Senate Bill sb0562c1

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    Florida Senate - 2003                            CS for SB 562

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Saunders




    317-1872B-03

  1                      A bill to be entitled

  2         An act relating to medical malpractice;

  3         amending s. 120.57, F.S.; providing procedures

  4         for hearings related to disputed issues of fact

  5         in cases involving the standard of care of

  6         certain health care professions; amending s.

  7         120.80, F.S.; allowing a board within the

  8         Department of Health to appoint an

  9         administrative law judge who has certain

10         expertise to hear a case involving standard of

11         care; creating s. 381.0409, F.S.; creating the

12         Florida Center for Excellence in Health Care;

13         providing goals and duties of the center;

14         providing definitions; requiring certain

15         facilities to report adverse incident reports;

16         providing limitations on the center's liability

17         for any lawful actions taken; requiring the

18         center to issue patient safety recommendations;

19         requiring the development of a statewide

20         electronic infrastructure to improve patient

21         care and the delivery and quality of health

22         care services; providing requirements for

23         development of a core electronic medical

24         record; authorizing access to the electronic

25         medical records and other data maintained by

26         the center; providing for the use of

27         computerized physician medication ordering

28         systems; providing for the establishment of a

29         simulation center for high technology

30         intervention surgery and intensive care;

31         providing for the immunity of specified

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    Florida Senate - 2003                            CS for SB 562
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 1         information in adverse incident reports from

 2         discovery or admissibility in civil or

 3         administrative actions; providing limitations

 4         on liability of specified health care

 5         practitioners and facilities under specified

 6         conditions; providing requirements for the

 7         appointment and compensation of a board of

 8         directors for the center; establishing a

 9         mechanism for financing the center through the

10         assessment of specified fees; requiring the

11         Florida Center for Excellence in Health Care to

12         develop a business and financing plan;

13         authorizing state agencies to contract with the

14         center for specified projects; authorizing the

15         use of center funds and the use of state

16         purchasing and travel contracts for the center;

17         requiring the center to submit an annual report

18         and providing requirements for the annual

19         report; providing for the center's books,

20         records, and audits to be open to the public;

21         requiring the center to annually furnish an

22         audited report to the Governor and Legislature;

23         amending s. 395.0197, F.S.; requiring copies of

24         reports of adverse incidents submitted to the

25         Agency for Health Care Administration to be

26         forwarded to the Center for Health Care

27         Excellence; creating s. 395.1012, F.S.;

28         requiring facilities to adopt a patient safety

29         plan; providing requirements for a patient

30         safety plan; requiring facilities to appoint a

31         patient safety officer and a patient safety

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    Florida Senate - 2003                            CS for SB 562
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 1         committee and providing duties for the patient

 2         safety officer and committee; creating s.

 3         408.832, F.S.; requiring certain facilities to

 4         notify patients about care under specified

 5         conditions; requiring the Agency for Health

 6         Care Administration to conduct or contract for

 7         a study to provide information to assist the

 8         public in making better health care decisions;

 9         requiring the report to be submitted to the

10         Governor and the presiding officers of the

11         Legislature; amending s. 456.039, F.S.;

12         amending the information required to be

13         furnished to the Department of Health for

14         licensure purposes; amending s. 456.057, F.S.;

15         allowing the department to obtain patient

16         records by subpoena without the patient's

17         written authorization, in specified

18         circumstances; amending s. 456.063, F.S.;

19         providing for adopting rules to implement

20         requirements for reporting allegations of

21         sexual misconduct; amending s. 456.072, F.S.;

22         providing for determining the amount of any

23         costs to be assessed in a disciplinary

24         proceeding; prescribing the standard of proof

25         in certain disciplinary proceedings; amending

26         s. 456.073, F.S.; amending procedures for

27         certain disciplinary proceedings; providing a

28         deadline for raising issues of material fact;

29         providing a deadline relating to notice of

30         receipt of a request for a formal hearing;

31         amending s. 456.077, F.S.; providing a

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    Florida Senate - 2003                            CS for SB 562
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 1         presumption related to an undisputed citation;

 2         amending s. 456.078, F.S.; revising standards

 3         for determining which violations of the

 4         applicable professional practice act are

 5         appropriate for mediation; amending s. 458.331,

 6         F.S., relating to grounds for disciplinary

 7         action of a physician; redefining the term

 8         "repeated malpractice"; revising the standards

 9         for the burden of proof in an administrative

10         action against a physician; amending s.

11         459.015, F.S., relating to grounds for

12         disciplinary action against an osteopathic

13         physician; redefining the term "repeated

14         malpractice"; revising the standards for the

15         burden of proof in an administrative action

16         against an osteopathic physician; amending

17         conditions that necessitate a departmental

18         investigation of an osteopathic physician;

19         amending s. 460.413, F.S., relating to grounds

20         for disciplinary action against a chiropractic

21         physician; revising the standards for the

22         burden of proof in an administrative action

23         against a chiropractic physician; amending s.

24         461.013, F.S., relating to grounds for

25         disciplinary action against a podiatric

26         physician; redefining the term "repeated

27         malpractice"; amending the minimum amount of a

28         claim against such a physician which will

29         trigger a departmental investigation; amending

30         s. 466.028, F.S., relating to grounds for

31         disciplinary action against a dentist or a

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 1         dental hygienist; redefining the term "dental

 2         malpractice"; amending s. 627.912, F.S.;

 3         amending provisions prescribing conditions

 4         under which insurers must file certain reports

 5         with the Department of Insurance; requiring the

 6         Office of Program Policy Analysis and

 7         Government Accountability and the Office of the

 8         Auditor General to conduct an audit, as

 9         specified, and to report to the Legislature;

10         creating ss. 1004.08, 1005.07, F.S.; requiring

11         schools, colleges, and universities to include

12         material on patient safety in their curricula

13         if the institution awards specified degrees;

14         providing a contingent effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (l) of subsection (1) of section

19  120.57, Florida Statutes, is amended to read:

20         120.57  Additional procedures for particular cases.--

21         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

22  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

23         (l)1.  The agency may adopt the recommended order as

24  the final order of the agency. The agency in its final order

25  may reject or modify the conclusions of law over which it has

26  substantive jurisdiction and interpretation of administrative

27  rules over which it has substantive jurisdiction. When

28  rejecting or modifying such conclusion of law or

29  interpretation of administrative rule, the agency must state

30  with particularity its reasons for rejecting or modifying such

31  conclusion of law or interpretation of administrative rule and

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 1  must make a finding that its substituted conclusion of law or

 2  interpretation of administrative rule is as or more reasonable

 3  than that which was rejected or modified. Rejection or

 4  modification of conclusions of law may not form the basis for

 5  rejection or modification of findings of fact. The agency may

 6  not reject or modify the findings of fact unless the agency

 7  first determines from a review of the entire record, and

 8  states with particularity in the order, that the findings of

 9  fact were not based upon competent substantial evidence or

10  that the proceedings on which the findings were based did not

11  comply with essential requirements of law. The agency may

12  accept the recommended penalty in a recommended order, but may

13  not reduce or increase it without a review of the complete

14  record and without stating with particularity its reasons

15  therefor in the order, by citing to the record in justifying

16  the action.

