HOUSE AMENDMENT

                                                  Bill No. HB 1847

    Amendment No. 02 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Judiciary offered the following:

12

13         Amendment 

14         On page 2, line 4, through page 3, line 22 and on page

15  4, line 11 through page 5, line 29,

16  remove from the bill:  all of said lines

17

18  insert in lieu thereof:

19         (4)  For purposes of notification to the department

20  pursuant to this section, the term "adverse incident" means an

21  event over which the physician or licensee could exercise

22  control and which is associated in whole or in part with a

23  medical intervention, rather than the condition for which such

24  intervention occurred, and which results in the following

25  patient injuries:

26         (a)  The death of a patient.

27         (b)  Brain or spinal damage to a patient.

28         (c)  The performance of a surgical procedure on the

29  wrong patient.

30         (d)1.  The performance of a wrong-site surgical

31  procedure;

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    File original & 9 copies    03/31/99
    hju0004                     09:57 am         01847-jud -570939




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1847

    Amendment No. 02 (for drafter's use only)





 1         2.  The performance of a wrong surgical procedure; or

 2         3.  The surgical repair of damage to a patient

 3  resulting from a planned surgical procedure where the damage

 4  is not a recognized specific risk as disclosed to the patient

 5  and documented through the informed-consent process

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 7  if it results in: death; brain or spinal damage; permanent

 8  disfigurement not to include the incision scar; fracture or

 9  dislocation of bones or joints; a limitation of neurological,

10  physical or sensory function; or any condition that required

11  the transfer of the patient.

12         (e)  A procedure to remove unplanned foreign objects

13  remaining from a surgical procedure.

14         (f)  Any condition that required the transfer of a

15  patient to a hospital licensed under chapter 395 from an

16  ambulatory surgical center licensed under chapter 395 or any

17  facility or any office maintained by a physician for the

18  practice of medicine which is not licensed under chapter 395.

19         (5)  The department shall review each incident and

20  determine whether it potentially involved conduct by a health

21  care professional who is subject to disciplinary action, in

22  which case s. 455.621 applies. Disciplinary action, if any,

23  shall be taken by the board under which the health care

24  professional is licensed.

25         (6)  The board may adopt rules to administer this

26  section.

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    File original & 9 copies    03/31/99
    hju0004                     09:57 am         01847-jud -570939