Senate Bill sb0562e1

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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; creating s.

  3         381.0409, F.S.; providing that creation of the

  4         Florida Center for Excellence in Health Care is

  5         contingent on the enactment of a public-records

  6         exemption; creating the Florida Center for

  7         Excellence in Health Care; providing goals and

  8         duties of the center; providing definitions;

  9         providing limitations on the center's liability

10         for any lawful actions taken; requiring the

11         center to issue patient safety recommendations;

12         requiring the development of a statewide

13         electronic infrastructure to improve patient

14         care and the delivery and quality of health

15         care services; providing requirements for

16         development of a core electronic medical

17         record; authorizing access to the electronic

18         medical records and other data maintained by

19         the center; providing for the use of

20         computerized physician medication ordering

21         systems; providing for the establishment of a

22         simulation center for high technology

23         intervention surgery and intensive care;

24         providing for the immunity of specified

25         information in adverse incident reports from

26         discovery or admissibility in civil or

27         administrative actions; providing limitations

28         on liability of specified health care

29         practitioners and facilities under specified

30         conditions; providing requirements for the

31         appointment of a board of directors for the


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         center; establishing a mechanism for financing

 2         the center through the assessment of specified

 3         fees; requiring the Florida Center for

 4         Excellence in Health Care to develop a business

 5         and financing plan; authorizing state agencies

 6         to contract with the center for specified

 7         projects; authorizing the use of center funds

 8         and the use of state purchasing and travel

 9         contracts for the center; requiring the center

10         to submit an annual report and providing

11         requirements for the annual report; providing

12         for the center's books, records, and audits to

13         be open to the public; requiring the center to

14         annually furnish an audited report to the

15         Governor and Legislature; creating s. 395.1012,

16         F.S.; requiring facilities to adopt a patient

17         safety plan; providing requirements for a

18         patient safety plan; requiring facilities to

19         appoint a patient safety officer and a patient

20         safety committee and providing duties for the

21         patient safety officer and committee; amending

22         s. 395.004, F.S., relating to licensure of

23         certain health care facilities; providing for

24         discounted medical liability insurance based on

25         certification of programs that reduce adverse

26         incidents; requiring the Office of Insurance

27         Regulation to consider certain information in

28         reviewing discounted rates; amending s.

29         766.106, F.S.; providing that the claimant must

30         also provide the Agency for Health Care

31         Administration with a copy of a complaint


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         alleging medical malpractice after filing a

 2         complaint; requiring the Agency for Health Care

 3         Administration to review such complaints for

 4         licensure noncompliance; creating s. 395.0056,

 5         F.S.; requiring the Agency for Health Care

 6         Administration to review complaints submitted

 7         if the defendant is a hospital; amending s.

 8         395.0193, F.S., relating to peer review and

 9         disciplinary actions; providing for discipline

10         of a physician for mental or physical abuse of

11         staff; limiting liability of certain

12         participants in certain disciplinary actions at

13         a licensed facility; providing that a

14         defendant's monetary liability shall not exceed

15         $250,000 on any action brought under this

16         section; amending s. 395.0197, F.S., relating

17         to internal risk management programs; requiring

18         a system for notifying patients that they are

19         victims of an adverse incident; requiring risk

20         managers or their designees to give notice;

21         requiring licensed facilities to annually

22         report certain information about health care

23         practitioners for whom they assume liability;

24         requiring the Agency for Health Care

25         Administration and the Department of Health to

26         annually publish statistics about licensed

27         facilities that assume liability for health

28         care practitioners; requiring a licensed

29         facility at which sexual abuse occurs to offer

30         testing for sexually transmitted disease at no

31         cost to the victim; amending s. 456.025, F.S.;


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         eliminating certain restrictions on the setting

 2         of licensure renewal fees for health care

 3         practitioners; directing the Agency for Health

 4         Care Administration to conduct or contract for

 5         a study to determine what information to

 6         provide to the public comparing hospitals,

 7         based on inpatient quality indicators developed

 8         by the federal Agency for Healthcare Research

 9         and Quality; creating s. 395.1051, F.S.;

10         requiring certain facilities to notify patients

11         about adverse incidents under specified

12         conditions; creating s. 456.0575, F.S.;

13         requiring licensed healthcare practitioners to

14         notify patients about adverse incidents under

15         certain conditions; amending s. 456.026, F.S.,

16         relating to an annual report published by the

17         Department of Health; requiring that the

18         department publish the report to its website;

19         requiring the department to include certain

20         detailed information; amending s. 456.041,

21         F.S., relating to practitioner profiles;

22         requiring the Department of Health to compile

23         certain specified information in a practitioner

24         profile; deleting provisions that provide that

25         a profile need not indicate whether a criminal

26         history check was performed to corroborate

27         information in the profile; authorizing the

28         department or regulatory board to investigate

29         any information received; requiring the

30         department to provide a narrative explanation,

31         in plain English, concerning final disciplinary


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         action taken against a practitioner; requiring

 2         a hyperlink to each final order on the

 3         department's website which provides information

 4         about disciplinary actions; requiring the

 5         department to provide a hyperlink to certain

 6         comparison reports pertaining to claims

 7         experience; requiring the department to include

 8         the date that a reported disciplinary action

 9         was taken by a licensed facility and a

10         characterization of the practitioner's conduct

11         that resulted in the action; deleting

12         provisions requiring the department to consult

13         with a regulatory board before including

14         certain information in a health care

15         practitioner's profile; providing for a penalty

16         for failure to comply with the timeframe for

17         verifying and correcting a practitioner

18         profile; requiring the department to add a

19         statement to a practitioner profile when the

20         profile information has not been verified by

21         the practitioner; requiring the department to

22         provide, in the practitioner profile, an

23         explanation of disciplinary action taken and

24         the reason for sanctions imposed; requiring the

25         department to include a hyperlink to a

26         practitioner's website when requested;

27         providing that practitioners licensed under ch.

28         458 or ch. 459, F.S. shall have claim

29         information concerning an indemnity payment

30         greater than $100,000 posted in the

31         practitioner profile; amending s. 456.042,


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         F.S.; providing for the update of practitioner

 2         profiles; designating a timeframe within which

 3         a practitioner must submit new information to

 4         update his or her profile; amending s. 456.049,

 5         F.S., relating to practitioner reports on

 6         professional liability claims and actions;

 7         deleting a requirement that a practitioner

 8         report only if the claim or action was not

 9         covered by an insurer that is required to

10         report; amending s. 456.051, F.S.; establishing

11         the responsibility of the Department of Health

12         to provide reports of professional liability

13         actions and bankruptcies; requiring the

14         department to include such reports in a

15         practitioner's profile within a specified

16         period; amending s. 458.320, F.S., relating to

17         financial responsibility requirements for

18         medical physicians; requiring the department to

19         suspend the license of a medical physician who

20         has not paid, up to the amounts required by any

21         applicable financial responsibility provision,

22         any outstanding judgment, arbitration award,

23         other order, or settlement; amending s.

24         459.0085, F.S., relating to financial

25         responsibility requirements for osteopathic

26         physicians; requiring that the department

27         suspend the license of an osteopathic physician

28         who has not paid, up to the amounts required by

29         any applicable financial responsibility

30         provision, any outstanding judgment,

31         arbitration award, other order, or settlement;


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         providing civil immunity for certain

 2         participants in quality improvement processes;

 3         defining the terms "patient safety data" and

 4         "patient safety organization"; providing for

 5         use of patient safety data by patient safety

 6         organization; providing limitations on use of

 7         patient safety data; providing for protection

 8         of patient-identifying information; providing

 9         for determination of whether privilege applies

10         as asserted; providing that an employer may not

11         take retaliatory action against an employee who

12         makes a good-faith report concerning patient

13         safety data; requiring that a specific

14         statement be included in each final settlement

15         statement relating to medical malpractice

16         actions; providing requirements for the closed

17         claim form of the Office of Insurance

18         Regulation; requiring the Office of Insurance

19         Regulation to compile annual statistical

20         reports pertaining to closed claims; requiring

21         historical statistical summaries; specifying

22         certain information to be included on the

23         closed claim form; amending s. 456.039, F.S.;

24         amending the information required to be

25         furnished to the Department of Health for

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

27         allowing the department to obtain patient

28         records by subpoena without the patient's

29         written authorization, in specified

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

31         providing for adopting rules to implement


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         requirements for reporting allegations of

 2         sexual misconduct; authorizing health care

 3         practitioner regulatory boards to adopt rules

 4         to establish standards of practice for

 5         prescribing drugs to patients via the Internet;

 6         amending s. 456.072, F.S.; providing for

 7         determining the amount of any costs to be

 8         assessed in a disciplinary proceeding;

 9         prescribing the standard of proof in certain

10         disciplinary proceedings; amending s. 456.073,

11         F.S.; authorizing the Department of Health to

12         investigate certain paid claims made on behalf

13         of practitioners licensed under ch. 458 or ch.