17         2.  Notwithstanding subparagraph 1., as a matter of

18  law, any decision involving the standard of care of a health

19  care profession regulated by any board within the Department

20  of Health is infused with overriding policy considerations

21  that are best left to the regulatory board that has

22  jurisdiction over that profession. When rejecting or modifying

23  a recommended finding of fact in standard-of-care cases, the

24  appropriate board within the Department of Health may reassess

25  and resolve conflicting evidence in a recommended order based

26  on the record in the case.

27         Section 2.  Subsection (15) of section 120.80, Florida

28  Statutes, is amended to read:

29         120.80  Exceptions and special requirements;

30  agencies.--

31  

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 1         (15)  DEPARTMENT OF HEALTH.--Notwithstanding s.

 2  120.57(1)(a), formal hearings may not be conducted by the

 3  Secretary of Health, the Secretary of Health Care

 4  Administration, or a board or member of a board within the

 5  Department of Health or the Agency for Health Care

 6  Administration for matters relating to the regulation of

 7  professions, as defined by chapter 456, except that a board

 8  within the Department of Health may appoint an administrative

 9  law judge who has expertise in the profession regulated by the

10  board to conduct hearings involving standard-of-care cases.

11  Notwithstanding s. 120.57(1)(a), hearings conducted within the

12  Department of Health in execution of the Special Supplemental

13  Nutrition Program for Women, Infants, and Children; Child Care

14  Food Program; Children's Medical Services Program; the Brain

15  and Spinal Cord Injury Program; and the exemption from

16  disqualification reviews for certified nurse assistants

17  program need not be conducted by an administrative law judge

18  assigned by the division. The Department of Health may

19  contract with the Department of Children and Family Services

20  for a hearing officer in these matters.

21         Section 3.  Section 381.0409, Florida Statutes, is

22  created to read:

23         381.0409  Florida Center for Excellence in Health

24  Care.--There is created the Florida Center for Excellence in

25  Health Care which shall be responsible for performing

26  activities and functions that are designed to improve the

27  quality of health care delivered by health care facilities and

28  health care practitioners. The principal goals of the center

29  are to improve health care quality and patient safety. The

30  long-term goal is to improve diagnostic and treatment

31  decisions, thus further improving quality.

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 1         (1)  As used in this section, the term:

 2         (a)  "Center" means the Center for Excellence in Health

 3  Care.

 4         (b)  "Health care practitioner" means any person as

 5  defined under s. 456.001(4).

 6         (c)  "Health care facility" means any facility licensed

 7  under chapter 395.

 8         (d)  "Health research entity" means any university or

 9  academic health center engaged in research designed to

10  improve, prevent, diagnose, or treat diseases or medical

11  conditions or an entity that receives state or federal funds

12  for such research.

13         (e)  "Patient safety data" means any data, reports,

14  records, memoranda, or analyses of patient safety events and

15  adverse incidents reported by a licensed facility pursuant to

16  s. 395.0197 which are submitted to the Florida Center for

17  Health Care Excellence or the corrective actions taken in

18  response to such patient safety events or adverse incidents.

19         (f)  "Patient safety event" means an event over which

20  health care personnel could exercise control and which is

21  associated in whole or in part with medical intervention,

22  rather than the condition for which such intervention

23  occurred, and which could have resulted, but did not result in

24  serious patient injury or death.

25         (2)  The center shall, either directly or by contract:

26         (a)  Analyze patient safety data for the purpose of

27  recommending changes in practices and procedures which may be

28  implemented by health care practitioners and health care

29  facilities to prevent future adverse incidents.

30         (b)  Collect, analyze, and evaluate patient safety data

31  submitted voluntarily by a health care practitioner or health

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 1  care facility. The center shall recommend to health care

 2  practitioners and health care facilities changes in practices

 3  and procedures that may be implemented for the purpose of

 4  improving patient safety and preventing patient safety events.

 5         (c)  Foster the development of a statewide electronic

 6  infrastructure, which may be implemented in phases over a

 7  multiyear period, that is designed to improve patient care and

 8  the delivery and quality of health care services by health

 9  care facilities and practitioners. The electronic

10  infrastructure shall be a secure platform for communication

11  and the sharing of clinical and other data, such as business

12  data, among providers and between patients and providers. The

13  electronic infrastructure shall include a "core" electronic

14  medical record. Health care practitioners and health care

15  facilities shall have access to individual electronic medical

16  records subject to the consent of the individual. Health

17  insurers licensed under chapter 627 or chapter 641 shall have

18  access to the electronic medical records of their policy

19  holders and, subject to the provisions of s. 381.04091, to

20  other data if such access is for the sole purpose of

21  conducting research to identify diagnostic tests and

22  treatments that are medically effective. Health research

23  entities shall have access to the electronic medical records

24  of individuals subject to the consent of the individual and

25  subject to the provisions of s. 381.04091 and to other data if

26  such access is for the sole purpose of conducting research to

27  identify diagnostic tests and treatments that are medically

28  effective.

29         (d)  Foster the use of computerized physician

30  medication ordering systems by hospitals which do not have

31  such systems and develop protocols for these systems.

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 1         (e)  Establish a simulation center for high technology

 2  intervention surgery and intensive care for use by all

 3  hospitals.

 4         (f)  Identify best practices and share this information

 5  with health care providers.

 6  

 7  Nothing in this section shall serve to limit the scope of

 8  services provided by the center with regard to engaging in

 9  other activities that improve health care quality, improve the

10  diagnosis and treatment of diseases and medical conditions,

11  increase the efficiency of the delivery of health care

12  services, increase administrative efficiency, and increase

13  access to quality health care services.

14         (3)  Notwithstanding s. 381.04091, the center may

15  release information contained in patient safety data to any

16  health care practitioner or health care facility when

17  recommending changes in practices and procedures which may be

18  implemented by such practitioner or facility to prevent

19  patient safety events or adverse incidents.

20         (4)  All information related to adverse incident

21  reports and all patient safety data submitted to or received

22  by the center shall not be subject to discovery or

23  introduction into evidence in any civil or administrative

24  action. Individuals in attendance at meetings held for the

25  purpose of discussing information related to adverse incidents

26  and patient safety data and meetings held to formulate

27  recommendations to prevent future adverse incidents or patient

28  safety events may not be permitted or required to testify in

29  any civil or administrative action related to such events.

30  There shall be no liability on the part of, and no cause of

31  action of any nature shall arise against, any employee or

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 1  agent of the center for any lawful action taken by such

 2  individual in advising health practitioners or health care

 3  facilities with regard to carrying out their duties under this

 4  section. There shall be no liability on the part of, and no

 5  cause of action of any nature shall arise against, a health

 6  care practitioner or health care facility, its agents, or

 7  employees, when it acts in reliance on any advice or

 8  information provided by the center.

