, and fees; 3 providing for citations to, and fines of, 4 certain practitioners; amending s. 455.225, 5 F.S.; providing legislative intent; revising 6 procedures to discipline professionals; 7 requiring the Agency for Health Care 8 Administration or appropriate regulatory boards 9 to establish plans to resolve incomplete 10 investigations or disciplinary proceedings; 11 requiring the agency to issue an emergency 12 order suspending the license of a physician or 13 osteopathic physician for certain violations; 14 amending s. 455.2285, F.S.; requiring 15 additional information in the annual report by 16 the department and by the agency; creating s. 17 455.2478, F.S.; providing that reports on 18 professional liability actions and information 19 relating to bankruptcy proceedings of specified 20 health care practitioners which are in the 21 possession of the Department of Health are 22 public records; requiring the department to 23 make such information available to persons who 24 request it; amending s. 627.912, F.S.; 25 providing for insurer reporting of professional 26 liability claims and actions; revising the 27 timeframe for reporting; providing penalties; 28 providing for a toll-free telephone number for 29 reporting complaints relating to medical care; 30 providing applicability; providing an effective 31 date. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. (1) Each person who applies for initial 4 licensure under chapter 458, chapter 459, chapter 460, or 5 chapter 46l, Florida Statutes, must, at the time of 6 application, and each person who applies for license renewal 7 under chapter 458, chapter 459, chapter 460, or chapter 461, 8 Florida Statutes, must, in conjunction with the renewal of 9 such license and under procedures adopted by the Department of 10 Health, and in addition to any other information that may be 11 required from the applicant, furnish the following information 12 to the Department of Health: 13 (a)1. The name of each medical school that the 14 applicant has attended, with the dates of attendance and the 15 date of graduation, and a description of all graduate medical 16 education completed by the applicant, excluding any coursework 17 taken to satisfy medical licensure continuing education 18 requirements. 19 2. The name of each hospital at which the applicant 20 has privileges. 21 3. The address at which the applicant will primarily 22 conduct his or her practice. 23 4. Any certification that the applicant has received 24 from a specialty board that is recognized by the board to 25 which the applicant is applying. 26 5. The number of years the applicant has practiced, if 27 the applicant has practiced in another jurisdiction or in a 28 foreign country or has previously practiced in this state. 29 6. Any appointment to the faculty of a medical school 30 which the applicant currently holds and an indication as to 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 whether the applicant has had the responsibility for graduate 2 medical education within the most recent l0 years. 3 7. A description of any criminal offense for which the 4 applicant has been found guilty, regardless of whether 5 adjudication of guilt was withheld, or to which the applicant 6 has pled guilty or nolo contendere. A criminal offense 7 committed in another jurisdiction that would have been a 8 felony or misdemeanor if committed in this state must be 9 reported. If the applicant indicates that a criminal offense 10 is under appeal and submits a copy of the notice for appeal of 11 that criminal offense, the department must state that the 12 criminal offense is under appeal if the criminal offense is 13 reported in the applicant's profile. If the applicant 14 indicates to the department that a criminal offense is under 15 appeal, the applicant must, upon disposition of the appeal, 16 submit to the department a copy of the final written order of 17 disposition. 18 8. A description of any final disciplinary action 19 taken within the previous 10 years against the applicant by 20 the agency regulating the profession that the applicant is or 21 has been licensed to practice, whether in this state or in any 22 other jurisdiction, by a specialty board that is recognized by 23 the American Board of Medical Specialities, the American 24 Osteopathic Association, or a similar national organization, 25 or by a licensed hospital, health maintenance organization, 26 prepaid health clinic, ambulatory surgical center, or nursing 27 home. Disciplinary action includes resignation from or 28 nonrenewal of medical staff membership or the restriction of 29 privileges at a licensed hospital, health maintenance 30 organization, prepaid health clinic, ambulatory surgical 31 center, or nursing home taken in lieu of or in settlement of a 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 pending disciplinary case related to competence or character. 2 If the applicant indicates that the disciplinary action is 3 under appeal and submits a copy of the document initiating an 4 appeal of the disciplinary action, the department must state 5 that the disciplinary action is under appeal if the 6 disciplinary action is reported in the applicant's profile. 7 (b) In addition to the information required under 8 paragraph (a), each applicant who seeks licensure under 9 chapter 458, chapter 459, or chapter 461, Florida Statutes, 10 and who has practiced previously in this state or in another 11 jurisdiction or a foreign country must provide the information 12 required of licensees under those chapters pursuant to section 13 455.247, Florida Statutes. An applicant for licensure under 14 chapter 460, Florida Statutes, who has practiced previously in 15 this state or in another jurisdiction or a foreign country 16 must provide the same information as is required of licensees 17 under chapter 458, Florida Statutes, pursuant to section 18 455.247, Florida Statutes. 19 (2) Before the issuance of the licensure renewal 20 notice required by section 455.273, Florida Statutes, the 21 Department of Health shall send a notice to each person 22 licensed under chapter 458, chapter 459, chapter 460, or 23 chapter 461, Florida Statutes, at the licensee's last known 24 address of record with the department, regarding the 25 requirements for information to be submitted by those 26 practitioners pursuant to this section in conjunction with the 27 renewal of such license and under procedures adopted by the 28 department. 29 (3) Each person who has submitted information pursuant 30 to subsection (1) must update that information in writing by 31 notifying the Department of Health within 45 days after the 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 occurrence of an event or the attainment of a status that is 2 required to be reported by subsection (1). Failure to comply 3 with the requirements of this subsection to update and submit 4 information constitutes a ground for disciplinary action under 5 each respective licensing chapter and section 455.227(1)(k), 6 Florida Statutes. 7 (4)(a) An applicant for initial licensure must submit 8 a set of fingerprints to the Department of Health in 9 accordance with section 458.311, section 458.313, section 10 459.0055, section 460.406, or section 461.006, Florida 11 Statutes. 12 (b) An applicant for renewed licensure must submit a 13 set of fingerprints for the initial renewal of his or her 14 license after the effective date of this act to the agency 15 regulating that profession in accordance with procedures 16 established under section 458.3l9, section 459.008, section 17 460.407, or section 461.007, Florida Statutes. 