14         459, F.S.; amending procedures for certain

15         disciplinary proceedings; providing a deadline

16         for raising issues of material fact; providing

17         a deadline relating to notice of receipt of a

18         request for a formal hearing; amending s.

19         456.077, F.S.; providing a presumption related

20         to an undisputed citation; amending s. 456.078,

21         F.S.; revising standards for determining which

22         violations of the applicable professional

23         practice act are appropriate for mediation;

24         amending s. 458.331, F.S., relating to grounds

25         for disciplinary action of a physician;

26         redefining the term "repeated malpractice";

27         revising the standards for the burden of proof

28         in an administrative action against a

29         physician; revising the minimum amount of a

30         claim against a licensee which will trigger a

31         departmental investigation; amending s.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         459.015, F.S., relating to grounds for

 2         disciplinary action against an osteopathic

 3         physician; redefining the term "repeated

 4         malpractice"; revising the standards for the

 5         burden of proof in an administrative action

 6         against an osteopathic physician; amending

 7         conditions that necessitate a departmental

 8         investigation of an osteopathic physician;

 9         revising the minimum amount of a claim against

10         a licensee which will trigger a departmental

11         investigation; amending s. 461.013, F.S.,

12         relating to grounds for disciplinary action

13         against a podiatric physician; redefining the

14         term "repeated malpractice"; amending the

15         minimum amount of a claim against such a

16         physician which will trigger a department

17         investigation; amending s. 466.028, F.S.,

18         relating to grounds for disciplinary action

19         against a dentist or a dental hygienist;

20         redefining the term "dental malpractice";

21         revising the minimum amount of a claim against

22         a dentist which will trigger a departmental

23         investigation; amending s. 627.912, F.S.;

24         amending provisions prescribing conditions

25         under which insurers must file certain reports

26         with the Department of Insurance; requiring the

27         Office of Program Policy Analysis and

28         Government Accountability and the Office of the

29         Auditor General to conduct an audit, as

30         specified, and to report to the Legislature;

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


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         schools, colleges, and universities to include

 2         material on patient safety in their curricula

 3         if the institution awards specified degrees;

 4         creating a workgroup to study the health care

 5         practitioner disciplinary process; providing

 6         for workgroup membership; providing that the

 7         workgroup deliver its report by January 1,

 8         2004; providing for severability; providing

 9         appropriations and authorizing positions;

10         providing an effective date.

11  

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

13  

14         Section 1.  Effective upon this act becoming law if CS

15  for SB 566 or similar legislation is adopted in the same

16  legislative session or an extension thereof and becomes law,

17  section 381.0409, Florida Statutes, is created to read:

18         381.0409  Florida Center for Excellence in Health

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

20  Health Care which shall be responsible for performing

21  activities and functions that are designed to improve the

22  quality of health care delivered by health care facilities and

23  health care practitioners. The principal goals of the center

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

25  long-term goal is to improve diagnostic and treatment

26  decisions, thus further improving quality.

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

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

29  Care.

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

31  defined under s. 456.001(4).


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

 2  under chapter 395.

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

 4  academic health center engaged in research designed to

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

 6  conditions or an entity that receives state or federal funds

 7  for such research.

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

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

10  adverse incidents reported by a licensed facility pursuant to

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

12  Health Care Excellence or the corrective actions taken in

13  response to such patient safety events or adverse incidents.

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

15  health care personnel could exercise control and which is

16  associated in whole or in part with medical intervention,

17  rather than the condition for which such intervention

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

19  serious patient injury or death.

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

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

22  recommending changes in practices and procedures which may be

23  implemented by health care practitioners and health care

24  facilities to prevent future adverse incidents.

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

26  submitted voluntarily by a health care practitioner or health

27  care facility. The center shall recommend to health care

28  practitioners and health care facilities changes in practices

29  and procedures that may be implemented for the purpose of

30  improving patient safety and preventing patient safety events.

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (c)  Foster the development of a statewide electronic

 2  infrastructure, which may be implemented in phases over a

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

 4  the delivery and quality of health care services by health

 5  care facilities and practitioners. The electronic

 6  infrastructure shall be a secure platform for communication

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

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

 9  electronic infrastructure shall include a "core" electronic

10  medical record. Health care practitioners and health care

11  facilities shall have access to individual electronic medical

12  records subject to the consent of the individual. Health

13  insurers licensed under chapter 627 or chapter 641 shall have

14  access to the electronic medical records of their policy

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

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

17  conducting research to identify diagnostic tests and

18  treatments that are medically effective. Health research

19  entities shall have access to the electronic medical records

20  of individuals subject to the consent of the individual and

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

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

23  identify diagnostic tests and treatments that are medically

24  effective.

25         (d)  Inventory hospitals to determine the current

26  status of implementation of computerized physician medication

27  ordering systems and recommend a plan for expediting

28  implementation statewide or, in hospitals where the center

29  determines that implementation of such systems is not

30  practicable, alternative methods to reduce medication errors.

31  The center shall identify in its plan any barriers to


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  statewide implementation and shall include recommendations to

 2  the Legislature of statutory changes that may be necessary to

 3  eliminate those barriers.

 4         (e)  Establish a simulation center for high technology

 5  intervention surgery and intensive care for use by all

 6  hospitals.

 7         (f)  Identify best practices and share this information

 8  with health care providers.

 9  

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

11  services provided by the center with regard to engaging in

12  other activities that improve health care quality, improve the

13  diagnosis and treatment of diseases and medical conditions,

14  increase the efficiency of the delivery of health care

15  services, increase administrative efficiency, and increase

16  access to quality health care services.

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

18  release deidentified information contained in patient safety

19  data to any health care practitioner or health care facility

20  when recommending changes in practices and procedures which

21  may be implemented by such practitioner or facility to prevent

22  patient safety events or adverse incidents.

23         (4)  All information related to adverse incident

24  reports and all patient safety data submitted to or received

25  by the center shall not be subject to discovery or

26  introduction into evidence in any civil or administrative

27  action. Individuals in attendance at meetings held for the

28  purpose of discussing information related to adverse incidents

29  and patient safety data and meetings held to formulate

30  recommendations to prevent future adverse incidents or patient

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


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  any civil or administrative action related to such events.

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

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

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

 5  individual in advising health practitioners or health care

 6  facilities with regard to carrying out their duties under this

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

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

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

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

11  information provided by the center.

12         (5)  The center shall be a nonprofit corporation

13  registered, incorporated, organized, and operated in

14  compliance with chapter 617, and shall have all powers

15  necessary to carry out the purposes of this section,

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

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

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

19  the purpose of this section.

20         (6)  The center shall:

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

22  with demonstrated expertise in health care quality data and

23  systems analysis, health information management, systems

24  thinking and analysis, human factors analysis, and

25  identification of latent and active errors.

26         2.  Include procedures for ensuring the confidentiality

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

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

29  of directors appointed by the Governor.

30         (a)  The Governor shall appoint two members

31  representing hospitals, one member representing physicians,


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  one member representing nurses, one member representing health

 2  insurance indemnity plans, one member representing health

 3  maintenance organizations, one member representing business,

 4  and one member representing consumers. The Governor shall

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

 6  until their successors are appointed. Members are eligible to

 7  be reappointed for additional terms.

