HOUSE AMENDMENT
Bill No. HB 1713
   
1 CHAMBER ACTION
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Senate House
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12          Representative Galvano offered the following:
13         
14          Amendment (with title amendment)
15          Remove line(s) 1381-1389, and insert:
16          Section 42. Effective July 1, 2006, subsections (4) and
17    (5) of section 458.320, Florida Statutes, are amended to read:
18          458.320 Financial responsibility.--
19          (4)(a) Each insurer, self-insurer, risk retention group,
20    or Joint Underwriting Association shall promptly notify the
21    department of cancellation or nonrenewal of insurance required
22    by this section. Unless the physician demonstrates that he or
23    she is otherwise in compliance with the requirements of this
24    section, the department shall suspend the license of the
25    physician pursuant to ss. 120.569 and 120.57 and notify all
26    health care facilities licensed under chapter 395 of such
27    action. Any suspension under this subsection shall remain in
28    effect until the physician demonstrates compliance with the
29    requirements of this section, except that a license suspended
30    under paragraph (5)(g) shall not be reinstated until the
31    physician demonstrates compliance with the requirements of that
32    provision.
33          (b) If financial responsibility requirements are met by
34    maintaining an escrow account or letter of credit as provided in
35    this section, upon the entry of an adverse final judgment
36    arising from a medical malpractice arbitration award, from a
37    claim of medical malpractice either in contract or tort, or from
38    noncompliance with the terms of a settlement agreement arising
39    from a claim of medical malpractice either in contract or tort,
40    the licensee shall pay the entire amount of the judgment
41    together with all accrued interest, or the amount maintained in
42    the escrow account or provided in the letter of credit as
43    required by this section, whichever is less, within 60 days
44    after the date such judgment became final and subject to
45    execution, unless otherwise mutually agreed to in writing by the
46    parties. If timely payment is not made by the physician, the
47    department shall suspend the license of the physician pursuant
48    to procedures set forth in subparagraphs (5)(g)3., 4., and 5.
49    Nothing in this paragraph shall abrogate a judgment debtor's
50    obligation to satisfy the entire amount of any judgment.
51          (5) The requirements of subsections (1), (2), and (3)
52    shall not apply to:
53          (a) Any person licensed under this chapter who practices
54    medicine exclusively as an officer, employee, or agent of the
55    Federal Government or of the state or its agencies or its
56    subdivisions. For the purposes of this subsection, an agent of
57    the state, its agencies, or its subdivisions is a person who is
58    eligible for coverage under any self-insurance or insurance
59    program authorized by the provisions of s. 768.28(15).
60          (b) Any person whose license has become inactive under
61    this chapter and who is not practicing medicine in this state.
62    Any person applying for reactivation of a license must show
63    either that such licensee maintained tail insurance coverage
64    which provided liability coverage for incidents that occurred on
65    or after January 1, 1987, or the initial date of licensure in
66    this state, whichever is later, and incidents that occurred
67    before the date on which the license became inactive; or such
68    licensee must submit an affidavit stating that such licensee has
69    no unsatisfied medical malpractice judgments or settlements at
70    the time of application for reactivation.
71          (c) Any person holding a limited license pursuant to s.
72    458.317 and practicing under the scope of such limited license.
73          (d) Any person licensed or certified under this chapter
74    who practices only in conjunction with his or her teaching
75    duties at an accredited medical school or in its main teaching
76    hospitals. Such person may engage in the practice of medicine to
77    the extent that such practice is incidental to and a necessary
78    part of duties in connection with the teaching position in the
79    medical school.
80          (e) Any person holding an active license under this
81    chapter who is not practicing medicine in this state. If such
82    person initiates or resumes any practice of medicine in this
83    state, he or she must notify the department of such activity.
84          (f) Any person holding an active license under this
85    chapter who meets all of the following criteria:
86          1. The licensee has held an active license to practice in
87    this state or another state or some combination thereof for more
88    than 15 years.
89          2. The licensee has either retired from the practice of
90    medicine or maintains a part-time practice of no more than 1,000
91    patient contact hours per year.
92          3. The licensee has had no more than two claims for
93    medical malpractice resulting in an indemnity exceeding $25,000
94    within the previous 5-year period.
95          4. The licensee has not been convicted of, or pled guilty
96    or nolo contendere to, any criminal violation specified in this
97    chapter or the medical practice act of any other state.