18 (c) The Department of Health shall submit the 19 fingerprints provided by an applicant for initial licensure to 20 the Florida Department of Law Enforcement for a statewide 21 criminal history check, and the Florida Department of Law 22 Enforcement shall forward the fingerprints to the Federal 23 Bureau of Investigation for a national criminal history check 24 of the applicant. The department shall submit the fingerprints 25 provided by an applicant for a renewed license to the Florida 26 Department of Law Enforcement for a statewide criminal history 27 check, and the Florida Department of Law Enforcement shall 28 forward the fingerprints to the Federal Bureau of 29 Investigation for a national criminal history check for the 30 initial renewal of the applicant's license following the 31 effective date of this act; for any subsequent renewal of the 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 applicant's license the department shall submit the required 2 information for a statewide criminal history check of the 3 applicant. 4 (5) Each person who is required to submit information 5 pursuant to this section may submit additional information. 6 Such information may include, but is not limited to: 7 (a) Information regarding publications in 8 peer-reviewed medical literature within the previous l0 years. 9 (b) Information regarding professional or 10 community-service activities or awards. 11 (c) Languages, other than English, used by the 12 applicant to communicate with patients and identification of 13 any translating service that may be available at the place 14 where the applicant primarily conducts his or her practice. 15 (d) An indication of whether the person participates 16 in the Medicaid program. 17 Section 2. (1) Beginning July 1, 1999, the Department 18 of Health shall compile the information submitted pursuant to 19 section 1 into a practitioner profile of the applicant 20 submitting the information, except that the Department of 21 Health may develop a format to compile uniformly any 22 information submitted under paragraph 1(4)(b). 23 (2) On the profile required under subsection (1), the 24 department shall indicate if the information provided under 25 section 1(1)(a)7. is not corroborated by a criminal history 26 check conducted according to this subsection. If the 27 information provided under section 1(1)(a)7. is corroborated 28 by the criminal history check, the fact that the criminal 29 history check was performed need not be indicated on the 30 profile. The department, or the board having regulatory 31 authority over the practitioner acting on behalf of the 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 department, shall investigate any information received by the 2 department or the board when it has reasonable grounds to 3 believe that the practitioner has violated any law that 4 relates to the practitioner's practice. 5 (3) The Department of Health may include in each 6 practitioner's practitioner profile that criminal information 7 that directly relates to the practitioner's ability to 8 competently practice his or her profession. The department 9 must include in each practitioner's practitioner profile the 10 following statement: "The criminal history information, if 11 any exists, may be incomplete; federal criminal history 12 information is not available to the public." 13 (4) The Department of Health shall include, with 14 respect to a practitioner licensed under chapter 458 or 15 chapter 459, Florida Statutes, a statement of how the 16 practitioner has elected to comply with the financial 17 responsibility requirements of section 458.320 or section 18 459.0085, Florida Statutes. The department shall include, with 19 respect to practitioners licensed under chapter 458, chapter 20 459, or chapter 461, Florida Statutes, information relating to 21 liability actions which has been reported under section 22 455.247 or section 627.912, Florida Statutes. Such claims 23 information shall be reported in the context of comparing an 24 individual practitioner's claims to the experience of other 25 physicians within the same specialty to the extent such 26 information is available to the Department of Health. If 27 information relating to a liability action is included in a 28 practitioner's practitioner profile, the profile must also 29 include the following statement: "Settlement of a claim may 30 occur for a variety of reasons that do not necessarily reflect 31 negatively on the professional competence or conduct of the 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 physician. A payment in settlement of a medical malpractice 2 action or claim should not be construed as creating a 3 presumption that medical malpractice has occurred." 4 (5) The Department of Health may include in the 5 practitioner's practitioner profile any other information that 6 is a public record of any governmental entity and that relates 7 to a practitioner's ability to competently practice his or her 8 profession. However, the department must consult with the 9 board having regulatory authority over the practitioner before 10 such information is included in his or her profile. 11 (6) Upon the completion of a practitioner profile 12 under this section, the Department of Health shall furnish the 13 practitioner who is the subject of the profile a copy of it. 14 The practitioner has a period of 30 days in which to review 15 the profile and to correct any factual inaccuracies in it. 16 The Department of Health shall make the profile available to 17 the public at the end of the 30-day period. The department 18 shall make the profiles available to the public through the 19 World Wide Web and other commonly used means of distribution. 20 (7) Making a practitioner profile available to the 21 public under this section does not constitute agency action 22 for which a hearing under section 120.57, Florida Statutes, 23 may be sought. 24 Section 3. The Department of Health shall update each 25 practitioner's practitioner profile periodically. An updated 26 profile is subject to the same requirements as an original 27 profile with respect to the period within which the 28 practitioner may review the profile for the purpose of 29 correcting factual inaccuracies. 30 Section 4. Effective upon this act becoming a law, the 31 Department of Health must develop or contract for a computer 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 system to accommodate the new data collection and storage 2 requirements under this act pending the development and 3 operation of a computer system by the Department of Health for 4 handling the collection, input, revision, and update of data 5 submitted by physicians as a part of their initial licensure 6 or renewal to be compiled into individual practitioner 7 profiles. The Department of Health must incorporate any data 8 required by this act into the computer system used in 9 conjunction with the regulation of health care professions 10 under its jurisdiction. The department must develop, by the 11 year 2000, a schedule and procedures for each practitioner 12 within a health care profession regulated within the Division 13 of Medical Quality Assurance to submit relevant information to 14 be compiled into a profile to be made available to the public. 15 The Department of Health is authorized to contract with and 16 negotiate any interagency agreement necessary to develop and 17 implement the practitioner profiles. The Department of Health 18 shall have access to any information or record maintained by 19 the Agency for Health Care Administration, including any 20 information or record that is otherwise confidential and 21 exempt from the provisions of chapter 119, Florida Statutes, 22 and Section 24(a), Article I of the State Constitution, so 23 that the Department of Health may corroborate any information 24 that physicians are required to report under section 1 of this 25 act. 26 Section 5. Effective upon this act becoming a law, the 27 Department of Health may adopt rules for the form of a 28 practitioner profile that the agency is required to prepare. 