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

 9  shall be a member of the board.

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

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

12         (d)  The members shall elect a chairperson.

13         (e)  Board members shall serve without compensation but

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

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

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

17  health insurer issued a certificate of authority under part

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

19  condition of maintaining such certificate, make payment to the

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

21  individual included in every insurance policy issued during

22  the previous calendar year. Accompanying any payment shall be

23  a certification under oath by the chief executive officer that

24  states the number of individuals that such payment was based

25  on. The health insurer may collect this $1 from policyholders.

26  The center may direct the insurer to provide an independent

27  audit of the certification that shall be furnished within 90

28  days. If payment is not received by the center within 30 days

29  after April 1, interest at the annualized rate of 18 percent

30  shall begin to be charged on the amount due. If payment has

31  not been received within 60 days after interest is charged,


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  the center shall notify the Office of Insurance Regulation

 2  that payment has not been received pursuant to the

 3  requirements of this paragraph. An insurer that refuses to

 4  comply with the requirements of this paragraph is subject to

 5  the forfeiture of its certificate of authority.

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

 7  health maintenance organization issued a certificate of

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

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

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

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

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

13  pursuant to a contract with the health maintenance

14  organization or the prepaid clinic during the previous

15  calendar year. Accompanying any payment shall be a

16  certification under oath by the chief executive officer that

17  states the number of individuals that such payment was based

18  on. The health maintenance organization or prepaid clinic may

19  collect the $1 from individuals eligible to receive services

20  under contract. The center may direct the health maintenance

21  organization or prepaid clinic to provide an independent audit

22  of the certification that shall be furnished within 90 days.

23  If payment is not received by the center within 30 days after

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

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

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

27  shall notify the Department of Financial Services that payment

28  has not been received pursuant to the requirements of this

29  paragraph. A health maintenance organization or prepaid clinic

30  that refuses to comply with the requirements of this paragraph

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


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

 2  hospital and ambulatory surgical center licensed under chapter

 3  395 shall, as a condition of licensure, make payment to the

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

 5  individual during the previous 12 months who was an inpatient

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

 7  ambulatory surgical center. Accompanying payment shall be a

 8  certification under oath by the chief executive officer that

 9  states the number of individuals that such payment was based

10  on. The facility may collect the $1 from patients discharged

11  from the facility. The center may direct the facility to

12  provide an independent audit of the certification that shall

13  be furnished within 90 days. If payment is not received by the

14  center within 30 days after April 1, interest at the

15  annualized rate of 18 percent shall begin to be charged on the

16  amount due. If payment has not been received within 60 days

17  after interest is charged, the center shall notify the Agency

18  for Health Care Administration that payment has not been

19  received pursuant to the requirements of this paragraph. An

20  entity that refuses to comply with the requirements of this

21  paragraph is subject to the forfeiture of its license.

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

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

24  assisted living facility licensed under part III of chapter

25  400, each home health agency licensed under part IV of chapter

26  400, each hospice licensed under part VI of chapter 400, each

27  prescribed pediatric extended care center licensed under part

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

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

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

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


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  aforementioned entity during the previous 12 months.

 2  Accompanying payment shall be a certification under oath by

 3  the chief executive officer that states the number of

 4  individuals that such payment was based on. The entity may

 5  collect the $1 from individuals served by the entity. The

 6  center may direct the entity to provide an independent audit

 7  of the certification that shall be furnished within 90 days.

 8  If payment is not received by the center within 30 days after

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

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

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

12  shall notify the Agency for Health Care Administration that

13  payment has not been received pursuant to the requirements of

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

15  requirements of this paragraph is subject to the forfeiture of

16  its license.

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

18  initial application and renewal fee for each license and each

19  fee for certification or recertification for each person

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

21  for each person licensed as a health care practitioner defined

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

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

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

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

26  pursuant to this paragraph during the preceding 12 months.

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

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

29  that are provided for in this subsection are needed to

30  accomplish the objectives of the center.

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (9)  The center may enter into affiliations with

 2  universities for any purpose.

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

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

 5  projects to improve the quality of program administration,

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

 7  electronic medical record for Medicaid program recipients.

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

 9  shall be in accordance with s. 112.061.

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

11  contracts and the state communications system in accordance

12  with s. 282.105(3).

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

14  of patents, copyrights, trademarks and any licenses,

15  royalties, and other rights or interests thereunder or

16  therein.

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

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

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

20  which includes:

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

22  program to analyze data concerning adverse incidents and

23  patient safety events.

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

25  computerized physician medication ordering system.

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

27  electronic medical record.

28         (d)  Other pertinent information relating to the

29  efforts of the center to improve health care quality and

30  efficiency.

31         (e)  A financial statement and balance sheet.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  

 2  The initial report shall include any recommendations that the

 3  center deems appropriate regarding revisions in the definition

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

 5  adverse incidents by licensed facilities.

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

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

 8  needs and facilitating the fiscal management of the

 9  corporation. Upon dissolution of the corporation, any

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

11  General Revenue Fund, or such other state funds consistent

12  with appropriated funding, as provided by law.

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

14  year.

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

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

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

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

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

20  consult with and develop partnerships, as appropriate, with

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

22  others, health practitioners, health care facilities, health

23  care consumers, professional organizations, agencies, health

24  care practitioner licensing boards, and educational

25  institutions.

26         Section 2.  Section 395.1012, Florida Statutes, is

27  created to read:

28         395.1012  Patient safety.--

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

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

31  482.21 shall be deemed to comply with this requirement.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (2)  Each licensed facility shall appoint a patient

 2  safety officer and a patient safety committee, which shall

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

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

 5  health and safety of patients, reviewing and evaluating the

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

 7  for assisting in the implementation of the facility patient

 8  safety plan.

 9         Section 3.  Subsection (3) is added to section 395.004,

10  Florida Statutes, to read:

11         395.004  Application for license, fees; expenses.--

12         (3)  A licensed facility may apply to the agency for

13  certification of a quality improvement program that results in

14  the reduction of adverse incidents at that facility. The

15  agency, in consultation with the Office of Insurance

16  Regulation, shall develop criteria for such certification.

17  Insurers shall file with the Office of Insurance Regulation a

18  discount in the rate or rates applicable for medical liability

19  insurance coverage to reflect the implementation of a

20  certified program. In reviewing insurance company filings with

21  respect to rate discounts authorized under this subsection,

22  the Office of Insurance Regulation shall consider whether, and

23  the extent to which, the program certified under this

24  subsection is otherwise covered under a program of risk

25  management offered by an insurance company or self-insurance

26  plan providing medical liability coverage.

27         Section 4.  Subsection (2) of section 766.106, Florida

28  Statutes, is amended to read:

29         766.106  Notice before filing action for medical

30  malpractice; presuit screening period; offers for admission of

31  liability and for arbitration; informal discovery; review.--


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (2)  After completion of presuit investigation pursuant

 2  to s. 766.203 and prior to filing a claim for medical

 3  malpractice, a claimant shall notify each prospective

 4  defendant by certified mail, return receipt requested, of

 5  intent to initiate litigation for medical malpractice.

 6  Following the initiation of a suit alleging medical

 7  malpractice with a court of competent jurisdiction, and

 8  service of the complaint upon a defendant, the claimant shall

 9  provide a copy of the complaint to the Department of Health

10  and, if the complaint involves a facility licensed under

11  chapter 395, the Agency for Health Care Administration. The

12  requirement of providing the complaint to the Department of

13  Health or the Agency for Health Care Administration does not

14  impair the claimant's legal rights or ability to seek relief

15  for his or her claim. The Department of Health or the Agency

16  for Health Care Administration shall review each incident that

17  is the subject of the complaint and determine whether it

18  involved conduct by a licensee which is potentially subject to

19  disciplinary action, in which case the provisions of s.

20  456.073 or s. 395.1046 apply.

21         Section 5.  Section 395.0056, Florida Statutes, is

22  created to read:

23         395.0056  Litigation notice requirement.--Upon receipt

24  of a copy of a complaint filed against a hospital as a

25  defendant in a medical malpractice action as required by s.

