SENATE AMENDMENT
    Bill No. CS/HB 507, 2nd Eng.
    Amendment No. ___   Barcode 240338
                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 64, line 26, through
15            page 66, line 30, delete those lines
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17  and insert:  
18         Section 57.  Paragraphs (t) and (v) of subsection (1)
19  and subsection (6) of section 458.331, Florida Statutes, are
20  amended to read:
21         458.331  Grounds for disciplinary action; action by the
22  board and department.--
23         (1)  The following acts constitute grounds for denial
24  of a license or disciplinary action, as specified in s.
25  456.072(2):
26         (t)  Gross or repeated malpractice or the failure to
27  practice medicine with that level of care, skill, and
28  treatment which is recognized by a reasonably prudent similar
29  physician as being acceptable under similar conditions and
30  circumstances.  The board shall give great weight to the
31  provisions of s. 766.102 when enforcing this paragraph.  As
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    11:14 AM   03/21/02                             h0507c1c-38102

SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 240338 1 used in this paragraph, "repeated malpractice" includes, but 2 is not limited to, three or more claims for medical 3 malpractice within the previous 5-year period resulting in 4 indemnities being paid in excess of $50,000 $25,000 each to 5 the claimant in a judgment or settlement and which incidents 6 involved negligent conduct by the physician. As used in this 7 paragraph, "gross malpractice" or "the failure to practice 8 medicine with that level of care, skill, and treatment which 9 is recognized by a reasonably prudent similar physician as 10 being acceptable under similar conditions and circumstances," 11 shall not be construed so as to require more than one 12 instance, event, or act. Nothing in this paragraph shall be 13 construed to require that a physician be incompetent to 14 practice medicine in order to be disciplined pursuant to this 15 paragraph. 16 (v) Practicing or offering to practice beyond the 17 scope permitted by law or accepting and performing 18 professional responsibilities which the licensee knows or has 19 reason to know that he or she is not competent to perform. The 20 board may establish by rule standards of practice and 21 standards of care for particular practice settings, including, 22 but not limited to, education and training, equipment and 23 supplies, medications including anesthetics, assistance of and 24 delegation to other personnel, except licensed practitioners 25 under s. 464.012(4)(a), who may continue to practice under the 26 supervision of the operating room surgeon in accordance with 27 chapter 464, transfer agreements, sterilization, records, 28 performance of complex or multiple procedures, informed 29 consent, and policy and procedure manuals. 30 (6) Upon the department's receipt from an insurer or 31 self-insurer of a report of a closed claim against a physician 2 11:14 AM 03/21/02 h0507c1c-38102
SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 240338 1 pursuant to s. 627.912 or from a health care practitioner of a 2 report pursuant to s. 456.049, or upon the receipt from a 3 claimant of a presuit notice against a physician pursuant to 4 s. 766.106, the department shall review each report and 5 determine whether it potentially involved conduct by a 6 licensee that is subject to disciplinary action, in which case 7 the provisions of s. 456.073 shall apply. However, if it is 8 reported that a physician has had three or more claims with 9 indemnities exceeding $50,000 $25,000 each within the previous 10 5-year period, the department shall investigate the 11 occurrences upon which the claims were based and determine 12 whether if action by the department against the physician is 13 warranted. 14 Section 58. Paragraphs (x) and (z) of subsection (1) 15 and subsection (6) of section 459.015, Florida Statutes, are 16 amended to read: 17 459.015 Grounds for disciplinary action; action by the 18 board and department.-- 19 (1) The following acts constitute grounds for denial 20 of a license or disciplinary action, as specified in s. 21 456.072(2): 22 (x) Gross or repeated malpractice or the failure to 23 practice osteopathic medicine with that level of care, skill, 24 and treatment which is recognized by a reasonably prudent 25 similar osteopathic physician as being acceptable under 26 similar conditions and circumstances. The board shall give 27 great weight to the provisions of s. 766.102 when enforcing 28 this paragraph. As used in this paragraph, "repeated 29 malpractice" includes, but is not limited to, three or more 30 claims for medical malpractice within the previous 5-year 31 period resulting in indemnities being paid in excess of 3 11:14 AM 03/21/02 h0507c1c-38102
SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 240338 1 $50,000 $25,000 each to the claimant in a judgment or 2 settlement and which incidents involved negligent conduct by 3 the osteopathic physician. As used in this paragraph, "gross 4 malpractice" or "the failure to practice osteopathic medicine 5 with that level of care, skill, and treatment which is 6 recognized by a reasonably prudent similar osteopathic 7 physician as being acceptable under similar conditions and 8 circumstances" shall not be construed so as to require more 9 than one instance, event, or act. Nothing in this paragraph 10 shall be construed to require that an osteopathic physician be 11 incompetent to practice osteopathic medicine in order to be 12 disciplined pursuant to this paragraph. A recommended order 13 by an administrative law judge or a final order of the board 14 finding a violation under this paragraph shall specify whether 15 the licensee was found to have committed "gross malpractice," 16 "repeated malpractice," or "failure to practice osteopathic 17 medicine with that level of care, skill, and treatment which 18 is recognized as being acceptable under similar conditions and 19 circumstances," or any combination thereof, and any 20 publication by the board shall so specify. 21 (z) Practicing or offering to practice beyond the 22 scope permitted by law or accepting and performing 23 professional responsibilities which the licensee knows or has 24 reason to know that he or she is not competent to perform. The 25 board may establish by rule standards of practice and 26 standards of care for particular practice settings, including, 27 but not limited to, education and training, equipment and 28 supplies, medications including anesthetics, assistance of and 29 delegation to other personnel, except licensed practitioners 30 under s. 464.012(4)(a), who may continue to practice under the 31 supervision of the operating surgeon in accordance with 4 11:14 AM 03/21/02 h0507c1c-38102
SENATE AMENDMENT Bill No. CS/HB 507, 2nd Eng. Amendment No. ___ Barcode 240338 1 chapter 464, transfer agreements, sterilization, records, 2 performance of complex or multiple procedures, informed 3 consent, and policy and procedure manuals. 4 (6) Upon the department's receipt from an insurer or 5 self-insurer of a report of a closed claim against an 6 osteopathic physician pursuant to s. 627.912 or from a health 7 care practitioner of a report pursuant to s. 456.049, or upon 8 the receipt from a claimant of a presuit notice against an 9 osteopathic physician pursuant to s. 766.106, the department 10 shall review each report and determine whether it potentially 11 involved conduct by a licensee that is subject to disciplinary 12 action, in which case the provisions of s. 456.073 shall 13 apply. However, if it is reported that an osteopathic 14 physician has had three or more claims with indemnities 15 exceeding $50,000 $25,000 each within the previous 5-year 16 period, the department shall investigate the occurrences upon 17 which the claims were based and determine whether if action by 18 the department against the osteopathic physician is warranted. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 8, line 15, after the first semicolon, 24 25 insert: 26 providing an exemption from disciplinary action 27 for specified personnel; 28 29 30 31 5 11:14 AM 03/21/02 h0507c1c-38102