29 An agency to which information is to be submitted under this 30 act may adopt by rule a form for the submission of the 31 information required under section 1. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 Section 6. Information in superseded practitioner 2 profiles must be maintained by the Department of Health, in 3 accordance with general law and the rules of the Department of 4 State. 5 Section 7. Paragraph (g) is added to subsection (1) of 6 section 458.311, Florida Statutes, 1996 Supplement, to read: 7 458.311 Licensure by examination; requirements; 8 fees.-- 9 (1) Any person desiring to be licensed as a physician 10 shall apply to the department to take the licensure 11 examination. The department shall examine each applicant whom 12 the board certifies: 13 (g) Has submitted to the department a set of 14 fingerprints on a form and under procedures specified by the 15 department, along with a payment in an amount equal to the 16 costs incurred by the Department of Health for the criminal 17 background check of the applicant. 18 Section 8. Subsection (1) of section 458.313, Florida 19 Statutes, 1996 Supplement, is amended to read: 20 458.313 Licensure by endorsement; requirements; 21 fees.-- 22 (1) The department shall issue a license by 23 endorsement to any applicant who, upon applying to the 24 department and remitting a fee not to exceed $500 set by the 25 board, demonstrates to the board that he: 26 (a) Has met the qualifications for licensure in s. 27 458.311(1)(b)-(g) s. 458.311(1)(b)-(f); 28 (b) Has obtained a passing score, as established by 29 rule of the board, on the licensure examination of the 30 Federation of State Medical Boards of the United States, Inc. 31 (FLEX), the United States Medical Licensing Examination 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 (USMLE), or the examination of the National Board of Medical 2 Examiners, or on a combination thereof, provided that said 3 examination or combination of examinations required shall have 4 been so taken within the 10 years immediately preceding the 5 filing of his application for licensure under this section; 6 and 7 (c) Shows evidence of the active licensed practice of 8 medicine in another jurisdiction, for at least 2 of the 9 immediately preceding 4 years, or completion of board-approved 10 postgraduate training within the year preceding the filing of 11 an application for licensure. 12 Section 9. Subsection (1) of section 458.319, Florida 13 Statutes, is amended to read: 14 458.319 Renewal of license.-- 15 (1) The department shall renew a license upon receipt 16 of the renewal application, evidence that the applicant has 17 actively practiced medicine or has been on the active teaching 18 faculty of an accredited medical school within the previous 4 19 years, and a fee not to exceed $500; provided, however, that 20 if the licensee is either a resident physician, assistant 21 resident physician, fellow, house physician, or intern in an 22 approved postgraduate training program, as defined by the 23 board by rule, the fee shall not exceed $100 per annum. If 24 the licensee has not actively practiced medicine within the 25 previous 4 years, the board shall require that the licensee 26 successfully complete a board-approved clinical competency 27 examination prior to renewal of the license. "Actively 28 practiced medicine" means that practice of medicine by 29 physicians, including those employed by any governmental 30 entity in community or public health, as defined by this 31 chapter, including physicians practicing administrative 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 medicine. An applicant for a renewed license must also submit 2 the information required under section 1 and a set of 3 fingerprints to the department on a form and under procedures 4 specified by the department, along with payment in an amount 5 equal to the costs incurred by the Department of Health for 6 the criminal background check of the applicant for the initial 7 renewal of his or her license after the effective date of this 8 act. If the applicant fails to submit the information required 9 under section 1 and a set of fingerprints to the department, 10 the department shall issue a notice of noncompliance, and the 11 applicant will be given 30 additional days to comply. If the 12 applicant fails to comply within 30 days after the notice of 13 noncompliance is issued, the department or board, as 14 appropriate, may issue a citation to the applicant and may 15 fine the applicant up to $50 for each day that the applicant 16 is not in compliance with the requirements of section 1 of 17 this act. The citation must clearly state that the applicant 18 may choose, in lieu of accepting the citation, to follow the 19 procedure under s. 455.225. If the applicant disputes the 20 matter in the citation, the procedures set forth in s. 455.225 21 must be followed. However, if the applicant does not dispute 22 the matter in the citation with the department within 30 days 23 after the citation is served, the citation becomes a final 24 order and constitutes discipline. Service of a citation may be 25 made by personal service or certified mail, restricted 26 delivery, to the subject at the applicant's last known 27 address. If an applicant has submitted fingerprints to the 28 department for a national criminal history check upon initial 29 licensure and is renewing his or her license for the first 30 time, then the applicant need only submit the information and 31 fee required for a statewide criminal history check. 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 Section 10. Subsection (1) of section 459.0055, 2 Florida Statutes, 1996 Supplement, is amended to read: 3 459.0055 General licensure requirements.-- 4 (1) Except as otherwise provided herein, any person 5 desiring to be licensed or certified as an osteopathic 6 physician pursuant to this chapter shall: 7 (a) Complete an application form and submit the 8 appropriate fee to the department; 9 (b) Be at least 21 years of age; 10 (c) Be of good moral character; 11 (d) Have completed at least 3 years of preprofessional 12 postsecondary education; 13 (e) Have not previously committed any act which would 14 constitute a violation of this chapter, unless the board 15 determines that such act does not adversely affect the 16 applicant's present ability and fitness to practice 17 osteopathic medicine; 18 (f) Not be under investigation in any jurisdiction for 19 an act which would constitute a violation of this chapter. 20 If, upon completion of such investigation, it is determined 21 that the applicant has committed an act which would constitute 22 a violation of this chapter, the applicant shall be ineligible 23 for licensure unless the board determines that such act does 24 not adversely affect the applicant's present ability and 25 fitness to practice osteopathic medicine; 26 (g) Have not had an application for a license to 27 practice osteopathic medicine denied or a license to practice 28 osteopathic medicine revoked, suspended, or otherwise acted 29 against by the licensing authority of any jurisdiction unless 30 the board determines that the grounds on which such action was 31 taken do not adversely affect the applicant's present ability 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 and fitness to practice osteopathic medicine. A licensing 2 authority's acceptance of a physician's relinquishment of 3 license, stipulation, consent order, or other settlement, 4 offered in response to or in anticipation of the filing of 5 administrative charges against the osteopathic physician, 6 shall be considered action against the osteopathic physician's 7 license; 8 (h) Have met the criteria set forth in s. 459.006, s. 9 459.007, s. 459.0075, s. 459.0077, or s. 459.021, whichever is 10 applicable;. 