26  766.106(2), the agency shall:

27         (1)  Review its adverse incident report files

28  pertaining to the licensed facility that is the subject of the

29  complaint to determine whether the facility timely complied

30  with the requirements of s. 395.0197; and

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (2)  Review the incident that is the subject of the

 2  complaint and determine whether it involved conduct by a

 3  licensee which is potentially subject to disciplinary action.

 4         Section 6.  Subsections (3) and (9) of section

 5  395.0193, Florida Statutes, are amended to read:

 6         395.0193  Licensed facilities; peer review;

 7  disciplinary powers; agency or partnership with physicians.--

 8         (3)  If reasonable belief exists that conduct by a

 9  staff member or physician who delivers health care services at

10  the licensed facility may constitute one or more grounds for

11  discipline as provided in this subsection, a peer review panel

12  shall investigate and determine whether grounds for discipline

13  exist with respect to such staff member or physician.  The

14  governing board of any licensed facility, after considering

15  the recommendations of its peer review panel, shall suspend,

16  deny, revoke, or curtail the privileges, or reprimand,

17  counsel, or require education, of any such staff member or

18  physician after a final determination has been made that one

19  or more of the following grounds exist:

20         (a)  Incompetence.

21         (b)  Being found to be a habitual user of intoxicants

22  or drugs to the extent that he or she is deemed dangerous to

23  himself, herself, or others.

24         (c)  Mental or physical impairment which may adversely

25  affect patient care.

26         (d)  Mental or physical abuse of a nurse or other staff

27  member.

28         (e)(d)  Being found liable by a court of competent

29  jurisdiction for medical negligence or malpractice involving

30  negligent conduct.

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (f)(e)  One or more settlements exceeding $10,000 for

 2  medical negligence or malpractice involving negligent conduct

 3  by the staff member.

 4         (g)(f)  Medical negligence other than as specified in

 5  paragraph (d) or paragraph (e).

 6         (h)(g)  Failure to comply with the policies,

 7  procedures, or directives of the risk management program or

 8  any quality assurance committees of any licensed facility.

 9         (9)(a)  If the defendant prevails in an action brought

10  by a staff member or physician who delivers health care

11  services at the licensed facility against any person or entity

12  that initiated, participated in, was a witness in, or

13  conducted any review as authorized by this section, the court

14  shall award reasonable attorney's fees and costs to the

15  defendant.

16         (b)  As a condition of any staff member or physician

17  bringing any action against any person or entity that

18  initiated, participated in, was a witness in, or conducted any

19  review as authorized by this section and before any responsive

20  pleading is due, the staff member or physician shall post a

21  bond or other security, as set by the court having

22  jurisdiction of the action, in an amount sufficient to pay the

23  costs and attorney's fees. A defendant's monetary liability

24  under this section shall not exceed $250,000.

25         Section 7.  Subsections (1), (3), and (8) of section

26  395.0197, Florida Statutes, are amended, present subsections

27  (12) through (20) of that section are redesignated as

28  subsections (13) through (21), respectively, and a new

29  subsection (12) is added to that section, to read:

30         395.0197  Internal risk management program.--

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (1)  Every licensed facility shall, as a part of its

 2  administrative functions, establish an internal risk

 3  management program that includes all of the following

 4  components:

 5         (a)  The investigation and analysis of the frequency

 6  and causes of general categories and specific types of adverse

 7  incidents to patients.

 8         (b)  The development of appropriate measures to

 9  minimize the risk of adverse incidents to patients, including,

10  but not limited to:

11         1.  Risk management and risk prevention education and

12  training of all nonphysician personnel as follows:

13         a.  Such education and training of all nonphysician

14  personnel as part of their initial orientation; and

15         b.  At least 1 hour of such education and training

16  annually for all personnel of the licensed facility working in

17  clinical areas and providing patient care, except those

18  persons licensed as health care practitioners who are required

19  to complete continuing education coursework pursuant to

20  chapter 456 or the respective practice act.

21         2.  A prohibition, except when emergency circumstances

22  require otherwise, against a staff member of the licensed

23  facility attending a patient in the recovery room, unless the

24  staff member is authorized to attend the patient in the

25  recovery room and is in the company of at least one other

26  person.  However, a licensed facility is exempt from the

27  two-person requirement if it has:

28         a.  Live visual observation;

29         b.  Electronic observation; or

30         c.  Any other reasonable measure taken to ensure

31  patient protection and privacy.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         3.  A prohibition against an unlicensed person from

 2  assisting or participating in any surgical procedure unless

 3  the facility has authorized the person to do so following a

 4  competency assessment, and such assistance or participation is

 5  done under the direct and immediate supervision of a licensed

 6  physician and is not otherwise an activity that may only be

 7  performed by a licensed health care practitioner.

 8         4.  Development, implementation, and ongoing evaluation

 9  of procedures, protocols, and systems to accurately identify

10  patients, planned procedures, and the correct site of the

11  planned procedure so as to minimize the performance of a

12  surgical procedure on the wrong patient, a wrong surgical

13  procedure, a wrong-site surgical procedure, or a surgical

14  procedure otherwise unrelated to the patient's diagnosis or

15  medical condition.

16         (c)  The analysis of patient grievances that relate to

17  patient care and the quality of medical services.

18         (d)  A system for informing a patient or an individual

19  identified pursuant to s. 765.401(1) that the patient was the

20  subject of an adverse incident, as defined in subsection (5).

21  Such notice shall be given by the risk manager, or his or her

22  designee, as soon as practicable to allow the patient an

23  opportunity to minimize damage or injury.

24         (e)(d)  The development and implementation of an

25  incident reporting system based upon the affirmative duty of

26  all health care providers and all agents and employees of the

27  licensed health care facility to report adverse incidents to

28  the risk manager, or to his or her designee, within 3 business

29  days after their occurrence.

30         (3)  In addition to the programs mandated by this

31  section, other innovative approaches intended to reduce the


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  frequency and severity of medical malpractice and patient

 2  injury claims shall be encouraged and their implementation and

 3  operation facilitated. Such additional approaches may include

 4  extending internal risk management programs to health care

 5  providers' offices and the assuming of provider liability by a

 6  licensed health care facility for acts or omissions occurring

 7  within the licensed facility. Each licensed facility shall

 8  annually report to the agency and the Department of Health the

 9  name and judgments entered against each health care

10  practitioner for which it assumes liability. The agency and

11  Department of Health, in their respective annual reports,

12  shall include statistics that report the number of licensed

13  facilities that assume such liability and the number of health

14  care practitioners, by profession, for whom they assume

15  liability.

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

17  occurring in the licensed facility or arising from health care

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

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

20  its occurrence:

21         (a)  The death of a patient;

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

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

24  wrong patient;

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

26  procedure;

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

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

29  medically unnecessary or otherwise unrelated to the patient's

30  diagnosis or medical condition;

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

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

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

 4  and documented through the informed-consent process; or

 5         (h)  The performance of procedures to remove unplanned

 6  foreign objects remaining from a surgical procedure.

 7  

 8  The agency may grant extensions to this reporting requirement

 9  for more than 15 days upon justification submitted in writing

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

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

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

13  other law providing access to public records, nor be

14  discoverable or admissible in any civil or administrative

15  action, except in disciplinary proceedings by the agency or

16  the appropriate regulatory board, nor shall they be available

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

18  prosecution in disciplinary proceedings made available to the

19  public by the agency or the appropriate regulatory board.

20  However, the agency or the appropriate regulatory board shall

21  make available, upon written request by a health care

22  professional against whom probable cause has been found, any

23  such records which form the basis of the determination of

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

25  appropriate, any such incident and prescribe measures that

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

27  shall review each incident and determine whether it

28  potentially involved conduct by the health care professional

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

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

31  adverse incidents submitted to the agency by hospitals and


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  ambulatory surgical centers shall be forwarded to the Center

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

 3  analysis by experts who may make recommendations regarding the

 4  prevention of such incidents. Such information shall remain

 5  confidential as otherwise provided by law.