98          5. The licensee has not been subject within the last 10
99    years of practice to license revocation or suspension for any
100    period of time; probation for a period of 3 years or longer; or
101    a fine of $500 or more for a violation of this chapter or the
102    medical practice act of another jurisdiction. The regulatory
103    agency's acceptance of a physician's relinquishment of a
104    license, stipulation, consent order, or other settlement,
105    offered in response to or in anticipation of the filing of
106    administrative charges against the physician's license, shall be
107    construed as action against the physician's license for the
108    purposes of this paragraph.
109          6. The licensee has submitted a form supplying necessary
110    information as required by the department and an affidavit
111    affirming compliance with the provisions of this paragraph.
112          7. The licensee shall submit biennially to the department
113    certification stating compliance with the provisions of this
114    paragraph. The licensee shall, upon request, demonstrate to the
115    department information verifying compliance with this paragraph.
116         
117          A licensee who meets the requirements of this paragraph shall be
118    required either to post notice in the form of a sign prominently
119    displayed in the reception area and clearly noticeable by all
120    patients or provide a written statement to any person to whom
121    medical services are being provided. Such sign or statement
122    shall state that: Under Florida law, physicians are generally
123    required to carry medical malpractice insurance or otherwise
124    demonstrate financial responsibility to cover potential claims
125    for medical malpractice. However, certain part-time physicians
126    who meet state requirements are exempt from the financial
127    responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS
128    DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice
129    is provided pursuant to Florida law.
130          (g) Any person holding an active license under this
131    chapter who agrees to meet all of the following criteria:
132          1. Upon the entry of an adverse final judgment arising
133    from a medical malpractice arbitration award, from a claim of
134    medical malpractice either in contract or tort, or from
135    noncompliance with the terms of a settlement agreement arising
136    from a claim of medical malpractice either in contract or tort,
137    the licensee shall pay the judgment creditor the lesser of the
138    entire amount of the judgment with all accrued interest or
139    either $100,000, if the physician is licensed pursuant to this
140    chapter but does not maintain hospital staff privileges, or
141    $250,000, if the physician is licensed pursuant to this chapter
142    and maintains hospital staff privileges, within 60 days after
143    the date such judgment became final and subject to execution,
144    unless otherwise mutually agreed to in writing by the parties.
145    Such adverse final judgment shall include any cross-claim,
146    counterclaim, or claim for indemnity or contribution arising
147    from the claim of medical malpractice. Upon notification of the
148    existence of an unsatisfied judgment or payment pursuant to this
149    subparagraph, the department shall notify the licensee by
150    certified mail that he or she shall be subject to disciplinary
151    action unless, within 30 days from the date of mailing, he or
152    she either:
153          a. Shows proof that the unsatisfied judgment has been paid
154    in the amount specified in this subparagraph; or
155          b. Furnishes the department with a copy of a timely filed
156    notice of appeal and either:
157          (I) A copy of a supersedeas bond properly posted in the
158    amount required by law; or
159          (II) An order from a court of competent jurisdiction
160    staying execution on the final judgment pending disposition of
161    the appeal.
162          2. The Department of Health shall issue an emergency order
163    suspending the license of any licensee who, after 30 days
164    following receipt of a notice from the Department of Health, has
165    failed to: satisfy a medical malpractice claim against him or
166    her; furnish the Department of Health a copy of a timely filed
167    notice of appeal; furnish the Department of Health a copy of a
168    supersedeas bond properly posted in the amount required by law;
169    or furnish the Department of Health an order from a court of
170    competent jurisdiction staying execution on the final judgment
171    pending disposition of the appeal.
172          3. Upon the next meeting of the probable cause panel of
173    the board following 30 days after the date of mailing the notice
174    of disciplinary action to the licensee, the panel shall make a
175    determination of whether probable cause exists to take
176    disciplinary action against the licensee pursuant to
177    subparagraph 1.
178          4. If the board determines that the factual requirements
179    of subparagraph 1. are met, it shall take disciplinary action as
180    it deems appropriate against the licensee. Such disciplinary
181    action shall include, at a minimum, probation of the license
182    with the restriction that the licensee must make payments to the
183    judgment creditor on a schedule determined by the board to be
184    reasonable and within the financial capability of the physician.