11 (i) Submit to the department a set of fingerprints on 12 a form and under procedures specified by the department, along 13 with a payment in an amount equal to the costs incurred by the 14 Department of Health for the criminal background check of the 15 applicant. 16 Section 11. Subsection (1) of section 459.008, Florida 17 Statutes, is amended to read: 18 459.008 Renewal of licenses and certificates.-- 19 (1) The department shall renew a license or 20 certificate upon receipt of the renewal application and fee. 21 An applicant for a renewed license must also submit the 22 information required under section 1 and a set of fingerprints 23 to the department on a form and under procedures specified by 24 the department, along with payment in an amount equal to the 25 costs incurred by the Department of Health for the criminal 26 background check of the applicant for the initial renewal of 27 his or her license after the effective date of this act. If 28 the applicant fails to submit the information required under 29 section 1 and a set of fingerprints to the department, the 30 department shall issue a notice of noncompliance, and the 31 applicant will be given 30 additional days to comply. If the 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 applicant fails to comply within 30 days after the notice of 2 noncompliance is issued, the department or board, as 3 appropriate, may issue a citation to the applicant and may 4 fine the applicant up to $50 for each day that the applicant 5 is not in compliance with the requirements of section 1 of 6 this act. The citation must clearly state that the applicant 7 may choose, in lieu of accepting the citation, to follow the 8 procedure under s. 455.225. If the applicant disputes the 9 matter in the citation, the procedures set forth in s. 455.225 10 must be followed. However, if the applicant does not dispute 11 the matter in the citation with the department within 30 days 12 after the citation is served, the citation becomes a final 13 order and constitutes discipline. Service of a citation may be 14 made by personal service or certified mail, restricted 15 delivery, to the subject at the applicant's last known 16 address. If an applicant has submitted fingerprints to the 17 department for a national criminal history check upon initial 18 licensure and is renewing his or her license for the first 19 time, then the applicant need only submit the information and 20 fee required for a statewide criminal history check. 21 Section 12. Paragraph (g) is added to subsection (1) 22 of section 460.406, Florida Statutes, 1996 Supplement, to 23 read: 24 460.406 Licensure by examination.-- 25 (1) Any person desiring to be licensed as a 26 chiropractic physician shall apply to the department to take 27 the licensure examination. There shall be an application fee 28 set by the board not to exceed $100 which shall be 29 nonrefundable. There shall also be an examination fee not to 30 exceed $500 plus the actual per applicant cost to the 31 department for purchase of portions of the examination from 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 the National Board of Chiropractic Examiners or a similar 2 national organization, which may be refundable if the 3 applicant is found ineligible to take the examination. The 4 department shall examine each applicant who the board 5 certifies has: 6 (g) Submitted to the department a set of fingerprints 7 on a form and under procedures specified by the department, 8 along with payment in an amount equal to the costs incurred by 9 the Department of Health for the criminal background check of 10 the applicant. 11 Section 13. Subsection (1) of section 460.407, Florida 12 Statutes, is amended to read: 13 460.407 Renewal of license.-- 14 (1) The department shall renew a license upon receipt 15 of the renewal application and the fee set by the board not to 16 exceed $500. An applicant for a renewed license must also 17 submit the information required under section 1 and a set of 18 fingerprints to the department on a form and under procedures 19 specified by the department, along with payment in an amount 20 equal to the costs incurred by the Department of Health for 21 the criminal background check of the applicant for the initial 22 renewal of his or her license after the effective date of this 23 act. If the applicant fails to submit the information required 24 under section 1 and a set of fingerprints to the department, 25 the department shall issue a notice of noncompliance, and the 26 applicant will be given 30 additional days to comply. If the 27 applicant fails to comply within 30 days after the notice of 28 noncompliance is issued, the department or board, as 29 appropriate, may issue a citation to the applicant and may 30 fine the applicant up to $50 for each day that the applicant 31 is not in compliance with the requirements of section 1 of 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 this act. The citation must clearly state that the applicant 2 may choose, in lieu of accepting the citation, to follow the 3 procedure under s. 455.225. If the applicant disputes the 4 matter in the citation, the procedures set forth in s. 455.225 5 must be followed. However, if the applicant does not dispute 6 the matter in the citation with the department within 30 days 7 after the citation is served, the citation becomes a final 8 order and constitutes discipline. Service of a citation may be 9 made by personal service or certified mail, restricted 10 delivery, to the subject at the applicant's last known 11 address. If an applicant has submitted fingerprints to the 12 department for a national criminal history check upon initial 13 licensure and is renewing his or her license for the first 14 time, then the applicant need only submit the information and 15 fee required for a statewide criminal history check. 16 Section 14. Paragraph (f) is added to subsection (1) 17 of section 461.006, Florida Statutes, to read: 18 461.006 Licensure by examination.-- 19 (1) Any person desiring to be licensed as a podiatrist 20 shall apply to the department to take the licensure 21 examination. The department shall examine each applicant who 22 the board certifies: 23 (f) Has submitted to the department a set of 24 fingerprints on a form and under procedures specified by the 25 department, along with payment in an amount equal to the costs 26 incurred by the Department of Health for the criminal 27 background check of the applicant. 28 Section 15. Subsection (1) of section 461.007, Florida 29 Statutes, is amended to read: 30 461.007 Renewal of license.-- 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 (1) The department shall renew a license upon receipt 2 of the renewal application and a fee not to exceed $350 set by 3 the board. An applicant for a renewed license must also submit 4 the information required under section 1 and a set of 5 fingerprints to the department on a form and under procedures 6 specified by the department, along with payment in an amount 7 equal to the costs incurred by the Department of Health for 8 the criminal background check of the applicant for the initial 9 renewal of his or her license after the effective date of this 10 act. If the applicant fails to submit the information required 11 under section 1 and a set of fingerprints to the department, 12 the department shall issue a notice of noncompliance, and the 13 applicant will be given 30 additional days to comply. If the 14 applicant fails to comply within 30 days after the notice of 15 noncompliance is issued, the department or board, as 16 appropriate, may issue a citation to the applicant and may 17 fine the applicant up to $50 for each day that the applicant 18 is not in compliance with the requirements of section 1 of 19 this act. The citation must clearly state that the applicant 20 may choose, in lieu of accepting the citation, to follow the 21 procedure under s. 455.225. If the applicant disputes the 22 matter in the citation, the procedures set forth in s. 455.225 23 must be followed. However, if the applicant does not dispute 24 the matter in the citation with the department within 30 days 25 after the citation is served, the citation becomes a final 26 order and constitutes discipline. Service of a citation may be 27 made by personal service or certified mail, restricted 28 delivery, to the subject at the applicant's last known 29 address. If an applicant has submitted fingerprints to the 30 department for a national criminal history check upon initial 31 licensure and is renewing his or her license for the first 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 time, then the applicant need only submit the information and 2 fee required for a statewide criminal history check. 