 6         (12)  If appropriate, a licensed facility in which

 7  sexual abuse occurs must offer the victim of sexual abuse

 8  testing for sexually transmissible diseases and shall provide

 9  all such testing at no cost to the victim.

10         Section 8.  Subsection (1) of section 456.025, Florida

11  Statutes, is amended to read:

12         456.025  Fees; receipts; disposition.--

13         (1)  It is the intent of the Legislature that all costs

14  of regulating health care professions and practitioners shall

15  be borne solely by licensees and licensure applicants. It is

16  also the intent of the Legislature that fees should be

17  reasonable and not serve as a barrier to licensure. Moreover,

18  it is the intent of the Legislature that the department

19  operate as efficiently as possible and regularly report to the

20  Legislature additional methods to streamline operational

21  costs. Therefore, the boards in consultation with the

22  department, or the department if there is no board, shall, by

23  rule, set renewal fees which:

24         (a)  Shall be based on revenue projections prepared

25  using generally accepted accounting procedures;

26         (b)  Shall be adequate to cover all expenses relating

27  to that board identified in the department's long-range policy

28  plan, as required by s. 456.005;

29         (c)  Shall be reasonable, fair, and not serve as a

30  barrier to licensure;

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (d)  Shall be based on potential earnings from working

 2  under the scope of the license;

 3         (e)  Shall be similar to fees imposed on similar

 4  licensure types; and

 5         (f)  Shall not be more than 10 percent greater than the

 6  fee imposed for the previous biennium;

 7         (g)  Shall not be more than 10 percent greater than the

 8  actual cost to regulate that profession for the previous

 9  biennium; and

10         (f)(h)  Shall be subject to challenge pursuant to

11  chapter 120.

12         Section 9.  (1)  The Agency for Health Care

13  Administration shall conduct or contract for a study to

14  determine what information is most feasible to provide to the

15  public comparing state-licensed hospitals on certain inpatient

16  quality indicators developed by the federal Agency for

17  Healthcare Research and Quality. Such indicators shall be

18  designed to identify information about specific procedures

19  performed in hospitals for which there is strong evidence of a

20  link to quality of care. The Agency for Health Care

21  Administration or the study contractor shall refer to the

22  hospital quality reports published in New York and Texas as

23  guides during the evaluation.

24         (2)  The following concepts shall be specifically

25  addressed in the study report:

26         (a)  Whether hospital discharge data about services can

27  be translated into understandable and meaningful information

28  for the public.

29         (b)  Whether the following measures are useful consumer

30  guides relating to care provided in state-licensed hospitals:

31         1.  Inpatient mortality for medical conditions;


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         2.  Inpatient mortality for procedures;

 2         3.  Utilization of procedures for which there are

 3  questions of overuse, underuse, or misuse; and

 4         4.  Volume of procedures for which there is evidence

 5  that a higher volume of procedures is associated with lower

 6  mortality.

 7         (c)  Whether there are quality indicators that are

 8  particularly useful relative to the state's unique

 9  demographics.

10         (d)  Whether all hospitals should be included in the

11  comparison.

12         (e)  The criteria for comparison.

13         (f)  Whether comparisons are best within metropolitan

14  statistical areas or some other geographic configuration.

15         (g)  Identify several websites to which such a report

16  should be published to achieve the broadest dissemination of

17  the information.

18         (3)  The Agency for Health Care Administration shall

19  consider the input of all interested parties, including

20  hospitals, physicians, consumer organizations, and patients,

21  and submit the final report to the Governor and the presiding

22  officers of the Legislature by January 1, 2004.

23         Section 10.  Section 395.1051, Florida Statutes, is

24  created to read:

25         395.1051 Duty to notify patients.--Every licensed

26  facility shall inform each patient, or an individual

27  identified pursuant to s. 765.401(1), in person about adverse

28  incidents that result in serious harm to the patient.

29  Notification of outcomes of care that result in harm to the

30  patient under this section shall not constitute an

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  acknowledgement or admission of liability, nor can it be

 2  introduced as evidence.

 3         Section 11.  Section 456.0575, Florida Statutes, is

 4  created to read:

 5         456.0575  Duty to notify patients.--Every licensed

 6  healthcare practitioner shall inform each patient, or an

 7  individual identified pursuant to s. 765.401(1), in person

 8  about adverse incidents that result in serious harm to the

 9  patient. Notification of outcomes of care that result in harm

10  to the patient under this section shall not constitute an

11  acknowledgement of admission of liability, nor can such

12  notifications be introduced as evidence.

13         Section 12.  Section 456.026, Florida Statutes, is

14  amended to read:

15         456.026  Annual report concerning finances,

16  administrative complaints, disciplinary actions, and

17  recommendations.--The department is directed to prepare and

18  submit a report to the President of the Senate and the Speaker

19  of the House of Representatives by November 1 of each year.

20  The department shall publish the report to its website

21  simultaneously with delivery to the President of the Senate

22  and the Speaker of the House of Representatives. The report

23  must be directly accessible on the department's Internet

24  homepage highlighted by easily identifiable links and buttons.

25  In addition to finances and any other information the

26  Legislature may require, the report shall include statistics

27  and relevant information, profession by profession, detailing:

28         (1)  The number of health care practitioners licensed

29  by the Division of Medical Quality Assurance or otherwise

30  authorized to provide services in the state, if known to the

31  department.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (2)(1)  The revenues, expenditures, and cash balances

 2  for the prior year, and a review of the adequacy of existing

 3  fees.

 4         (3)(2)  The number of complaints received and

 5  investigated.

 6         (4)(3)  The number of findings of probable cause made.

 7         (5)(4)  The number of findings of no probable cause

 8  made.

 9         (6)(5)  The number of administrative complaints filed.

10         (7)(6)  The disposition of all administrative

11  complaints.

12         (8)(7)  A description of disciplinary actions taken.

13         (9)  For licensees under chapter 458, chapter 459,

14  chapter 461, or chapter 466, the professional liability claims

15  and actions reported by insurers, as provided in s. 627.912.

16  This information must be provided in a separate section of the

17  report restricted to providing professional liability claims

18  and actions data.

19         (10)(8)  A description of any effort by the department

20  to reduce or otherwise close any investigation or disciplinary

21  proceeding not before the Division of Administrative Hearings

22  under chapter 120 or otherwise not completed within 1 year

23  after the initial filing of a complaint under this chapter.

24         (11)(9)  The status of the development and

25  implementation of rules providing for disciplinary guidelines

26  pursuant to s. 456.079.

27         (12)(10)  Such recommendations for administrative and

28  statutory changes necessary to facilitate efficient and

29  cost-effective operation of the department and the various

30  boards.

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         Section 13.  Section 456.041, Florida Statutes, is

 2  amended to read:

 3         456.041  Practitioner profile; creation.--

 4         (1)(a)  Beginning July 1, 1999, the Department of

 5  Health shall compile the information submitted pursuant to s.

 6  456.039 into a practitioner profile of the applicant

 7  submitting the information, except that the Department of

 8  Health shall may develop a format to compile uniformly any

 9  information submitted under s. 456.039(4)(b). Beginning July

10  1, 2001, the Department of Health may compile the information

11  submitted pursuant to s. 456.0391 into a practitioner profile

12  of the applicant submitting the information.

13         (b)  The department shall take no longer than 45

14  business days to update the practitioner's profile in

15  accordance with the requirements of subsection (7).

16         (2)  On the profile published under subsection (1), the

17  department shall indicate if the information provided under s.

18  456.039(1)(a)7. or s. 456.0391(1)(a)7. is or is not

19  corroborated by a criminal history check conducted according

20  to this subsection. If the information provided under s.

21  456.039(1)(a)7. or s. 456.0391(1)(a)7. is corroborated by the

22  criminal history check, the fact that the criminal history

23  check was performed need not be indicated on the profile. The

24  department, or the board having regulatory authority over the

25  practitioner acting on behalf of the department, shall

26  investigate any information received by the department or the

27  board when it has reasonable grounds to believe that the

28  practitioner has violated any law that relates to the

29  practitioner's practice.