 9         (5)  The center shall be a nonprofit corporation

10  registered, incorporated, organized, and operated in

11  compliance with chapter 617, and shall have all powers

12  necessary to carry out the purposes of this section,

13  including, but not limited to, the power to receive and accept

14  from any source contributions of money, property, labor, or

15  any other thing of value, to be held, used, and applied for

16  the purpose of this section.

17         (6)  The center shall:

18         1.  Be designed and operated by an individual or entity

19  with demonstrated expertise in health care quality data and

20  systems analysis, health information management, systems

21  thinking and analysis, human factors analysis, and

22  identification of latent and active errors.

23         2.  Include procedures for ensuring the confidentiality

24  of data which are consistent with state and federal law.

25         (7)  The center shall be governed by a 10-member board

26  of directors appointed by the Governor.

27         (a)  The Governor shall appoint two members

28  representing hospitals, one member representing physicians,

29  one member representing nurses, one member representing health

30  insurance indemnity plans, one member representing health

31  maintenance organizations, one member representing business,

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 1  and one member representing consumers. The Governor shall

 2  appoint members for a 2-year term. Such members shall serve

 3  until their successors are appointed. Members are eligible to

 4  be reappointed for additional terms.

 5         (b)  The Secretary of Health or his or her designee

 6  shall be a member of the board.

 7         (c)  The Secretary of Health Care Administration or his

 8  or her designee shall be a member of the board.

 9         (d)  The members shall elect a chairperson.

10         (e)  Board members shall serve without compensation but

11  may be reimbursed for travel expenses pursuant to s. 112.061.

12         (8)  The center shall be financed as follows:

13         (a)  Notwithstanding any law to the contrary, each

14  health insurer issued a certificate of authority under part

15  VI, part VII, or part VIII of chapter 627 shall, as a

16  condition of maintaining such certificate, make payment to the

17  center on April 1 of each year, in the amount of $1 for each

18  individual included in every insurance policy issued during

19  the previous calendar year. Accompanying any payment shall be

20  a certification under oath by the chief executive officer that

21  states the number of individuals that such payment was based

22  on. The center may direct the insurer to provide an

23  independent audit of the certification that shall be furnished

24  within 90 days. If payment is not received by the center

25  within 30 days after April 1, interest at the annualized rate

26  of 18 percent shall begin to be charged on the amount due. If

27  payment has not been received within 60 days after interest is

28  charged, the center shall notify the Department of Financial

29  Services that payment has not been received pursuant to the

30  requirements of this paragraph. An insurer that refuses to

31  

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 1  comply with the requirements of this paragraph is subject to

 2  the forfeiture of its certificate of authority.

 3         (b)  Notwithstanding any law to the contrary, each

 4  health maintenance organization issued a certificate of

 5  authority under part I of chapter 641 and each prepaid clinic

 6  issued a certificate of authority under part II of chapter 641

 7  shall, as a condition of maintaining such certificate, make

 8  payment to the center on April 1 of each year, in the amount

 9  of $1 for each individual who is eligible to receive services

10  pursuant to a contract with the health maintenance

11  organization or the prepaid clinic during the previous

12  calendar year. Accompanying any payment shall be a

13  certification under oath by the chief executive officer that

14  states the number of individuals that such payment was based

15  on. The center may direct the health maintenance organization

16  or prepaid clinic to provide an independent audit of the

17  certification that shall be furnished within 90 days. If

18  payment is not received by the center within 30 days after

19  April 1, interest at the annualized rate of 18 percent shall

20  begin to be charged on the amount due. If payment has not been

21  received within 60 days after interest is charged, the center

22  shall notify the Department of Financial Services that payment

23  has not been received pursuant to the requirements of this

24  paragraph. A health maintenance organization or prepaid clinic

25  that refuses to comply with the requirements of this paragraph

26  is subject to the forfeiture of its certificate of authority.

27         (c)  Notwithstanding any law to the contrary, each

28  hospital and ambulatory surgical center licensed under chapter

29  395 shall, as a condition of licensure, make payment to the

30  center on April 1 of each year, in the amount of $1 for each

31  individual during the previous 12 months who was an inpatient

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 1  discharged by the hospital or who was a patient in the

 2  ambulatory surgical center. Accompanying payment shall be a

 3  certification under oath by the chief executive officer that

 4  states the number of individuals that such payment was based

 5  on. The center may direct the facility to provide an

 6  independent audit of the certification that shall be furnished

 7  within 90 days. If payment is not received by the center

 8  within 30 days after April 1, interest at the annualized rate

 9  of 18 percent shall begin to be charged on the amount due. If

10  payment has not been received within 60 days after interest is

11  charged, the center shall notify the Agency for Health Care

12  Administration that payment has not been received pursuant to

13  the requirements of this paragraph. An entity that refuses to

14  comply with the requirements of this paragraph is subject to

15  the forfeiture of its license.

16         (d)  Notwithstanding any law to the contrary, each

17  nursing home licensed under part II of chapter 400, each

18  assisted living facility licensed under part III of chapter

19  400, each home health agency licensed under part IV of chapter

20  400, each hospice licensed under part VI of chapter 400, each

21  prescribed pediatric extended care center licensed under part

22  IX of chapter 400, and each health care services pool licensed

23  under part XII of chapter 400 shall, as a condition of

24  licensure, make payment to the center on April 1 of each year,

25  in the amount of $1 for each individual served by each

26  aforementioned entity during the previous 12 months.

27  Accompanying payment shall be a certification under oath by

28  the chief executive officer that states the number of

29  individuals that such payment was based on. The center may

30  direct the entity to provide an independent audit of the

31  certification that shall be furnished within 90 days. If

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 1  payment is not received by the center within 30 days after

 2  April 1, interest at the annualized rate of 18 percent shall

 3  begin to be charged on the amount due. If payment has not been

 4  received within 60 days after interest is charged, the center

 5  shall notify the Agency for Health Care Administration that

 6  payment has not been received pursuant to the requirements of

 7  this paragraph. An entity that refuses to comply with the

 8  requirements of this paragraph is subject to the forfeiture of

 9  its license.

10         (e)  Notwithstanding any law to the contrary, each

11  initial application and renewal fee for each license and each

12  fee for certification or recertification for each person

13  licensed or certified under chapter 401 or chapter 404, and

14  for each person licensed as a health care practitioner defined

15  in s. 456.001(4), shall be increased by the amount of $1 for

16  each year for which the license or certification is issued.

17  The Department of Health shall make payment to the center on

18  April 1 of each year in the amount of the total received

19  pursuant to this paragraph during the preceding 12 months.

20         (f)  The center shall develop a business and financing

21  plan to obtain funds through other means if funds beyond those

22  that are provided for in this subsection are needed to

23  accomplish the objectives of the center.

24         (9)  The center may enter into affiliations with

25  universities for any purpose.