3 Section 16. Section 455.225, Florida Statutes, 1996 4 Supplement, is amended to read: 5 455.225 Disciplinary proceedings.--Disciplinary 6 proceedings for each board shall be within the jurisdiction of 7 the department or the Agency for Health Care Administration, 8 as appropriate. 9 (1)(a) The department or the Agency for Health Care 10 Administration, for the boards under their respective 11 jurisdictions, shall cause to be investigated any complaint 12 that is filed before it if the complaint is in writing, signed 13 by the complainant, and legally sufficient. A complaint is 14 legally sufficient if it contains ultimate facts that show 15 that a violation of this chapter, of any of the practice acts 16 relating to the professions regulated by the department or the 17 agency, or of any rule adopted by the department, the agency, 18 or a regulatory board in the department or the agency has 19 occurred. In order to determine legal sufficiency, the 20 department or the agency may require supporting information or 21 documentation. The department or the agency may investigate, 22 and the department, the agency, or the appropriate board may 23 take appropriate final action on, a complaint even though the 24 original complainant withdraws it or otherwise indicates a 25 desire not to cause the complaint to be investigated or 26 prosecuted to completion. The department or the agency may 27 investigate an anonymous complaint if the complaint is in 28 writing and is legally sufficient, if the alleged violation of 29 law or rules is substantial, and if the department or the 30 agency has reason to believe, after preliminary inquiry, that 31 the alleged violations in the complaint are true. The 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 department or the agency may investigate a complaint made by a 2 confidential informant if the complaint is legally sufficient, 3 if the alleged violation of law or rule is substantial, and if 4 the department or the agency has reason to believe, after 5 preliminary inquiry, that the allegations of the complainant 6 are true. The department or the agency may initiate an 7 investigation if it has reasonable cause to believe that a 8 licensee or a group of licensees has violated a Florida 9 statute, a rule of the department, a rule of the agency, or a 10 rule of a board. 11 (b) Except as provided in ss. 458.331(9), 459.015(9), 12 460.413(5), and 461.013(6), when an investigation of any 13 subject is undertaken, the department or the agency shall 14 promptly furnish to the subject or the subject's attorney a 15 copy of the complaint or document that resulted in the 16 initiation of the investigation. The subject may submit a 17 written response to the information contained in such 18 complaint or document within 20 days after service to the 19 subject of the complaint or document. The subject's written 20 response shall be considered by the probable cause panel. The 21 right to respond does not prohibit the issuance of a summary 22 emergency order if necessary to protect the public. However, 23 if the secretary, or the secretary's designee, and the 24 chairman of the respective board or the chairman of its 25 probable cause panel agree in writing that such notification 26 would be detrimental to the investigation, the department or 27 the agency may withhold notification. The department or the 28 agency may conduct an investigation without notification to 29 any subject if the act under investigation is a criminal 30 offense. 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 (2) The department and the Agency for Health Care 2 Administration shall allocate sufficient and adequately 3 trained staff to expeditiously and thoroughly determine legal 4 sufficiency and investigate all legally sufficient complaints. 5 For purposes of this section, it is the intent of the 6 Legislature that the term "expeditiously" means that the 7 agency, for disciplinary cases under its jurisdiction, 8 complete the report of its initial investigative findings and 9 recommendations concerning the existence of probable cause 10 within 6 months after its receipt of the complaint. The 11 failure of the agency, for disciplinary cases under its 12 jurisdiction, to comply with the time limits of this section 13 while investigating a complaint against a licensee constitutes 14 harmless error in any subsequent disciplinary action unless a 15 court finds that either the fairness of the proceeding or the 16 correctness of the action may have been impaired by a material 17 error in procedure or a failure to follow prescribed 18 procedure. When its investigation is complete and legally 19 sufficient, the department or the agency shall prepare and 20 submit to the probable cause panel of the appropriate 21 regulatory board the investigative report of the department or 22 the agency. The report shall contain the investigative 23 findings and the recommendations of the department or the 24 agency concerning the existence of probable cause. At any time 25 after legal sufficiency is found, the department or the agency 26 may dismiss any case, or any part thereof, if the department 27 or the agency determines that there is insufficient evidence 28 to support the prosecution of allegations contained therein. 29 The department or the agency shall provide a detailed report 30 to the appropriate probable cause panel prior to dismissal of 31 any case or part thereof, and to the subject of the complaint 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 after dismissal of any case or part thereof, under this 2 section. For cases dismissed prior to a finding of probable 3 cause, such report is confidential and exempt from s. 4 119.07(1). The probable cause panel shall have access, upon 5 request, to the investigative files pertaining to a case prior 6 to dismissal of such case. If the department or the agency 7 dismisses a case, the probable cause panel may retain 8 independent legal counsel, employ investigators, and continue 9 the investigation and prosecution of the case as it deems 10 necessary. 11 (3) The Agency for Health Care Administration shall 12 issue an emergency order suspending the license of any 13 physician licensed under chapter 458 or any osteopathic 14 physician licensed under chapter 459 who the agency has 15 reasonable cause to believe has violated the provisions of s. 16 458.320 or s. 459.0085. 17 (4)(3) As an alternative to the provisions of 18 subsections (1) and (2), when a complaint is received, the 19 department or the agency may provide a licensee with a notice 20 of noncompliance for an initial offense of a minor violation. 