30         (3)  The Department of Health shall may include in each

31  practitioner's practitioner profile that criminal information


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  that directly relates to the practitioner's ability to

 2  competently practice his or her profession.  The department

 3  must include in each practitioner's practitioner profile the

 4  following statement:  "The criminal history information, if

 5  any exists, may be incomplete; federal criminal history

 6  information is not available to the public." The department

 7  shall provide in each practitioner profile, for every final

 8  disciplinary action taken against the practitioner, a

 9  narrative description, written in plain English that explains

10  the administrative complaint filed against the practitioner

11  and the final disciplinary action imposed on the practitioner.

12  The department shall include a hyperlink to each final order

13  listed in its website report of dispositions of recent

14  disciplinary actions taken against practitioners.

15         (4)  The Department of Health shall include, with

16  respect to a practitioner licensed under chapter 458 or

17  chapter 459, a statement of how the practitioner has elected

18  to comply with the financial responsibility requirements of s.

19  458.320 or s. 459.0085. The department shall include, with

20  respect to practitioners subject to s. 456.048, a statement of

21  how the practitioner has elected to comply with the financial

22  responsibility requirements of that section. The department

23  shall include, with respect to practitioners licensed under

24  chapter 458, chapter 459, or chapter 461, information relating

25  to liability actions which has been reported under s. 456.049

26  or s. 627.912 within the previous 10 years for any paid claim

27  that exceeds $5,000. The department shall include, with

28  respect to practitioners licensed under chapter 458 or chapter

29  459, information relating to liability actions which has been

30  reported under s. 456.049 or s. 627.912 within the previous 10

31  years for any paid claim that exceeds $100,000. Such claims


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  information shall be reported in the context of comparing an

 2  individual practitioner's claims to the experience of other

 3  practitioners within the same specialty, or profession if the

 4  practitioner is not a specialist, to the extent such

 5  information is available to the Department of Health. The

 6  department must provide a hyperlink in such practitioner's

 7  profile to all such comparison reports. If information

 8  relating to a liability action is included in a practitioner's

 9  practitioner profile, the profile must also include the

10  following statement: "Settlement of a claim may occur for a

11  variety of reasons that do not necessarily reflect negatively

12  on the professional competence or conduct of the practitioner.

13  A payment in settlement of a medical malpractice action or

14  claim should not be construed as creating a presumption that

15  medical malpractice has occurred."

16         (5)  The Department of Health shall may not include the

17  date of a hospital or ambulatory surgical center disciplinary

18  action taken by a licensed hospital or an ambulatory surgical

19  center, in accordance with the requirements of s. 395.0193, in

20  the practitioner profile. Any practitioner disciplined under

21  paragraph (1)(b) must report to the department the date the

22  disciplinary action was imposed. The department shall state

23  whether the action related to professional competence and

24  whether it related to the delivery of services to a patient.

25         (6)  The Department of Health may include in the

26  practitioner's practitioner profile any other information that

27  is a public record of any governmental entity and that relates

28  to a practitioner's ability to competently practice his or her

29  profession.  However, the department must consult with the

30  board having regulatory authority over the practitioner before

31  such information is included in his or her profile.


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 1         (7)  Upon the completion of a practitioner profile

 2  under this section, the Department of Health shall furnish the

 3  practitioner who is the subject of the profile a copy of it

 4  for review and verification. The practitioner has a period of

 5  30 days in which to review and verify the contents of the

 6  profile and to correct any factual inaccuracies in it. The

 7  Department of Health shall make the profile available to the

 8  public at the end of the 30-day period regardless of whether

 9  the practitioner has provided verification of the profile

10  content. A practitioner shall be subject to a fine of up to

11  $100 per day for failure to verify the profile contents and to

12  correct any factual errors in his or her profile within the

13  30-day period. The department shall make the profiles

14  available to the public through the World Wide Web and other

15  commonly used means of distribution. The department must

16  include the following statement, in boldface type, in each

17  profile that has not been reviewed by the practitioner to

18  which it applies: "The practitioner has not verified the

19  information contained in this profile."

20         (8)  The Department of Health must provide in each

21  profile an easy-to-read explanation of any disciplinary action

22  taken and the reason the sanction or sanctions were imposed.

23         (9)  The Department of Health may provide one link in

24  each profile to a practitioner's professional website if the

25  practitioner requests that such a link be included in his or

26  her profile.

27         (10)(8)  Making a practitioner profile available to the

28  public under this section does not constitute agency action

29  for which a hearing under s. 120.57 may be sought.

30         Section 14.  Section 456.042, Florida Statutes, is

31  amended to read:


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         456.042  Practitioner profiles; update.--A practitioner

 2  must submit updates of required information within 15 days

 3  after the final activity that renders such information a fact.

 4  The Department of Health shall update each practitioner's

 5  practitioner profile periodically. An updated profile is

 6  subject to the same requirements as an original profile with

 7  respect to the period within which the practitioner may review

 8  the profile for the purpose of correcting factual

 9  inaccuracies.

10         Section 15.  Subsection (1) of section 456.049, Florida

11  Statutes, is amended to read:

12         456.049  Health care practitioners; reports on

13  professional liability claims and actions.--

14         (1)  Any practitioner of medicine licensed pursuant to

15  the provisions of chapter 458, practitioner of osteopathic

16  medicine licensed pursuant to the provisions of chapter 459,

17  podiatric physician licensed pursuant to the provisions of

18  chapter 461, or dentist licensed pursuant to the provisions of

19  chapter 466 shall report to the department any claim or action

20  for damages for personal injury alleged to have been caused by

21  error, omission, or negligence in the performance of such

22  licensee's professional services or based on a claimed

23  performance of professional services without consent if the

24  claim was not covered by an insurer required to report under

25  s. 627.912 and the claim resulted in:

26         (a)  A final judgment in any amount.

27         (b)  A settlement in any amount.

28         (c)  A final disposition not resulting in payment on

29  behalf of the licensee.

30  

31  


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 1  Reports shall be filed with the department no later than 60

 2  days following the occurrence of any event listed in paragraph

 3  (a), paragraph (b), or paragraph (c).

 4         Section 16.  Section 456.051, Florida Statutes, is

 5  amended to read:

 6         456.051  Reports of professional liability actions;

 7  bankruptcies; Department of Health's responsibility to

 8  provide.--

 9         (1)  The report of a claim or action for damages for

10  personal injury which is required to be provided to the

11  Department of Health under s. 456.049 or s. 627.912 is public

12  information except for the name of the claimant or injured

13  person, which remains confidential as provided in ss.

14  456.049(2)(d) and 627.912(2)(e).  The Department of Health

15  shall, upon request, make such report available to any person.

16  The department shall make such report available as a part of

17  the practitioner's profile within 45 calendar days after

18  receipt.

19         (2)  Any information in the possession of the

20  Department of Health which relates to a bankruptcy proceeding

21  by a practitioner of medicine licensed under chapter 458, a

22  practitioner of osteopathic medicine licensed under chapter

23  459, a podiatric physician licensed under chapter 461, or a

24  dentist licensed under chapter 466 is public information. The

25  Department of Health shall, upon request, make such

26  information available to any person. The department shall make

27  such report available as a part of the practitioner's profile

28  within 45 calendar days after receipt.

29         Section 17.  Present subsection (8) of section 458.320,

30  Florida Statutes, is redesignated as subsection (9), and a new

31  subsection (8) is added to that section, to read:


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         458.320  Financial responsibility.--

 2         (8)  Notwithstanding any other provision of this

 3  section, the department shall suspend the license of any

 4  physician against whom has been entered a final judgment,

 5  arbitration award, or other order or who has entered into a

 6  settlement agreement to pay damages arising out of a claim for

 7  medical malpractice, if all appellate remedies have been

 8  exhausted and payment up to the amounts required by this

 9  section has not been made within 30 days after the entering of

10  such judgment, award, or order or agreement, until proof of

11  payment is received by the department or a payment schedule

12  has been agreed upon by the physician and the claimant and

13  presented to the department. This subsection does not apply to

14  a physician who has met the financial responsibility

15  requirements in paragraphs (1)(b) and (2)(b).

