HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Harrell offered the following:
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14	Amendment (with title amendment)
15	Remove line(s) 1150-1167, and insert:
16	Section 29. Subsection (2) of section 766.102, Florida
17	Statutes, is amended to read:
18	766.102 Medical negligence; standards of recovery.--
19	(2)(a) If the health care provider whose negligence is
20	claimed to have created the cause of action is not certified by
21	the appropriate American board as being a specialist, is not
22	trained and experienced in a medical specialty, or does not hold
23	himself or herself out as a specialist, a "similar health care
24	provider" is one who:
25	1. Is licensed by the appropriate regulatory agency of
26	this state;
27	2. Is trained and experienced in the same discipline or
28	school of practice; and
29	3. Practices in the same or similar medical community; and
30	4. Has, during the 5 years immediately preceding the date
31	of the occurrence that is the basis for the action, engaged in
32	any combination of the following:
33	a. Active clinical practice;
34	b. Instruction of students in an accredited health
35	professional school or accredited residency program in the same
36	health profession as the health care provider against whom or on
37	whose behalf the testimony is offered; or
38	c. A clinical research program that is affiliated with an
39	accredited medical school or teaching hospital in the same
40	health profession as the health care provider against whom or on
41	whose behalf the testimony is offered.
42	(b) If the health care provider whose negligence is
43	claimed to have created the cause of action is certified by the
44	appropriate American board as a specialist, is trained and
45	experienced in a medical specialty, or holds himself or herself
46	out as a specialist, a "similar health care provider" is one
47	who:
48	1. Is trained and experienced in the same specialty; and
49	2. Is certified by the appropriate American board in the
50	same specialty; and
51	3. Has, during the 5 years immediately preceding the date
52	of the occurrence that is the basis for the action, engaged in
53	any combination of the following:
54	a. Active clinical practice in the same specialty or a
55	similar specialty that includes the evaluation, diagnosis, or
56	treatment of the medical condition or procedure that is the
57	subject of the action;
58	b. Instruction of students in an accredited health
59	professional school or accredited residency program in the same
60	health profession and the same or similar specialty as the
61	health care provider against whom or on whose behalf the
62	testimony is offered; or
63	c. A clinical research program that is affiliated with an
64	accredited medical school or teaching hospital in the same
65	health profession and the same or similar specialty as the
66	health care provider against whom or on whose behalf the
67	testimony is offered.
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69	However, if any health care provider described in this paragraph
70	is providing treatment or diagnosis for a condition which is not
71	within his or her specialty, a specialist trained in the
72	treatment or diagnosis for that condition shall be considered a
73	"similar health care provider."
74	(c) If the party against whom or on whose behalf the
75	testimony is offered is a physician licensed under chapter 458
76	or chapter 459, the expert witness must be licensed in the state
77	under chapter 458 or chapter 459 or hold an expert witness
78	certificate provided in s. 458.3175. No testimony of any nature
79	shall be admissible for any purpose unless the expert providing
80	such testimony holds a Florida license or an expert witness
81	certificate.The purpose of this subsection is to establish a
82	relative standard of care for various categories and
83	classifications of health care providers. Any health care
84	provider may testify as an expert in any action if he or she:
85	1. Is a similar health care provider pursuant to paragraph
86	(a) or paragraph (b); or
87	2. Is not a similar health care provider pursuant to
88	paragraph (a) or paragraph (b) but, to the satisfaction of the
89	court, possesses sufficient training, experience, and knowledge
90	as a result of practice or teaching in the specialty of the
91	defendant or practice or teaching in a related field of
92	medicine, so as to be able to provide such expert testimony as
93	to the prevailing professional standard of care in a given field
94	of medicine. Such training, experience, or knowledge must be as
95	a result of the active involvement in the practice or teaching
96	of medicine within the 5-year period before the incident giving
97	rise to the claim.
98	Section 30. Subsection (5) of section 766.202, Florida
99	Statutes, is amended to read:
100	766.202 Definitions; ss. 766.201-766.212.--As used in ss.
101	766.201-766.212, the term:
102	(5) "Medical expert" means a person duly and regularly
103	engaged in the practice of his or her profession who holds a
104	health care professional degree from a university or college and
105	who meets the requirements of an expert witness as set forth in
106	s. 766.102has had special professional training and experience
107	or one possessed of special health care knowledge or skill about
108	the subject upon which he or she is called to testify or provide
109	an opinion.
110	Section 31. Section 458.3175, Florida Statutes, is created
111	to read:
112	458.3175 Expert witness certificate.--
113	(1) Any physician who holds a valid active license to
114	practice medicine in any other state, who pays an application
115	fee in an amount set by the board, and who has not had a
116	previous expert witness certificate revoked by the board may
117	apply for a certificate to provide expert medical testimony in
118	connection with any litigation pending in the state.
119	(2) Any expert witness certificate may be denied or
120	revoked for any of the grounds enumerated in s. 458.331.
121	(3) Nothing in this section may be construed to authorize
122	a physician who is not licensed to practice medicine in this
123	state to qualify for or otherwise engage in the practice of
124	medicine in this state.
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126	================= T I T L E A M E N D M E N T =================
127	Remove line(s) 78-79, and insert:
128	medical negligence; amending s. 766.102, F.S.; revising
129	requirements for what constitute similar health care
130	providers in medical negligence actions; providing expert
131	witness requirements; amending s. 766.202, F.S.; revising
132	the definition of "medical expert"; creating s. 458.3175,
133	F.S.; providing for certificates to provide expert medical
134	testimony in connection with any litigation pending in the
135	state; amending s. 766.203,