21 Each board, or the department or the agency if there is no 22 board, shall establish by rule those minor violations under 23 this provision which do not endanger the public health, 24 safety, and welfare and which do not demonstrate a serious 25 inability to practice the profession. Failure of a licensee to 26 take action in correcting the violation within 15 days after 27 notice may result in the institution of regular disciplinary 28 proceedings. 29 (5)(4) The determination as to whether probable cause 30 exists shall be made by majority vote of a probable cause 31 panel of the board, or by the department or the Agency for 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 Health Care Administration, as appropriate. Each regulatory 2 board shall provide by rule that the determination of probable 3 cause shall be made by a panel of its members or by the 4 department or the agency. Each board may provide by rule for 5 multiple probable cause panels composed of at least two 6 members. Each board may provide by rule that one or more 7 members of the panel or panels may be a former board member. 8 The length of term or repetition of service of any such former 9 board member on a probable cause panel may vary according to 10 the direction of the board when authorized by board rule. Any 11 probable cause panel must include one of the board's former or 12 present consumer members, if one is available, willing to 13 serve, and is authorized to do so by the board chairman. Any 14 probable cause panel must include a present board member. Any 15 probable cause panel must include a former or present 16 professional board member. However, any former professional 17 board member serving on the probable cause panel must hold an 18 active valid license for that profession. All proceedings of 19 the panel are exempt from s. 286.011 until 10 days after 20 probable cause has been found to exist by the panel or until 21 the subject of the investigation waives his privilege of 22 confidentiality. The probable cause panel may make a 23 reasonable request, and upon such request the department or 24 the agency shall provide such additional investigative 25 information as is necessary to the determination of probable 26 cause. A request for additional investigative information 27 shall be made within 15 days from the date of receipt by the 28 probable cause panel of the investigative report of the 29 department or the agency. The probable cause panel or the 30 department or the agency, as may be appropriate, shall make 31 its determination of probable cause within 30 days after 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 receipt by it of the final investigative report of the 2 department or the agency. The secretary may grant extensions 3 of the 15-day and the 30-day time limits. If the probable 4 cause panel does not find probable cause within the 30-day 5 time limit, as may be extended, or if the probable cause panel 6 finds no probable cause, the department or the agency may 7 determine, within 10 days after the panel fails to determine 8 probable cause or 10 days after the time limit has elapsed, 9 that probable cause exists. In lieu of a finding of probable 10 cause, the probable cause panel, or the department or the 11 agency when there is no board, may issue a letter of guidance 12 to the subject. If, within the 30-day time limit, as may be 13 extended, the probable cause panel does not make a 14 determination regarding the existence of probable cause or 15 does not issue a letter of guidance in lieu of a finding of 16 probable cause, the agency, for disciplinary cases under its 17 jurisdiction, must make a determination regarding the 18 existence of probable cause within 10 days after the panel 19 fails to determine probable cause or issue a letter of 20 guidance. If the probable cause panel finds that probable 21 cause exists, it shall direct the department or the agency to 22 file a formal complaint against the licensee. The department 23 or the agency shall follow the directions of the probable 24 cause panel regarding the filing of a formal complaint. If 25 directed to do so, the department or the agency shall file a 26 formal complaint against the subject of the investigation and 27 prosecute that complaint pursuant to chapter 120. However, the 28 department or the agency may decide not to prosecute the 29 complaint if it finds that probable cause had been 30 improvidently found by the panel. In such cases, the 31 department or the agency shall refer the matter to the board. 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 The board may then file a formal complaint and prosecute the 2 complaint pursuant to chapter 120. The department or the 3 agency shall also refer to the board any investigation or 4 disciplinary proceeding not before the Division of 5 Administrative Hearings pursuant to chapter 120 or otherwise 6 completed by the department or the agency within 1 year after 7 the filing of a complaint. The agency, for disciplinary cases 8 under its jurisdiction, must establish a uniform reporting 9 system to quarterly refer to each board the status of any 10 investigation or disciplinary proceeding that is not before 11 the Division of Administrative Hearings or otherwise completed 12 by the department or agency within 1 year after the filing of 13 the complaint. Annually, the agency, for disciplinary cases 14 under its jurisdiction if there is no board, or each board 15 must establish a plan to reduce or otherwise close any 16 investigation or disciplinary proceeding that is not before 17 the Division of Administrative Hearings or otherwise completed 18 by the agency within 1 year after the filing of the complaint. 19 A probable cause panel or a board may retain independent legal 20 counsel, employ investigators, and continue the investigation 21 as it deems necessary; all costs thereof shall be paid from 22 the Health Care Trust Fund or the Professional Regulation 23 Trust Fund, as appropriate. All proceedings of the probable 24 cause panel are exempt from s. 120.525. 25 (6)(5) A formal hearing before an administrative law 26 judge from the Division of Administrative Hearings shall be 27 held pursuant to chapter 120 if there are any disputed issues 28 of material fact. The administrative law judge shall issue a 29 recommended order pursuant to chapter 120. If any party raises 30 an issue of disputed fact during an informal hearing, the 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 hearing shall be terminated and a formal hearing pursuant to 2 chapter 120 shall be held. 3 (7)(6) The appropriate board, with those members of 4 the panel, if any, who reviewed the investigation pursuant to 5 subsection (5) (4) being excused, or the department when there 6 is no board, shall determine and issue the final order in each 7 disciplinary case. Such order shall constitute final agency 8 action. Any consent order or agreed settlement shall be 9 subject to the approval of the department or the agency. 10 (8)(7) The department or the Agency for Health Care 11 Administration, as appropriate, shall have standing to seek 12 judicial review of any final order of the board, pursuant to 13 s. 120.68. 14 (9)(8) Any proceeding for the purpose of summary 15 suspension of a license, or for the restriction of the 16 license, of a licensee pursuant to s. 120.60(6) shall be 17 conducted by the Secretary of Business and Professional 18 Regulation or his designee or the Director of Health Care 19 Administration or his designee, as appropriate, who shall 20 issue the final summary order. 21 (10)(a)(9) The department or the Agency for Health 22 Care Administration, as appropriate, shall periodically notify 23 the person who filed the complaint of the status of the 24 investigation, whether probable cause has been found, and the 25 status of any civil action or administrative proceeding or 26 appeal. 