16         Section 18.  Present subsection (9) of section

17  459.0085, Florida Statutes, is redesignated as subsection

18  (10), and a new subsection (9) is added to that section, to

19  read:

20         459.0085  Financial responsibility.--

21         (9)  Notwithstanding any other provision of this

22  section, the department shall suspend the license of any

23  osteopathic physician against whom has been entered a final

24  judgment, arbitration award, or other order or who has entered

25  into a settlement agreement to pay damages arising out of a

26  claim for medical malpractice, if all appellate remedies have

27  been exhausted and payment up to the amounts required by this

28  section has not been made within 30 days after the entering of

29  such judgment, award, or order or agreement, until proof of

30  payment is received by the department or a payment schedule

31  has been agreed upon by the osteopathic physician and the


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  claimant and presented to the department. This subsection does

 2  not apply to an osteopathic physician who has met the

 3  financial responsibility requirements in paragraphs (1)(b) and

 4  (2)(b).

 5         Section 19.  Civil immunity for members of or

 6  consultants to certain boards, committees, or other

 7  entities.--

 8         (1)  Each member of, or health care professional

 9  consultant to, any committee, board, group, commission, or

10  other entity shall be immune from civil liability for any act,

11  decision, omission, or utterance done or made in performance

12  of his duties while serving as a member of or consultant to

13  such committee, board, group, commission, or other entity

14  established and operated for purposes of quality improvement

15  review, evaluation, and planning in a state-licensed health

16  care facility. Such entities must function primarily to

17  review, evaluate, or make recommendations relating to:

18         (a)  The duration of patient stays in health care

19  facilities;

20         (b)  The professional services furnished with respect

21  to the medical, dental, psychological, podiatric,

22  chiropractic, or optometric necessity for such services;

23         (c)  The purpose of promoting the most efficient use of

24  available health care facilities and services;

25         (d)  The adequacy or quality of professional services;

26         (e)  The competency and qualifications for professional

27  staff privileges;

28         (f)  The reasonableness or appropriateness of charges

29  made by or on behalf of health care facilities; or

30         (g)  Patient safety, including entering into contracts

31  with patient safety organizations.


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 1         (2)  Such committee, board, group, commission, or other

 2  entity must be established in accordance with state law or in

 3  accordance with requirements of the Joint Commission on

 4  Accreditation of Healthcare Organizations, established and

 5  duly constituted by one or more public or licensed private

 6  hospitals or behavioral health agencies, or established by a

 7  governmental agency. To be protected by this section, the act,

 8  decision, omission, or utterance may not be made or done in

 9  bad faith or with malicious intent.

10         Section 20.  Patient safety data privilege.--

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

12         (a)  "Patient safety data" means reports made to

13  patient safety organizations, including all health care data,

14  interviews, memoranda, analyses, root cause analyses, products

15  of quality assurance or quality improvement processes,

16  corrective action plans, or information collected or created

17  by a health care facility licensed under chapter 395 or a

18  health care practitioner as defined in section 456.001(4),

19  Florida Statutes, as a result of an occurrence related to the

20  provision of health care services which exacerbates an

21  existing medical condition or could result in injury, illness,

22  or death.

23         (b)  "Patient safety organization" means any

24  organization, group, or other entity that collects and

25  analyzes patient safety data for the purpose of improving

26  patient safety and health care outcomes and that is

27  independent and not under the control of the entity that

28  reports patient safety data.

29         (2)  Patient safety data shall not be subject to

30  discovery or introduction into evidence in any civil or

31  administrative action.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (3)  Unless otherwise provided by law, a patient safety

 2  organization shall promptly remove all patient-identifying

 3  information after receipt of a complete patient safety data

 4  report unless such organization is otherwise permitted by

 5  state or federal law to maintain such information. Patient

 6  safety organizations shall maintain the confidentiality of all

 7  patient-identifying information and may not disseminate such

 8  information, except as permitted by state or federal law.

 9         (4)  The exchange of patient safety data among health

10  care facilities licensed under chapter 395 or health care

11  practitioners as defined in section 456.001 (4), Florida

12  Statutes, or patient safety organizations which does not

13  identify any patient shall not constitute a waiver of any

14  privilege established in this section.

15         (5)  Reports of patient safety data to patient safety

16  organizations does not abrogate obligations to make reports to

17  the Department of Health, the Agency for Health Care

18  Administration, or other state or federal regulatory agencies.

19         (6)  An employer may not take retaliatory action

20  against an employee who in good faith makes a report of

21  patient safety data to a patient safety organization.

22         Section 21.  Each final settlement statement relating

23  to medical malpractice shall include the following statement:

24  "The decision to settle a case may reflect the economic

25  practicalities pertaining to the cost of litigation and is

26  not, alone, an admission that the insured failed to meet the

27  required standard of care applicable to the patient's

28  treatment. The decision to settle a case may be made by the

29  insurance company without consulting its client for input,

30  unless otherwise provided by the insurance policy."

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         Section 22.  Office of Insurance Regulation; closed

 2  claim forms; report required.--The Office of Insurance

 3  Regulation shall revise its closed claim form for readability

 4  at the 9th grade level. The office shall compile annual

 5  statistical reports that provide data summaries of all closed

 6  claims, including, but not limited to, the number of closed

 7  claims on file pertaining to the referent health care

 8  professional or health care entity, the nature of the errant

 9  conduct, the size of payments, and the frequency and size of

10  noneconomic damage awards. The office shall develop annualized

11  historical statistical summaries beginning with the 1976 state

12  fiscal year and publish these reports on its website no later

13  than the 2005 state fiscal year. The form must accommodate the

14  following minimum requirements:

15         (1)  A practitioner of medicine licensed pursuant to

16  chapter 458, Florida Statutes, or a practitioner of

17  osteopathic medicine licensed pursuant to chapter 459, Florida

18  Statutes, shall report to the Office of Insurance Regulation

19  and the Department of Health any claim or action for damages

20  for personal injury alleged to have been caused by error,

21  omission, or negligence in the performance of such licensee's

22  professional services or based on a claimed performance of

23  professional services without consent if the claim was not

24  covered by an insurer required to report under section

25  627.912, Florida Statutes, is not a claim for medical

26  malpractice that is subject to the provisions of section

27  766.106, Florida Statutes, and the claim resulted in:

28         (a)  A final judgment in any amount.

29         (b)  A settlement in any amount.

30         (c)  A final disposition not resulting in payment on

31  behalf of the licensee.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  

 2  Reports shall be filed with the Office of Insurance Regulation

 3  no later than 60 days following the occurrence of any event

 4  listed in this subsection.

 5         (2)  Health professional reports must contain:

 6         (a)  The name and address of the licensee.

 7         (b)  The alleged occurrence.

 8         (c)  The date of the alleged occurrence.

 9         (d)  The date the claim or action was reported to the

10  licensee.

11         (e)  The name and address of the opposing party.

12         (f)  The date of suit, if filed.

13         (g)  The injured person's age and sex.

14         (h)  The total number and names of all defendants

15  involved in the claim.

16         (i)  The date and amount of judgment or settlement, if

17  any, including the itemization of the verdict, together with a

18  copy of the settlement or judgment.

19         (j)  In the case of a settlement, any information

20  required by the Office of Insurance Regulation concerning the

21  injured person's incurred and anticipated medical expense,

22  wage loss, and other expenses.

23         (k)  The loss adjustment expense paid to defense

24  counsel, and all other allocated loss adjustment expense paid.

25         (l)  The date and reason for final disposition, if

26  there was no judgment or settlement.

27         (m)  A summary of the occurrence that created the

28  claim, which must include:

29         1.  The name of the institution, if any, and the

30  location within such institution, at which the injury

31  occurred.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         2.  The final diagnosis for which treatment was sought

 2  or rendered, including the patient's actual condition.

 3         3.  A description of the misdiagnosis made, if any, of

 4  the patient's actual condition.