26         (10)  Pursuant to s. 287.057(5)(f)6., state agencies

27  may contract with the center on a sole source basis for

28  projects to improve the quality of program administration,

29  such as, but not limited to, the implementation of an

30  electronic medical record for Medicaid program recipients.

31  

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 1         (11)  All travel and per diem paid with center funds

 2  shall be in accordance with s. 112.061.

 3         (12)  The center may use state purchasing and travel

 4  contracts and the state communications system in accordance

 5  with s. 282.105(3).

 6         (13)  The center may acquire, enjoy, use, and dispose

 7  of patents, copyrights, trademarks and any licenses,

 8  royalties, and other rights or interests thereunder or

 9  therein.

10         (14)  The center shall submit an annual report to the

11  Governor, the President of the Senate, and the Speaker of the

12  House of Representatives no later than October 1 of each year

13  which includes:

14         (a)  The status report on the implementation of a

15  program to analyze data concerning adverse incidents and

16  patient safety events.

17         (b)  The status report on the implementation of a

18  computerized physician medication ordering system.

19         (c)  The status report on the implementation of an

20  electronic medical record.

21         (d)  Other pertinent information relating to the

22  efforts of the center to improve health care quality and

23  efficiency.

24         (e)  A financial statement and balance sheet.

25  

26  The initial report shall include any recommendations that the

27  center deems appropriate regarding revisions in the definition

28  of adverse incidents in s. 395.0197 and the reporting of such

29  adverse incidents by licensed facilities.

30         (15)  The center may establish and manage an operating

31  fund for the purposes of addressing the center's cash-flow

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 1  needs and facilitating the fiscal management of the

 2  corporation. Upon dissolution of the corporation, any

 3  remaining cash balances of any state funds shall revert to the

 4  General Revenue Fund, or such other state funds consistent

 5  with appropriated funding, as provided by law.

 6         (16)  The center may carry over funds from year to

 7  year.

 8         (17)  All books, records, and audits of the center

 9  shall be open to the public unless exempted by law.

10         (18)  The center shall furnish an annual audited report

11  to the Governor and Legislature by March 1 of each year.

12         (19)  In carrying out this section, the center shall

13  consult with and develop partnerships, as appropriate, with

14  all segments of the health care industry, including, among

15  others, health practitioners, health care facilities, health

16  care consumers, professional organizations, agencies, health

17  care practitioner licensing boards, and educational

18  institutions.

19         Section 4.  Subsection (8) of section 395.0197, Florida

20  Statutes, is amended to read:

21         395.0197  Internal risk management program.--

22         (8)  Any of the following adverse incidents, whether

23  occurring in the licensed facility or arising from health care

24  prior to admission in the licensed facility, shall be reported

25  by the facility to the agency within 15 calendar days after

26  its occurrence:

27         (a)  The death of a patient;

28         (b)  Brain or spinal damage to a patient;

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

30  wrong patient;

31  

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

 2  procedure;

 3         (e)  The performance of a wrong surgical procedure;

 4         (f)  The performance of a surgical procedure that is

 5  medically unnecessary or otherwise unrelated to the patient's

 6  diagnosis or medical condition;

 7         (g)  The surgical repair of damage resulting to a

 8  patient from a planned surgical procedure, where the damage is

 9  not a recognized specific risk, as disclosed to the patient

10  and documented through the informed-consent process; or

11         (h)  The performance of procedures to remove unplanned

12  foreign objects remaining from a surgical procedure.

13  

14  The agency may grant extensions to this reporting requirement

15  for more than 15 days upon justification submitted in writing

16  by the facility administrator to the agency. The agency may

17  require an additional, final report. These reports shall not

18  be available to the public pursuant to s. 119.07(1) or any

19  other law providing access to public records, nor be

20  discoverable or admissible in any civil or administrative

21  action, except in disciplinary proceedings by the agency or

22  the appropriate regulatory board, nor shall they be available

23  to the public as part of the record of investigation for and

24  prosecution in disciplinary proceedings made available to the

25  public by the agency or the appropriate regulatory board.

26  However, the agency or the appropriate regulatory board shall

27  make available, upon written request by a health care

28  professional against whom probable cause has been found, any

29  such records which form the basis of the determination of

30  probable cause.  The agency may investigate, as it deems

31  appropriate, any such incident and prescribe measures that

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 1  must or may be taken in response to the incident. The agency

 2  shall review each incident and determine whether it

 3  potentially involved conduct by the health care professional

 4  who is subject to disciplinary action, in which case the

 5  provisions of s. 456.073 shall apply. Copies of all reports of

 6  adverse incidents submitted to the agency by hospitals and

 7  ambulatory surgical centers shall be forwarded to the Center

 8  for Health Care Excellence, as defined in s. 381.0409, for

 9  analysis by experts who may make recommendations regarding the

10  prevention of such incidents. Such information shall remain

11  confidential as otherwise provided by law.

12         Section 5.  Section 395.1012, Florida Statutes, is

13  created to read:

14         395.1012  Patient safety.--

15         (1)  Each licensed facility must adopt a patient safety

16  plan. A plan adopted to implement the requirements of 42 CFR

17  482.21 shall be deemed to comply with this requirement.

18         (2)  Each licensed facility shall appoint a patient

19  safety officer and a patient safety committee, which shall

20  include at least one person who is neither employed by nor

21  practicing in the facility, for the purpose of promoting the

22  health and safety of patients, reviewing and evaluating the

23  quality of patient safety measures used by the facility, and

24  for assisting in the implementation of the facility patient

25  safety plan.

26         Section 6.  Section 408.832, Florida Statutes, is

27  created to read:

28         408.832  Duty to notify patients.--Each facility

29  licensed by the Agency for Health Care Administration and each

30  health care practitioner defined in s. 456.001(4) shall inform

31  each patient or the patient's representative about

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 1  unanticipated outcomes of care which result in serious harm to

 2  the patient. Notification of outcomes of care which result in

 3  serious harm to the patient under this section shall not

 4  constitute an acknowledgement or admission of liability nor

 5  can it be introduced as evidence in any civil lawsuit. Failure

 6  to provide notification regarding outcomes of care which

 7  result in harm to the patient constitutes grounds for

 8  discipline against the license of a facility licensed by the

 9  Agency for Health Care Administration pursuant to s.

10  395.003(8) or the license of a health care practitioner as

11  defined by chapter 456 pursuant to s. 456.072(1)(k).

12         Section 7.  The Agency for Health Care Administration

13  shall conduct or contract for a study to determine if it is

14  feasible to provide information to the public that will help

15  them make better health care decisions regarding their choice

16  of a hospital, based on that facility's patient safety and

17  quality performance. This study shall be conducted in

18  cooperation with hospitals, physicians, other health care

19  providers, and the agency. The Agency for Health Care

20  Administration shall submit the final report to the Governor

21  and the presiding officers of the Legislature by July 1, 2004.