27 (b) In any disciplinary case under the jurisdiction of 28 the Agency for Health Care Administration for which probable 29 cause has been found, the Agency for Health Care 30 Administration shall provide to the person who filed the 31 complaint a copy of the administrative complaint and: 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 1. A written explanation of how an administrative 2 complaint is resolved by the disciplinary process. 3 2. A written explanation of how and when the person 4 may participate in the disciplinary process. 5 3. A written notice of any hearing before the Division 6 of Administrative Hearings or the regulatory board for which 7 final agency action is taken. 8 (c) In any disciplinary case for which probable cause 9 is not found, the Agency for Health Care Administration shall 10 so inform the person who filed the complaint and notify that 11 person that he or she may, within 60 days, provide any 12 additional information to the probable cause panel which may 13 be relevant to the decision. In any administrative proceeding 14 under s. 120.57, the person who filed the disciplinary 15 complaint shall have the right to present oral or written 16 communication relating to the alleged disciplinary violations 17 or to the appropriate penalty. 18 (11)(10) The complaint and all information obtained 19 pursuant to the investigation by the department or the Agency 20 for Health Care Administration are confidential and exempt 21 from s. 119.07(1) until 10 days after probable cause has been 22 found to exist by the probable cause panel or by the 23 department or the agency, or until the regulated professional 24 or subject of the investigation waives his privilege of 25 confidentiality, whichever occurs first. Upon completion of 26 the investigation and pursuant to a written request by the 27 subject, the department or the agency shall provide the 28 subject an opportunity to inspect the investigative file or, 29 at the subject's expense, forward to the subject a copy of the 30 investigative file. Notwithstanding s. 455.241, the subject 31 may inspect or receive a copy of any expert witness report or 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 patient record connected with the investigation, if the 2 subject agrees in writing to maintain the confidentiality of 3 any information received under this subsection until 10 days 4 after probable cause is found and to maintain the 5 confidentiality of patient records pursuant to s. 455.241. The 6 subject may file a written response to the information 7 contained in the investigative file. Such response must be 8 filed within 20 days, unless an extension of time has been 9 granted by the department or the agency. This subsection does 10 not prohibit the department or the Agency for Health Care 11 Administration from providing such information to any law 12 enforcement agency or to any other regulatory agency. 13 (12)(11) A privilege against civil liability is hereby 14 granted to any complainant or any witness with regard to 15 information furnished with respect to any investigation or 16 proceeding pursuant to this section, unless the complainant or 17 witness acted in bad faith or with malice in providing such 18 information. 19 (13)(12)(a) No person who reports in any capacity, 20 whether or not required by law, information to the department 21 or the Division of Health Quality Assurance of the Agency for 22 Health Care Administration with regard to the incompetence, 23 impairment, or unprofessional conduct of any health care 24 provider licensed under chapter 458, chapter 459, chapter 460, 25 chapter 461, chapter 462, chapter 463, chapter 464, chapter 26 465, or chapter 466 shall be held liable in any civil action 27 for reporting against such health care provider if such person 28 acts without intentional fraud or malice. 29 (b) No facility licensed under chapter 395, health 30 maintenance organization certificated under part I of chapter 31 641, physician licensed under chapter 458, or osteopathic 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 physician licensed under chapter 459 shall discharge, threaten 2 to discharge, intimidate, or coerce any employee or staff 3 member by reason of such employee's or staff member's report 4 to the agency about a physician licensed under chapter 458, 5 chapter 459, chapter 460, chapter 461, or chapter 466 who may 6 be guilty of incompetence, impairment, or unprofessional 7 conduct so long as such report is given without intentional 8 fraud or malice. 9 (c) In any civil suit brought outside the protections 10 of paragraphs (a) and (b), where intentional fraud or malice 11 is alleged, the person alleging intentional fraud or malice 12 shall be liable for all court costs and for the other party's 13 reasonable attorney's fees if intentional fraud or malice is 14 not proved. 15 Section 17. Present subsections (8) and (9) of section 16 455.2285, Florida Statutes, are renumbered as subsections (9) 17 and (10), respectively, and a new subsection (8) is added to 18 that section, to read: 19 455.2285 Annual report concerning finances, 20 administrative complaints, disciplinary actions, and 21 recommendations.--The department and the Agency for Health 22 Care Administration are each directed to prepare and submit a 23 report to the President of the Senate and Speaker of the House 24 of Representatives by November 1 of each year. In addition to 25 finances and any other information the Legislature may 26 require, the report shall include statistics and relevant 27 information, profession by profession, detailing: 28 (8) A description of any effort by the agency, for any 29 disciplinary cases under its jurisdiction, to reduce or 30 otherwise close any investigation or disciplinary proceeding 31 not before the Division of Administrative Hearings under 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 chapter 120 or otherwise not completed within 1 year after the 2 initial filing of a complaint under this chapter. 3 Section 18. Section 455.2478, Florida Statutes, is 4 created to read: 5 455.2478 Reports of professional liability actions; 6 bankruptcies; Department of Health's responsibility to 7 provide.-- 8 (1) The report of a claim or action for damages for 9 personal injury which is required to be provided to the 10 Department of Health under s. 455.247 or s. 627.912 is public 11 information except for the name of the claimant or injured 12 person, which remains confidential as provided in s. 13 455.247(2)(d) and s. 627.912(2)(e). The Department of Health 14 shall, upon request, make such report available to any person. 15 (2) Any information in the possession of the Department 16 of Health which relates to a bankruptcy proceeding by a 17 practitioner of medicine licensed under chapter 458, a 18 practitioner of osteopathic medicine licensed under chapter 19 459, a podiatrist licensed under chapter 461, or a dentist 20 licensed under chapter 466 is public information. The 21 Department of Health shall, upon request, make such 22 information available to any person. 23 Section 19. Section 627.912, Florida Statutes, 1996 24 Supplement, is amended to read: 25 627.912 Professional liability claims and actions; 26 reports by insurers.-- 27 (1) Each self-insurer authorized under s. 627.357 and 28 each insurer or joint underwriting association providing 29 professional liability insurance to a practitioner of medicine 30 licensed under pursuant to the provisions of chapter 458, to a 31 practitioner of osteopathic medicine licensed under pursuant 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 to the provisions of chapter 459, to a podiatrist licensed 2 under pursuant to the provisions of chapter 461, to a dentist 3 licensed under pursuant to the provisions of chapter 466, to a 4 hospital licensed under pursuant to the provisions of chapter 5 395, to a crisis stabilization unit licensed under part IV of 6 chapter 394, to a health maintenance organization certificated 7 under part I of chapter 641, to clinics included in chapter 8 390, to an ambulatory surgical center as defined in s. 9 395.002, or to a member of The Florida Bar shall report in 10 duplicate to the Department of Insurance any claim or action 11 for damages for personal injuries claimed to have been caused 12 by error, omission, or negligence in the performance of such 13 insured's professional services or based on a claimed 14 performance of professional services without consent, if the 15 claim resulted in: 16 (a) A final judgment in any amount. 