185    Notwithstanding any other disciplinary penalty imposed, the
186    disciplinary penalty may include suspension of the license for a
187    period not to exceed 5 years. In the event that an agreement to
188    satisfy a judgment has been met, the board shall remove any
189    restriction on the license.
190          5. The licensee has completed a form supplying necessary
191    information as required by the department.
192         
193          A licensee who meets the requirements of this paragraph shall be
194    required either to post notice in the form of a sign prominently
195    displayed in the reception area and clearly noticeable by all
196    patients or to provide a written statement to any person to whom
197    medical services are being provided. Such sign or statement
198    shall state: "Under Florida law, physicians are generally
199    required to carry medical malpractice insurance or otherwise
200    demonstrate financial responsibility to cover potential claims
201    for medical malpractice. YOUR DOCTOR HAS DECIDED NOT TO CARRY
202    MEDICAL MALPRACTICE INSURANCE. This is permitted under Florida
203    law subject to certain conditions. Florida law imposes penalties
204    against noninsured physicians who fail to satisfy adverse
205    judgments arising from claims of medical malpractice. This
206    notice is provided pursuant to Florida law."
207          Section 43. Paragraph (b) of subsection (1) and paragraph
208    (b) of subsection (2) of section 458.320, Florida Statutes,
209    read, and subsections (9) and (10) are added to said section to
210    read:
211          458.320 Financial responsibility.--
212          (1) As a condition of licensing and prior to the issuance
213    or renewal of an active license or reactivation of an inactive
214    license for the practice of medicine, an applicant shall by one
215    of the following methods demonstrate to the satisfaction of the
216    board and the department financial responsibility to pay claims
217    and costs ancillary thereto arising out of the rendering of, or
218    the failure to render, medical care or services:
219          (b) Obtaining and maintaining professional liability
220    coverage in an amount not less than $100,000 per claim, with a
221    minimum annual aggregate of not less than $300,000, from an
222    authorized insurer as defined under s. 624.09, from a surplus
223    lines insurer as defined under s. 626.914(2), from a risk
224    retention group as defined under s. 627.942, from the Joint
225    Underwriting Association established under s. 627.351(4), or
226    through a plan of self-insurance as provided in s. 627.357.
227          (2) As a continuing condition of hospital staff
228    privileges, physicians with staff privileges shall also be
229    required to establish financial responsibility by one of the
230    following methods:
231          (b) Obtaining and maintaining professional liability
232    coverage in an amount not less than $250,000 per claim, with a
233    minimum annual aggregate of not less than $750,000 from an
234    authorized insurer as defined under s. 624.09, from a surplus
235    lines insurer as defined under s. 626.914(2), from a risk
236    retention group as defined under s. 627.942, from the Joint
237    Underwriting Association established under s. 627.351(4),
238    through a plan of self-insurance as provided in s. 627.357, or
239    through a plan of self-insurance which meets the conditions
240    specified for satisfying financial responsibility in s. 766.110.
241         
242          This subsection shall be inclusive of the coverage in subsection
243    (1).
244          (9) After July 1, 2006, if an applicant elects to purchase
245    professional liability coverage under paragraph (1)(b) or
246    paragraph (2)(b) and an insurance product is available from a
247    private insurance provider at or below the rate charged for an
248    identical product on or before December 31, 2001, the applicant
249    must purchase that product. If no product is commercially
250    available or no product is available as described in this
251    subsection, and if an applicant elects to purchase professional
252    liability coverage under paragraph (1)(b) or paragraph (2)(b),
253    the applicant must purchase insurance from the Health Care
254    Professional Liability Insurance Facility as provided in s.
255    627.3575.
256          (10) Failure to comply with the provisions of this section
257    by January 1, 2007, shall result in the automatic suspension of
258    an active license or the automatic denial of an application for
259    a new license or renewal of an existing license until the
260    applicant complies with the requirements of subsections (1),
261    (2), and (3) or subsection (9).
262          Section 44. Effective July 1, 2006, subsections (4) and
263    (5) of section 459.0085, Florida Statutes, are amended to read:
264          459.0085 Financial responsibility.--
265          (4)(a) Each insurer, self-insurer, risk retention group,
266    or joint underwriting association shall promptly notify the
267    department of cancellation or nonrenewal of insurance required
268    by this section. Unless the osteopathic physician demonstrates
269    that he or she is otherwise in compliance with the requirements
270    of this section, the department shall suspend the license of the
271    osteopathic physician pursuant to ss. 120.569 and 120.57 and
272    notify all health care facilities licensed under chapter 395,
273    part IV of chapter 394, or part I of chapter 641 of such action.