22         Section 8.  Paragraph (a) of subsection (1) of section

23  456.039, Florida Statutes, is amended to read:

24         456.039  Designated health care professionals;

25  information required for licensure.--

26         (1)  Each person who applies for initial licensure as a

27  physician under chapter 458, chapter 459, chapter 460, or

28  chapter 461, except a person applying for registration

29  pursuant to ss. 458.345 and 459.021, must, at the time of

30  application, and each physician who applies for license

31  renewal under chapter 458, chapter 459, chapter 460, or

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 1  chapter 461, except a person registered pursuant to ss.

 2  458.345 and 459.021, must, in conjunction with the renewal of

 3  such license and under procedures adopted by the Department of

 4  Health, and in addition to any other information that may be

 5  required from the applicant, furnish the following information

 6  to the Department of Health:

 7         (a)1.  The name of each medical school that the

 8  applicant has attended, with the dates of attendance and the

 9  date of graduation, and a description of all graduate medical

10  education completed by the applicant, excluding any coursework

11  taken to satisfy medical licensure continuing education

12  requirements.

13         2.  The name of each hospital at which the applicant

14  has privileges.

15         3.  The address at which the applicant will primarily

16  conduct his or her practice.

17         4.  Any certification that the applicant has received

18  from a specialty board that is recognized by the board to

19  which the applicant is applying.

20         5.  The year that the applicant began practicing

21  medicine.

22         6.  Any appointment to the faculty of a medical school

23  which the applicant currently holds and an indication as to

24  whether the applicant has had the responsibility for graduate

25  medical education within the most recent 10 years.

26         7.  A description of any criminal offense of which the

27  applicant has been found guilty, regardless of whether

28  adjudication of guilt was withheld, or to which the applicant

29  has pled guilty or nolo contendere.  A criminal offense

30  committed in another jurisdiction which would have been a

31  felony or misdemeanor if committed in this state must be

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 1  reported. If the applicant indicates that a criminal offense

 2  is under appeal and submits a copy of the notice for appeal of

 3  that criminal offense, the department must state that the

 4  criminal offense is under appeal if the criminal offense is

 5  reported in the applicant's profile. If the applicant

 6  indicates to the department that a criminal offense is under

 7  appeal, the applicant must, upon disposition of the appeal,

 8  submit to the department a copy of the final written order of

 9  disposition.

10         8.  A description of any final disciplinary action

11  taken within the previous 10 years against the applicant by

12  the agency regulating the profession that the applicant is or

13  has been licensed to practice, whether in this state or in any

14  other jurisdiction, by a specialty board that is recognized by

15  the American Board of Medical Specialties, the American

16  Osteopathic Association, or a similar national organization,

17  or by a licensed hospital, health maintenance organization,

18  prepaid health clinic, ambulatory surgical center, or nursing

19  home. Disciplinary action includes resignation from or

20  nonrenewal of medical staff membership or the restriction of

21  privileges at a licensed hospital, health maintenance

22  organization, prepaid health clinic, ambulatory surgical

23  center, or nursing home taken in lieu of or in settlement of a

24  pending disciplinary case related to competence or character.

25  If the applicant indicates that the disciplinary action is

26  under appeal and submits a copy of the document initiating an

27  appeal of the disciplinary action, the department must state

28  that the disciplinary action is under appeal if the

29  disciplinary action is reported in the applicant's profile.

30         9.  Relevant professional qualifications.

31  

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 1         Section 9.  Paragraph (a) of subsection (7) of section

 2  456.057, Florida Statutes, is amended to read:

 3         456.057  Ownership and control of patient records;

 4  report or copies of records to be furnished.--

 5         (7)(a)1.  The department may obtain patient records

 6  pursuant to a subpoena without written authorization from the

 7  patient if the department and the probable cause panel of the

 8  appropriate board, if any, find reasonable cause to believe

 9  that a health care practitioner has excessively or

10  inappropriately prescribed any controlled substance specified

11  in chapter 893 in violation of this chapter or any

12  professional practice act or that a health care practitioner

13  has practiced his or her profession below that level of care,

14  skill, and treatment required as defined by this chapter or

15  any professional practice act and also find that appropriate,

16  reasonable attempts were made to obtain a patient release.

17         2.  The department may obtain patient records and

18  insurance information pursuant to a subpoena without written

19  authorization from the patient if the department and the

20  probable cause panel of the appropriate board, if any, find

21  reasonable cause to believe that a health care practitioner

22  has provided inadequate medical care based on termination of

23  insurance and also find that appropriate, reasonable attempts

24  were made to obtain a patient release.

25         3.  The department may obtain patient records, billing

26  records, insurance information, provider contracts, and all

27  attachments thereto pursuant to a subpoena without written

28  authorization from the patient if the department and probable

29  cause panel of the appropriate board, if any, find reasonable

30  cause to believe that a health care practitioner has submitted

31  a claim, statement, or bill using a billing code that would

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 1  result in payment greater in amount than would be paid using a

 2  billing code that accurately describes the services performed,

 3  requested payment for services that were not performed by that

 4  health care practitioner, used information derived from a

 5  written report of an automobile accident generated pursuant to

 6  chapter 316 to solicit or obtain patients personally or

 7  through an agent regardless of whether the information is

 8  derived directly from the report or a summary of that report

 9  or from another person, solicited patients fraudulently,

10  received a kickback as defined in s. 456.054, violated the

11  patient brokering provisions of s. 817.505, or presented or

12  caused to be presented a false or fraudulent insurance claim

13  within the meaning of s. 817.234(1)(a), and also find that,

14  within the meaning of s. 817.234(1)(a), patient authorization

15  cannot be obtained because the patient cannot be located or is

16  deceased, incapacitated, or suspected of being a participant

17  in the fraud or scheme, and if the subpoena is issued for

18  specific and relevant records. For purposes of this

19  subsection, if the patient refuses to cooperate, is

20  unavailable, or fails to execute a patient release, the

21  department may obtain patient records pursuant to a subpoena

22  without written authorization from the patient.

23         Section 10.  Subsection (4) is added to section

24  456.063, Florida Statutes, to read:

25         456.063  Sexual misconduct; disqualification for

26  license, certificate, or registration.--

27         (4)  Each board, or the department if there is no

28  board, may adopt rules to implement the requirements for

29  reporting allegations of sexual misconduct, including rules to

30  determine the sufficiency of the allegations.

31  

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 1         Section 11.  Each board within the Department of Health

 2  which has jurisdiction over health care practitioners who are

 3  authorized to prescribe drugs may adopt by rule standards of

 4  practice for practitioners who are under that board's

 5  jurisdiction for the safe and ethical prescription of drugs to

 6  patients via the Internet.