17 (b) A settlement in any amount. 18 (c) A final disposition not resulting in payment on 19 behalf of the insured. 20 21 Reports shall be filed with the department and, if the insured 22 party is licensed under pursuant to chapter 458, chapter 459, 23 chapter 461, or chapter 466, with the Agency for Health Care 24 Administration Department of Business and Professional 25 Regulation, no later than 30 60 days following the occurrence 26 of any event listed in paragraph (a), paragraph (b), or 27 paragraph (c). The Agency for Health Care Administration 28 Department of Business and Professional Regulation shall 29 review each report and determine whether any of the incidents 30 that resulted in the claim potentially involved conduct by the 31 licensee that is subject to disciplinary action, in which case 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 the provisions of s. 455.225 shall apply. The Agency for 2 Health Care Administration Department of Business and 3 Professional Regulation, as part of the annual report required 4 by s. 455.2285, shall publish annual statistics, without 5 identifying licensees, on the reports it receives, including 6 final action taken on such reports by the agency Department of 7 Business and Professional Regulation or the appropriate 8 regulatory board. 9 (2) The reports required by subsection (1) shall 10 contain: 11 (a) The name, address, and specialty coverage of the 12 insured. 13 (b) The insured's policy number. 14 (c) The date of the occurrence which created the 15 claim. 16 (d) The date the claim was reported to the insurer or 17 self-insurer. 18 (e) The name and address of the injured person. This 19 information is confidential and exempt from the provisions of 20 s. 119.07(1), and must not be disclosed by the department 21 without the injured person's consent, except for disclosure by 22 the department to the Agency for Health Care Administration 23 Department of Business and Professional Regulation. This 24 information may be used by the department for purposes of 25 identifying multiple or duplicate claims arising out of the 26 same occurrence. 27 (f) The date of suit, if filed. 28 (g) The injured person's age and sex. 29 (h) The total number and names of all defendants 30 involved in the claim. 31 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 (i) The date and amount of judgment or settlement, if 2 any, including the itemization of the verdict as required 3 under s. 768.48, together with a copy of the settlement or 4 judgment. 5 (j) In the case of a settlement, such information as 6 the department may require with regard to the injured person's 7 incurred and anticipated medical expense, wage loss, and other 8 expenses. 9 (k) The loss adjustment expense paid to defense 10 counsel, and all other allocated loss adjustment expense paid. 11 (l) The date and reason for final disposition, if no 12 judgment or settlement. 13 (m) A summary of the occurrence which created the 14 claim, which shall include: 15 1. The name of the institution, if any, and the 16 location within the institution at which the injury occurred. 17 2. The final diagnosis for which treatment was sought 18 or rendered, including the patient's actual condition. 19 3. A description of the misdiagnosis made, if any, of 20 the patient's actual condition. 21 4. The operation, diagnostic, or treatment procedure 22 causing the injury. 23 5. A description of the principal injury giving rise 24 to the claim. 25 6. The safety management steps that have been taken by 26 the insured to make similar occurrences or injuries less 27 likely in the future. 28 (n) Any other information required by the department 29 to analyze and evaluate the nature, causes, location, cost, 30 and damages involved in professional liability cases. 31 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 (3) Upon request by the Agency for Health Care 2 Administration Department of Business and Professional 3 Regulation, the department shall provide the that agency 4 department with any information received under pursuant to 5 this section related to persons licensed under chapter 458, 6 chapter 459, chapter 461, or chapter 466. For purposes of 7 safety management, the department shall annually provide the 8 Department of Health and Rehabilitative Services with copies 9 of the reports in cases resulting in an indemnity being paid 10 to the claimants. 11 (4) There shall be no liability on the part of, and no 12 cause of action of any nature shall arise against, Any insurer 13 reporting hereunder or its agents or employees or the 14 department or its employees is not liable for any action taken 15 by them under pursuant to this section, except that the 16 department shall impose a fine of $250 per day per case 17 against an insurer that violates the requirements of this 18 section. This subsection applies to claims accruing on or 19 after October 1, 1997. 20 Section 20. The Agency for Health Care Administration 21 shall establish a toll-free telephone number for public 22 reporting of complaints relating to medical treatment or 23 services provided by health care professionals. 24 Section 21. Except as otherwise provided in this act, 25 this act shall take effect October 1, 1997. 26 27 28 29 30 31 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1993 252-343A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Requires physicians, osteopathic physicians, podiatrists, 4 and chiropractors to furnish specified biographical and other data to the Department of Health. Requires the 5 department to verify certain of the information and compile the information submitted and other public record 6 information into a practitioner profile of each licensee and to make the profiles available to the public. 7 Provides for rules. Provides duties of practitioners to update information and duties of the department to update 8 profiles. Provides for retention of information in superseded profiles. Requires applicants for licensure or 9 relicensure as a physician, osteopathic physician, chiropractor, or podiatrist to submit information, 10 fingerprints, and fees. Provides for citations to, and fines of, certain practitioners. 11 12 Revises procedures to discipline professionals. Requires the Agency for Health Care Administration or appropriate 13 regulatory boards to establish plans to resolve incomplete investigations or disciplinary proceedings. 14 Requires the agency to issue an emergency order suspending the license of a physician or osteopathic 15 physician for certain violations. Requires additional information in the annual report by the department and by 16 the agency. Provides that reports on professional liability actions and information relating to bankruptcy 17 proceedings of specified health care practitioners which are in the possession of the department are public 18 records. Requires the department to make such information available to persons who request it. Provides for insurer 19 reporting of professional liability claims and actions. Revises the timeframe for reporting. Provides for a 20 toll-free telephone number for reporting complaints relating to medical care. 21 22 See bill for details. 23 24 25 26 27 28 29 30 31 36