274    Any suspension under this subsection shall remain in effect
275    until the osteopathic physician demonstrates compliance with the
276    requirements of this section except that a license suspended
277    under paragraph (5)(g) shall not be reinstated until the
278    osteopathic physician demonstrates compliance with the
279    requirements of that provision.
280          (b) If financial responsibility requirements are met by
281    maintaining an escrow account or letter of credit as provided in
282    this section, upon the entry of an adverse final judgment
283    arising from a medical malpractice arbitration award, from a
284    claim of medical malpractice either in contract or tort, or from
285    noncompliance with the terms of a settlement agreement arising
286    from a claim of medical malpractice either in contract or tort,
287    the licensee shall pay the entire amount of the judgment
288    together with all accrued interest or the amount maintained in
289    the escrow account or provided in the letter of credit as
290    required by this section, whichever is less, within 60 days
291    after the date such judgment became final and subject to
292    execution, unless otherwise mutually agreed to in writing by the
293    parties. If timely payment is not made by the osteopathic
294    physician, the department shall suspend the license of the
295    osteopathic physician pursuant to procedures set forth in
296    subparagraphs (5)(g)3., 4., and 5. Nothing in this paragraph
297    shall abrogate a judgment debtor's obligation to satisfy the
298    entire amount of any judgment.
299          (5) The requirements of subsections (1), (2), and (3)
300    shall not apply to:
301          (a) Any person licensed under this chapter who practices
302    medicine exclusively as an officer, employee, or agent of the
303    Federal Government or of the state or its agencies or its
304    subdivisions. For the purposes of this subsection, an agent of
305    the state, its agencies, or its subdivisions is a person who is
306    eligible for coverage under any self-insurance or insurance
307    program authorized by the provisions of s. 768.28(15).
308          (b) Any person whose license has become inactive under
309    this chapter and who is not practicing medicine in this state.
310    Any person applying for reactivation of a license must show
311    either that such licensee maintained tail insurance coverage
312    which provided liability coverage for incidents that occurred on
313    or after January 1, 1987, or the initial date of licensure in
314    this state, whichever is later, and incidents that occurred
315    before the date on which the license became inactive; or such
316    licensee must submit an affidavit stating that such licensee has
317    no unsatisfied medical malpractice judgments or settlements at
318    the time of application for reactivation.
319          (c) Any person holding a limited license pursuant to s.
320    459.0075 and practicing under the scope of such limited license.
321          (d) Any person licensed or certified under this chapter
322    who practices only in conjunction with his or her teaching
323    duties at a college of osteopathic medicine. Such person may
324    engage in the practice of osteopathic medicine to the extent
325    that such practice is incidental to and a necessary part of
326    duties in connection with the teaching position in the college
327    of osteopathic medicine.
328          (e) Any person holding an active license under this
329    chapter who is not practicing osteopathic medicine in this
330    state. If such person initiates or resumes any practice of
331    osteopathic medicine in this state, he or she must notify the
332    department of such activity.
333          (f) Any person holding an active license under this
334    chapter who meets all of the following criteria:
335          1. The licensee has held an active license to practice in
336    this state or another state or some combination thereof for more
337    than 15 years.
338          2. The licensee has either retired from the practice of
339    osteopathic medicine or maintains a part-time practice of
340    osteopathic medicine of no more than 1,000 patient contact hours
341    per year.
342          3. The licensee has had no more than two claims for
343    medical malpractice resulting in an indemnity exceeding $25,000
344    within the previous 5-year period.
345          4. The licensee has not been convicted of, or pled guilty
346    or nolo contendere to, any criminal violation specified in this
347    chapter or the practice act of any other state.
348          5. The licensee has not been subject within the last 10
349    years of practice to license revocation or suspension for any
350    period of time, probation for a period of 3 years or longer, or
351    a fine of $500 or more for a violation of this chapter or the
352    medical practice act of another jurisdiction. The regulatory
353    agency's acceptance of an osteopathic physician's relinquishment
354    of a license, stipulation, consent order, or other settlement,
355    offered in response to or in anticipation of the filing of
356    administrative charges against the osteopathic physician's
357    license, shall be construed as action against the physician's
358    license for the purposes of this paragraph.