 7         Section 12.  Subsection (4) of section 456.072, Florida

 8  Statutes, is amended, and a new subsection (7) is added to

 9  that section to read:

10         456.072  Grounds for discipline; penalties;

11  enforcement.--

12         (4)  In addition to any other discipline imposed

13  through final order, or citation, entered on or after July 1,

14  2001, pursuant to this section or discipline imposed through

15  final order, or citation, entered on or after July 1, 2001,

16  for a violation of any practice act, the board, or the

17  department when there is no board, shall assess costs related

18  to the investigation and prosecution of the case. The board,

19  or the department when there is no board, shall determine the

20  amount of costs to be assessed. In any case where the board or

21  the department imposes a fine or assessment and the fine or

22  assessment is not paid within a reasonable time, such

23  reasonable time to be prescribed in the rules of the board, or

24  the department when there is no board, or in the order

25  assessing such fines or costs, the department or the

26  Department of Legal Affairs may contract for the collection

27  of, or bring a civil action to recover, the fine or

28  assessment.

29         (7)  In any formal administrative hearing conducted

30  under s. 120.57(1), the department shall establish grounds for

31  

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 1  the discipline of a licensee by the greater weight of the

 2  evidence.

 3         Section 13.  Subsection (5) of section 456.073, Florida

 4  Statutes, is amended to read:

 5         456.073  Disciplinary proceedings.--Disciplinary

 6  proceedings for each board shall be within the jurisdiction of

 7  the department.

 8         (5)  A formal hearing before an administrative law

 9  judge from the Division of Administrative Hearings, or before

10  an administrative law judge appointed by the appropriate board

11  who has expertise in the profession regulated by the board in

12  cases involving violations of the standard of care in that

13  profession, shall be requested held pursuant to chapter 120 if

14  there are any disputed issues of material fact raised within

15  45 days after service of the administrative complaint. The

16  administrative law judge shall issue a recommended order

17  pursuant to chapter 120. Notwithstanding s. 120.569(2), the

18  department shall notify the division within 45 days after

19  receipt of a petition or request for a formal hearing. If any

20  party raises an issue of disputed fact during an informal

21  hearing, the hearing shall be terminated and a formal hearing

22  pursuant to chapter 120 shall be held.

23         Section 14.  Subsection (1) of section 456.077, Florida

24  Statutes, is amended to read:

25         456.077  Authority to issue citations.--

26         (1)  Notwithstanding s. 456.073, the board, or the

27  department if there is no board, shall adopt rules to permit

28  the issuance of citations. The citation shall be issued to the

29  subject and shall contain the subject's name and address, the

30  subject's license number if applicable, a brief factual

31  statement, the sections of the law allegedly violated, and the

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 1  penalty imposed. The citation must clearly state that the

 2  subject may choose, in lieu of accepting the citation, to

 3  follow the procedure under s. 456.073. If the subject disputes

 4  the matter in the citation, the procedures set forth in s.

 5  456.073 must be followed. However, if the subject does not

 6  dispute the matter in the citation with the department within

 7  30 days after the citation is served, the citation becomes a

 8  final order and does not constitute constitutes discipline for

 9  a first offense. The penalty shall be a fine or other

10  conditions as established by rule.

11         Section 15.  Subsection (1) of section 456.078, Florida

12  Statutes, is amended to read:

13         456.078  Mediation.--

14         (1)  Notwithstanding the provisions of s. 456.073, the

15  board, or the department when there is no board, shall adopt

16  rules to designate which violations of the applicable

17  professional practice act, including standard-of-care

18  violations, are appropriate for mediation. The board, or the

19  department when there is no board, must may designate as

20  mediation offenses those complaints where harm caused by the

21  licensee is economic in nature or can be remedied by the

22  licensee.

23         Section 16.  Paragraph (t) of subsection (1) and

24  subsections (3) and (6) of section 458.331, Florida Statutes,

25  are amended to read:

26         458.331  Grounds for disciplinary action; action by the

27  board and department.--

28         (1)  The following acts constitute grounds for denial

29  of a license or disciplinary action, as specified in s.

30  456.072(2):

31  

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 1         (t)  Gross or repeated malpractice or the failure to

 2  practice medicine with that level of care, skill, and

 3  treatment which is recognized by a reasonably prudent similar

 4  physician as being acceptable under similar conditions and

 5  circumstances.  The board shall give great weight to the

 6  provisions of s. 766.102 when enforcing this paragraph.  As

 7  used in this paragraph, "repeated malpractice" includes, but

 8  is not limited to, three or more claims for medical

 9  malpractice within the previous 5-year period resulting in

10  indemnities being paid in excess of $50,000 $25,000 each to

11  the claimant in a judgment or settlement and which incidents

12  involved negligent conduct by the physician. As used in this

13  paragraph, "gross malpractice" or "the failure to practice

14  medicine with that level of care, skill, and treatment which

15  is recognized by a reasonably prudent similar physician as

16  being acceptable under similar conditions and circumstances,"

17  shall not be construed so as to require more than one

18  instance, event, or act.  Nothing in this paragraph shall be

19  construed to require that a physician be incompetent to

20  practice medicine in order to be disciplined pursuant to this

21  paragraph.

22         (3)  In any administrative action against a physician

23  which does not involve revocation or suspension of license,

24  the division shall have the burden, by the greater weight of

25  the evidence, to establish the existence of grounds for

26  disciplinary action.  The division shall establish grounds for

27  revocation or suspension of license by clear and convincing

28  evidence.

29         (6)  Upon the department's receipt from an insurer or

30  self-insurer of a report of a closed claim against a physician

31  pursuant to s. 627.912 or from a health care practitioner of a

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 1  report pursuant to s. 456.049, or upon the receipt from a

 2  claimant of a presuit notice against a physician pursuant to

 3  s. 766.106, the department shall review each report and

 4  determine whether it potentially involved conduct by a

 5  licensee that is subject to disciplinary action, in which case

 6  the provisions of s. 456.073 shall apply. However, if it is

 7  reported that a physician has had three or more claims with

 8  indemnities exceeding $50,000 $25,000 each within the previous

 9  5-year period, the department shall investigate the

10  occurrences upon which the claims were based and determine if

11  action by the department against the physician is warranted.

12         Section 17.  Paragraph (x) of subsection (1) and

13  subsections (3) and (6) of section 459.015, Florida Statutes,

14  are amended to read:

15         459.015  Grounds for disciplinary action; action by the

16  board and department.--

17         (1)  The following acts constitute grounds for denial

18  of a license or disciplinary action, as specified in s.

19  456.072(2):

20         (x)  Gross or repeated malpractice or the failure to

21  practice osteopathic medicine with that level of care, skill,

22  and treatment which is recognized by a reasonably prudent

23  similar osteopathic physician as being acceptable under

24  similar conditions and circumstances. The board shall give

25  great weight to the provisions of s. 766.102 when enforcing

26  this paragraph. As used in this paragraph, "repeated

27  malpractice" includes, but is not limited to, three or more

28  claims for medical malpractice within the previous 5-year

29  period resulting in indemnities being paid in excess of

30  $50,000 $25,000 each to the claimant in a judgment or

31  settlement and which incidents involved negligent conduct by

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 1  the osteopathic physician. As used in this paragraph, "gross

 2  malpractice" or "the failure to practice osteopathic medicine

 3  with that level of care, skill, and treatment which is

 4  recognized by a reasonably prudent similar osteopathic

 5  physician as being acceptable under similar conditions and

 6  circumstances" shall not be construed so as to require more

 7  than one instance, event, or act. Nothing in this paragraph

 8  shall be construed to require that an osteopathic physician be

 9  incompetent to practice osteopathic medicine in order to be

10  disciplined pursuant to this paragraph.  A recommended order

11  by an administrative law judge or a final order of the board

12  finding a violation under this paragraph shall specify whether

13  the licensee was found to have committed "gross malpractice,"

14  "repeated malpractice," or "failure to practice osteopathic

15  medicine with that level of care, skill, and treatment which

16  is recognized as being acceptable under similar conditions and

17  circumstances," or any combination thereof, and any

18  publication by the board shall so specify.