359          6. The licensee has submitted a form supplying necessary
360    information as required by the department and an affidavit
361    affirming compliance with the provisions of this paragraph.
362          7. The licensee shall submit biennially to the department
363    a certification stating compliance with the provisions of this
364    paragraph. The licensee shall, upon request, demonstrate to the
365    department information verifying compliance with this paragraph.
366         
367          A licensee who meets the requirements of this paragraph shall be
368    required either to post notice in the form of a sign prominently
369    displayed in the reception area and clearly noticeable by all
370    patients or to provide a written statement to any person to whom
371    medical services are being provided. Such sign or statement
372    shall state that: Under Florida law, osteopathic physicians are
373    generally required to carry medical malpractice insurance or
374    otherwise demonstrate financial responsibility to cover
375    potential claims for medical malpractice. However, certain part-
376    time osteopathic physicians who meet state requirements are
377    exempt from the financial responsibility law. YOUR OSTEOPATHIC
378    PHYSICIAN MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO CARRY
379    MEDICAL MALPRACTICE INSURANCE. This notice is provided pursuant
380    to Florida law.
381          (g) Any person holding an active license under this
382    chapter who agrees to meet all of the following criteria:
383          1. Upon the entry of an adverse final judgment arising
384    from a medical malpractice arbitration award, from a claim of
385    medical malpractice either in contract or tort, or from
386    noncompliance with the terms of a settlement agreement arising
387    from a claim of medical malpractice either in contract or tort,
388    the licensee shall pay the judgment creditor the lesser of the
389    entire amount of the judgment with all accrued interest or
390    either $100,000, if the osteopathic physician is licensed
391    pursuant to this chapter but does not maintain hospital staff
392    privileges, or $250,000, if the osteopathic physician is
393    licensed pursuant to this chapter and maintains hospital staff
394    privileges, within 60 days after the date such judgment became
395    final and subject to execution, unless otherwise mutually agreed
396    to in writing by the parties. Such adverse final judgment shall
397    include any cross-claim, counterclaim, or claim for indemnity or
398    contribution arising from the claim of medical malpractice. Upon
399    notification of the existence of an unsatisfied judgment or
400    payment pursuant to this subparagraph, the department shall
401    notify the licensee by certified mail that he or she shall be
402    subject to disciplinary action unless, within 30 days from the
403    date of mailing, the licensee either:
404          a. Shows proof that the unsatisfied judgment has been paid
405    in the amount specified in this subparagraph; or
406          b. Furnishes the department with a copy of a timely filed
407    notice of appeal and either:
408          (I) A copy of a supersedeas bond properly posted in the
409    amount required by law; or
410          (II) An order from a court of competent jurisdiction
411    staying execution on the final judgment, pending disposition of
412    the appeal.
413          2. The Department of Health shall issue an emergency order
414    suspending the license of any licensee who, after 30 days
415    following receipt of a notice from the Department of Health, has
416    failed to: satisfy a medical malpractice claim against him or
417    her; furnish the Department of Health a copy of a timely filed
418    notice of appeal; furnish the Department of Health a copy of a
419    supersedeas bond properly posted in the amount required by law;
420    or furnish the Department of Health an order from a court of
421    competent jurisdiction staying execution on the final judgment
422    pending disposition of the appeal.
423          3. Upon the next meeting of the probable cause panel of
424    the board following 30 days after the date of mailing the notice
425    of disciplinary action to the licensee, the panel shall make a
426    determination of whether probable cause exists to take
427    disciplinary action against the licensee pursuant to
428    subparagraph 1.
429          4. If the board determines that the factual requirements
430    of subparagraph 1. are met, it shall take disciplinary action as
431    it deems appropriate against the licensee. Such disciplinary
432    action shall include, at a minimum, probation of the license
433    with the restriction that the licensee must make payments to the
434    judgment creditor on a schedule determined by the board to be
435    reasonable and within the financial capability of the
436    osteopathic physician. Notwithstanding any other disciplinary
437    penalty imposed, the disciplinary penalty may include suspension
438    of the license for a period not to exceed 5 years. In the event
439    that an agreement to satisfy a judgment has been met, the board
440    shall remove any restriction on the license.
441          5. The licensee has completed a form supplying necessary
442    information as required by the department.
443         
444          A licensee who meets the requirements of this paragraph shall be
445    required either to post notice in the form of a sign prominently
446    displayed in the reception area and clearly noticeable by all
447    patients or to provide a written statement to any person to whom
448    medical services are being provided. Such sign or statement
449    shall state: "Under Florida law, osteopathic physicians are
450    generally required to carry medical malpractice insurance or
451    otherwise demonstrate financial responsibility to cover
452    potential claims for medical malpractice. YOUR OSTEOPATHIC
453    PHYSICIAN HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE
454    INSURANCE. This is permitted under Florida law subject to
455    certain conditions. Florida law imposes strict penalties against
456    noninsured osteopathic physicians who fail to satisfy adverse
457    judgments arising from claims of medical malpractice. This
458    notice is provided pursuant to Florida law."
459          Section 45. Paragraph (b) of subsection (1) and paragraph
460    (b) of subsection (2) of section 459.0085, Florida Statutes,
461    read, and subsections (10) and (11) are added to said section to
462    read:
463          459.0085 Financial responsibility.--
464          (1) As a condition of licensing and prior to the issuance
465    or renewal of an active license or reactivation of an inactive
466    license for the practice of osteopathic medicine, an applicant
467    shall by one of the following methods demonstrate to the
468    satisfaction of the board and the department financial
469    responsibility to pay claims and costs ancillary thereto arising
470    out of the rendering of, or the failure to render, medical care
471    or services:
472          (b) Obtaining and maintaining professional liability
473    coverage in an amount not less than $100,000 per claim, with a
474    minimum annual aggregate of not less than $300,000, from an
475    authorized insurer as defined under s. 624.09, from a surplus
476    lines insurer as defined under s. 626.914(2), from a risk
477    retention group as defined under s. 627.942, from the Joint
478    Underwriting Association established under s. 627.351(4), or
479    through a plan of self-insurance as provided in s. 627.357.
480          (2) As a continuing condition of hospital staff
481    privileges, osteopathic physicians with staff privileges shall
482    also be required to establish financial responsibility by one of
483    the following methods:
484          (b) Obtaining and maintaining professional liability
485    coverage in an amount not less than $250,000 per claim, with a
486    minimum annual aggregate of not less than $750,000 from an
487    authorized insurer as defined under s. 624.09, from a surplus
488    lines insurer as defined under s. 626.914(2), from a risk
489    retention group as defined under s. 627.942, from the Joint
490    Underwriting Association established under s. 627.351(4),
491    through a plan of self-insurance as provided in s. 627.357, or
492    through a plan of self-insurance which meets the conditions
493    specified for satisfying financial responsibility in s. 766.110.
494         
495          This subsection shall be inclusive of the coverage in subsection
496    (1).
497          (10) After July 1, 2006, if an applicant elects to
498    purchase professional liability coverage under paragraph (1)(b)
499    or paragraph (2)(b) and an insurance product is available from a
500    private insurance provider at or below the rate charged for an
501    identical product on or before December 31, 2001, the applicant
502    must purchase that product. If no product is commercially
503    available or no product is available as described in this
504    subsection, and if an applicant elects to purchase professional
505    liability coverage under paragraph (1)(b) or paragraph (2)(b),
506    the applicant must purchase insurance from the Health Care
507    Professional Liability Insurance Facility as provided in s.
508    627.3575.
509          (11) Failure to comply with the provisions of this section
510    by January 1, 2007, shall result in the automatic suspension of
511    an active license or the automatic denial of an application for
512    a new license or renewal of an existing license until the
513    applicant complies with the requirements of subsections (1),
514    (2), and (3) or subsection (10).
515          Section 46. If any provision of this act or the
516    application thereof to any person or circumstance is held
517    invalid, the invalidity does not affect other provisions or
518    applications of the act which can be given effect without the
519    invalid provision or application, and to this end the provisions
520    of this act are declared severable.
521          Section 47. This act shall apply to all actions filed
522    after the act becomes a law.
523          Section 48. Except at otherwise provided herein, this act
524    shall take effect upon becoming a law.
525         
526    ================= T I T L E A M E N D M E N T =================
527          Remove line(s) 103-104, and insert:
528          400.4295, F.S.; correcting cross references; amending ss.
529    458.320 and 459.0085, F.S.; deleting provisions exempting
530    certain physicians and osteopathic physicians from
531    carrying medical malpractice insurance; providing
532    requirements for purchasing professional liability
533    insurance; providing severability; providing
534    applicability; providing effective dates.