19         (3)  In any administrative action against a physician

20  which does not involve revocation or suspension of license,

21  the division shall have the burden, by the greater weight of

22  the evidence, to establish the existence of grounds for

23  disciplinary action.  The division shall establish grounds for

24  revocation or suspension of license by clear and convincing

25  evidence.

26         (6)  Upon the department's receipt from an insurer or

27  self-insurer of a report of a closed claim against an

28  osteopathic physician pursuant to s. 627.912 or from a health

29  care practitioner of a report pursuant to s. 456.049, or upon

30  the receipt from a claimant of a presuit notice against an

31  osteopathic physician pursuant to s. 766.106, the department

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 1  shall review each report and determine whether it potentially

 2  involved conduct by a licensee that is subject to disciplinary

 3  action, in which case the provisions of s. 456.073 shall

 4  apply.  However, if it is reported that an osteopathic

 5  physician has had three or more claims with indemnities

 6  exceeding $50,000 $25,000 each within the previous 5-year

 7  period, the department shall investigate the occurrences upon

 8  which the claims were based and determine if action by the

 9  department against the osteopathic physician is warranted.

10         Section 18.  Subsection (6) of section 460.413, Florida

11  Statutes, is amended to read:

12         460.413  Grounds for disciplinary action; action by

13  board or department.--

14         (6)  In any administrative action against a

15  chiropractic physician which does not involve revocation or

16  suspension of license, the department shall have the burden,

17  by the greater weight of the evidence, to establish the

18  existence of grounds for disciplinary action. The department

19  shall establish grounds for revocation or suspension of

20  license by clear and convincing evidence.

21         Section 19.  Paragraph (s) of subsection (1) and

22  paragraph (a) of subsection (5) of section 461.013, Florida

23  Statutes, are amended to read:

24         461.013  Grounds for disciplinary action; action by the

25  board; investigations by department.--

26         (1)  The following acts constitute grounds for denial

27  of a license or disciplinary action, as specified in s.

28  456.072(2):

29         (s)  Gross or repeated malpractice or the failure to

30  practice podiatric medicine at a level of care, skill, and

31  treatment which is recognized by a reasonably prudent

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 1  podiatric physician as being acceptable under similar

 2  conditions and circumstances.  The board shall give great

 3  weight to the standards for malpractice in s. 766.102 in

 4  interpreting this section. As used in this paragraph,

 5  "repeated malpractice" includes, but is not limited to, three

 6  or more claims for medical malpractice within the previous

 7  5-year period resulting in indemnities being paid in excess of

 8  $50,000 $10,000 each to the claimant in a judgment or

 9  settlement and which incidents involved negligent conduct by

10  the podiatric physicians. As used in this paragraph, "gross

11  malpractice" or "the failure to practice podiatric medicine

12  with the level of care, skill, and treatment which is

13  recognized by a reasonably prudent similar podiatric physician

14  as being acceptable under similar conditions and

15  circumstances" shall not be construed so as to require more

16  than one instance, event, or act.

17         (5)(a)  Upon the department's receipt from an insurer

18  or self-insurer of a report of a closed claim against a

19  podiatric physician pursuant to s. 627.912, or upon the

20  receipt from a claimant of a presuit notice against a

21  podiatric physician pursuant to s. 766.106, the department

22  shall review each report and determine whether it potentially

23  involved conduct by a licensee that is subject to disciplinary

24  action, in which case the provisions of s. 456.073 shall

25  apply. However, if it is reported that a podiatric physician

26  has had three or more claims with indemnities exceeding

27  $50,000 $25,000 each within the previous 5-year period, the

28  department shall investigate the occurrences upon which the

29  claims were based and determine if action by the department

30  against the podiatric physician is warranted.

31  

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 1         Section 20.  Paragraph (x) of subsection (1) of section

 2  466.028, Florida Statutes, is amended to read:

 3         466.028  Grounds for disciplinary action; action by the

 4  board.--

 5         (1)  The following acts constitute grounds for denial

 6  of a license or disciplinary action, as specified in s.

 7  456.072(2):

 8         (x)  Being guilty of incompetence or negligence by

 9  failing to meet the minimum standards of performance in

10  diagnosis and treatment when measured against generally

11  prevailing peer performance, including, but not limited to,

12  the undertaking of diagnosis and treatment for which the

13  dentist is not qualified by training or experience or being

14  guilty of dental malpractice. For purposes of this paragraph,

15  it shall be legally presumed that a dentist is not guilty of

16  incompetence or negligence by declining to treat an individual

17  if, in the dentist's professional judgment, the dentist or a

18  member of her or his clinical staff is not qualified by

19  training and experience, or the dentist's treatment facility

20  is not clinically satisfactory or properly equipped to treat

21  the unique characteristics and health status of the dental

22  patient, provided the dentist refers the patient to a

23  qualified dentist or facility for appropriate treatment.  As

24  used in this paragraph, "dental malpractice" includes, but is

25  not limited to, three or more claims within the previous

26  5-year period which resulted in indemnity being paid, or any

27  single indemnity paid in excess of $25,000 $5,000 in a

28  judgment or settlement, as a result of negligent conduct on

29  the part of the dentist.

30         Section 21.  Subsection (1) of section 627.912, Florida

31  Statutes, is amended to read:

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 1         627.912  Professional liability claims and actions;

 2  reports by insurers.--

 3         (1)  Each self-insurer authorized under s. 627.357 and

 4  each insurer or joint underwriting association providing

 5  professional liability insurance to a practitioner of medicine

 6  licensed under chapter 458, to a practitioner of osteopathic

 7  medicine licensed under chapter 459, to a podiatric physician

 8  licensed under chapter 461, to a dentist licensed under

 9  chapter 466, to a hospital licensed under chapter 395, to a

10  crisis stabilization unit licensed under part IV of chapter

11  394, to a health maintenance organization certificated under

12  part I of chapter 641, to clinics included in chapter 390, to

13  an ambulatory surgical center as defined in s. 395.002, or to

14  a member of The Florida Bar shall report in duplicate to the

15  Department of Insurance any claim or action for damages for

16  personal injuries claimed to have been caused by error,

17  omission, or negligence in the performance of such insured's

18  professional services or based on a claimed performance of

19  professional services without consent, if the claim resulted

20  in:

21         (a)  A final judgment in any amount.

22         (b)  A settlement in any amount.

23  

24  Reports shall be filed with the department. and, If the

25  insured party is licensed under chapter 458, chapter 459, or

26  chapter 461, and the final judgment or settlement amount was

27  $50,000 or more, or if the insured party is licensed under

28  chapter 466 and the final judgment or settlement amount was

29  $25,000 or more, the report shall be filed or chapter 466,

30  with the Department of Health, no later than 30 days following

31  the occurrence of any event listed in paragraph (a) or

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 1  paragraph (b). The Department of Health shall review each

 2  report and determine whether any of the incidents that

 3  resulted in the claim potentially involved conduct by the

 4  licensee that is subject to disciplinary action, in which case

 5  the provisions of s. 456.073 shall apply. The Department of

 6  Health, as part of the annual report required by s. 456.026,

 7  shall publish annual statistics, without identifying

 8  licensees, on the reports it receives, including final action

 9  taken on such reports by the Department of Health or the

10  appropriate regulatory board.

11         Section 22.  The Office of Program Policy Analysis and

12  Government Accountability and the Office of the Auditor

13  General must jointly conduct an audit of the Department of

14  Health's health care practitioner disciplinary process and

15  closed claims that are filed with the department under section

16  627.912, Florida Statutes. The Office of Program Policy

17  Analysis and Government Accountability and the Office of the

18  Auditor General shall submit a report to the Legislature by

19  January 1, 2004.

20         Section 23.  Section 1004.08, Florida Statutes, is

21  created to read:

22         1004.08  Patient safety instructional

23  requirements.--Each public school, college, and university

24  that offers degrees in medicine, nursing, or allied health

25  shall include in the curricula applicable to such degrees

26  material on patient safety, including patient safety

27  improvement. Materials shall include, but need not be limited

28  to, effective communication and teamwork; epidemiology of

29  patient injuries and medical errors; medical injuries;

30  vigilance, attention and fatigue; checklists and inspections;

31  

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    Florida Senate - 2003                            CS for SB 562
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 1  automation, technological, and computer support; psychological

 2  factors in human error; and reporting systems.

 3         Section 24.  Section 1005.07, Florida Statutes, is

 4  created to read:

 5         1005.07  Patient safety instructional

 6  requirements.--Each private school, college, and university

 7  that offers degrees in medicine, nursing, and allied health

 8  shall include in the curricula applicable to such degrees

 9  material on patient safety, including patient safety

10  improvement. Materials shall include, but need not be limited

11  to, effective communication and teamwork; epidemiology of

12  patient injuries and medical errors; medical injuries;

13  vigilance, attention and fatigue; checklists and inspections;

14  automation, technological, and computer support; psychological

15  factors in human error; and reporting systems.

16         Section 25.  This act shall take effect upon becoming a

17  law if SB 560, SB 564, and SB 566 or similar legislation is

18  adopted in the same legislative session or an extension

19  thereof and becomes law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2003                            CS for SB 562
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 562

 3                                 

 4  The committee substitute:

 5  Provides that, under the Administrative Procedure Act,
    decisions involving the standard of care of a health care
 6  profession are infused with overriding policy considerations
    that are best left to the regulatory board that has
 7  jurisdiction over the profession.

 8  Revises the requirements for regulatory boards within the
    Department of Health to reject or modify a recommended finding
 9  of fact in standard-of-care cases and reassess and resolve
    conflicting evidence in a recommended order based on the
10  record in disciplinary cases.

11  Authorizes a board within the Department of Health to appoint
    an administrative law judge who has expertise in the
12  profession regulated by the board to conduct hearings
    involving standard-of-care cases.
13  
    Creates the Florida Center for Excellence in Health Care to
14  improve health care quality and patient safety whose
    responsibilities include the collection, analysis, and
15  evaluation of patient safety data and formulating
    recommendations for changes to prevent future adverse
16  incidents and patient safety events. The center will also
    foster the development of a statewide electronic
17  infrastructure that includes a "core" electronic medical
    record, foster the use of computerized physician medication
18  ordering systems by hospitals, establish a simulation center
    for high technology intervention surgery and intensive care,
19  and identify best practices to be shared with health care
    providers. The bill provides for the release of information to
20  health researchers and insurers under specified conditions and
    provides liability from suit for the center and entities when
21  acting on the center's recommendations. The bill specifies the
    administrative structure for the center and requires the
22  center to issue reports to the Legislature. Funding for the
    center will come from an assessment on health insurers, health
23  maintenance organizations and prepaid clinics, hospitals and
    ambulatory surgical centers, nursing homes, assisted living
24  facilities, home health agencies, hospices, prescribed
    pediatric extended care facilities, health care services
25  pools, and licensed health care professionals.

26  Requires hospitals and ambulatory surgical centers to forward
    copies of adverse incident reports that are submitted to the
27  Agency for Health Care Administration (AHCA) to the Center for
    Health Care Excellence. Hospitals, ambulatory surgical
28  centers, and mobile surgical facilities are required to adopt
    a patient safety plan and appoint a patient safety officer and
29  committee. Licensed health care facilities and health care
    practitioners must inform each patient or the patient's
30  representative about unanticipated outcomes which result in
    serious harm to the patient. AHCA must conduct or contract for
31  a study to determine if it is feasible to provide information
    to the public to help consumers make better health care
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 1  decisions regarding the choice of a facility based on that
    facility's patient safety and quality performance.
 2  
    Revises the information to be included in practitioner
 3  profiles to include a professional's relevant qualifications;
    authorizes the Department of Health to obtain patient records
 4  without a written medical release under specified
    circumstances; authorizes DOH and boards to adopt rules to
 5  implement requirements for reporting allegations of sexual
    misconduct, and to determine the sufficiency of the
 6  allegations; authorizes DOH and boards to adopt rules for
    standards of practice for safe and ethical prescription of
 7  drugs to patients via the Internet; allows the boards or DOH
    to determine the amount of costs to be assessed in
 8  disciplinary actions; establishes grounds for discipline of
    licensed health care practitioners by a greater weight of
 9  evidence; requires licensed health care practitioners to elect
    a formal administrative hearing within 45 days of service and
10  requires DOH to notify the Division of Administrative Hearings
    within 45 days after receipt of a petition or request for a
11  formal hearing; provides that the issuance of a citation to a
    licensed health care practitioner does not constitute
12  discipline for a first offense; and increases the financial
    thresholds for the reporting and investigation of closed
13  claims involving physicians and dentists.

14  Requires the Office of Program Policy Analysis and Government
    Accountability and the Office of the Auditor General to
15  jointly conduct an audit of DOH's practitioner disciplinary
    process and closed claims filed with DOH and to report
16  findings to the Legislature by January 1, 2004.

17  Requires schools, colleges, and universities offering degrees
    in medicine, nursing, or allied health are required to include
18  material within the curricula on patient safety.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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