 5         4.  The operation or the diagnostic or treatment

 6  procedure causing the injury.

 7         5.  A description of the principal injury giving rise

 8  to the claim.

 9         6.  The safety management steps that have been taken by

10  the licensee to make similar occurrences or injuries less

11  likely in the future.

12         (n)  Any other information required by the Office of

13  Insurance Regulation to analyze and evaluate the nature,

14  causes, location, cost, and damages involved in professional

15  liability cases.

16         Section 23.  Paragraph (a) of subsection (1) of section

17  456.039, Florida Statutes, is amended to read:

18         456.039  Designated health care professionals;

19  information required for licensure.--

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

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

22  chapter 461, except a person applying for registration

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

24  application, and each physician who applies for license

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

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

27  458.345 and 459.021, must, in conjunction with the renewal of

28  such license and under procedures adopted by the Department of

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

30  required from the applicant, furnish the following information

31  to the Department of Health:


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

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

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

 4  education completed by the applicant, excluding any coursework

 5  taken to satisfy medical licensure continuing education

 6  requirements.

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

 8  has privileges.

 9         3.  The address at which the applicant will primarily

10  conduct his or her practice.

11         4.  Any certification that the applicant has received

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

13  which the applicant is applying.

14         5.  The year that the applicant began practicing

15  medicine.

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

17  which the applicant currently holds and an indication as to

18  whether the applicant has had the responsibility for graduate

19  medical education within the most recent 10 years.

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

21  applicant has been found guilty, regardless of whether

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

23  has pled guilty or nolo contendere.  A criminal offense

24  committed in another jurisdiction which would have been a

25  felony or misdemeanor if committed in this state must be

26  reported. If the applicant indicates that a criminal offense

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

28  that criminal offense, the department must state that the

29  criminal offense is under appeal if the criminal offense is

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

31  indicates to the department that a criminal offense is under


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

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

 3  disposition.

 4         8.  A description of any final disciplinary action

 5  taken within the previous 10 years against the applicant by

 6  the agency regulating the profession that the applicant is or

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

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

 9  the American Board of Medical Specialties, the American

10  Osteopathic Association, or a similar national organization,

11  or by a licensed hospital, health maintenance organization,

12  prepaid health clinic, ambulatory surgical center, or nursing

13  home. Disciplinary action includes resignation from or

14  nonrenewal of medical staff membership or the restriction of

15  privileges at a licensed hospital, health maintenance

16  organization, prepaid health clinic, ambulatory surgical

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

18  pending disciplinary case related to competence or character.

19  If the applicant indicates that the disciplinary action is

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

21  appeal of the disciplinary action, the department must state

22  that the disciplinary action is under appeal if the

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

24         9.  Relevant professional qualifications as defined by

25  the applicable board.

26         Section 24.  Paragraph (a) of subsection (7) of section

27  456.057, Florida Statutes, is amended to read:

28         456.057  Ownership and control of patient records;

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

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

31  pursuant to a subpoena without written authorization from the


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

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

 3  that a health care practitioner has excessively or

 4  inappropriately prescribed any controlled substance specified

 5  in chapter 893 in violation of this chapter or any

 6  professional practice act or that a health care practitioner

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

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

 9  any professional practice act and also find that appropriate,

10  reasonable attempts were made to obtain a patient release.

11         2.  The department may obtain patient records and

12  insurance information pursuant to a subpoena without written

13  authorization from the patient if the department and the

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

15  reasonable cause to believe that a health care practitioner

16  has provided inadequate medical care based on termination of

17  insurance and also find that appropriate, reasonable attempts

18  were made to obtain a patient release.

19         3.  The department may obtain patient records, billing

20  records, insurance information, provider contracts, and all

21  attachments thereto pursuant to a subpoena without written

22  authorization from the patient if the department and probable

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

24  cause to believe that a health care practitioner has submitted

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

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

27  billing code that accurately describes the services performed,

28  requested payment for services that were not performed by that

29  health care practitioner, used information derived from a

30  written report of an automobile accident generated pursuant to

31  chapter 316 to solicit or obtain patients personally or


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  through an agent regardless of whether the information is

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

 3  or from another person, solicited patients fraudulently,

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

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

 6  caused to be presented a false or fraudulent insurance claim

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

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

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

10  deceased, incapacitated, or suspected of being a participant

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

12  specific and relevant records. For purposes of this

13  subsection, if the patient refuses to cooperate, is

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

15  department may obtain patient records pursuant to a subpoena

16  without written authorization from the patient.

17         Section 25.  Subsection (4) is added to section

18  456.063, Florida Statutes, to read:

19         456.063  Sexual misconduct; disqualification for

20  license, certificate, or registration.--

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

22  board, may adopt rules to implement the requirements for

23  reporting allegations of sexual misconduct, including rules to

24  determine the sufficiency of the allegations.

25         Section 26.  Each board within the Department of Health

26  which has jurisdiction over health care practitioners who are

27  authorized to prescribe drugs may adopt by rule standards of

28  practice for practitioners who are under that board's

29  jurisdiction for the safe and ethical prescription of drugs to

30  patients via the Internet or other electronic means.

31  


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         Section 27.  Subsection (4) of section 456.072, Florida

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

 3  that section to read:

 4         456.072  Grounds for discipline; penalties;

 5  enforcement.--

 6         (4)  In addition to any other discipline imposed

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

 8  2001, pursuant to this section or discipline imposed through

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

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

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

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

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

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

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

16  assessment is not paid within a reasonable time, such

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

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

19  assessing such fines or costs, the department or the

20  Department of Legal Affairs may contract for the collection

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

22  assessment.

23         (7)  In any formal administrative hearing conducted

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

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

26  evidence.

27         Section 28.  Subsections (1) and (5) of section

28  456.073, Florida Statutes, are amended to read:

29         456.073  Disciplinary proceedings.--Disciplinary

30  proceedings for each board shall be within the jurisdiction of

31  the department.


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1         (1)  The department, for the boards under its

 2  jurisdiction, shall cause to be investigated any complaint

 3  that is filed before it if the complaint is in writing, signed

 4  by the complainant, and legally sufficient. A complaint is

 5  legally sufficient if it contains ultimate facts that show

 6  that a violation of this chapter, of any of the practice acts

 7  relating to the professions regulated by the department, or of

 8  any rule adopted by the department or a regulatory board in

 9  the department has occurred. In order to determine legal

10  sufficiency, the department may require supporting information

11  or documentation. The department may investigate, and the

12  department or the appropriate board may take appropriate final

13  action on, a complaint even though the original complainant

14  withdraws it or otherwise indicates a desire not to cause the

15  complaint to be investigated or prosecuted to completion. The

16  department may investigate an anonymous complaint if the

17  complaint is in writing and is legally sufficient, if the

18  alleged violation of law or rules is substantial, and if the

19  department has reason to believe, after preliminary inquiry,

20  that the violations alleged in the complaint are true. The

21  department may investigate a complaint made by a confidential

22  informant if the complaint is legally sufficient, if the

23  alleged violation of law or rule is substantial, and if the

24  department has reason to believe, after preliminary inquiry,

25  that the allegations of the complainant are true. The

26  department may initiate an investigation if it has reasonable

27  cause to believe that a licensee or a group of licensees has

28  violated a Florida statute, a rule of the department, or a

29  rule of a board. The department may investigate information

30  filed pursuant to s. 456.041(4) relating to liability actions

31  with respect to practitioners licensed under chapter 458 and


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  chapter 459 which have been reported under s. 456.049 or s.

 2  627.912 within the previous 10 years for any paid claim that

 3  exceeds $50,000. Except as provided in ss. 458.331(9),

 4  459.015(9), 460.413(5), and 461.013(6), when an investigation

 5  of any subject is undertaken, the department shall promptly

 6  furnish to the subject or the subject's attorney a copy of the

 7  complaint or document that resulted in the initiation of the

 8  investigation. The subject may submit a written response to

 9  the information contained in such complaint or document within

10  20 days after service to the subject of the complaint or

11  document. The subject's written response shall be considered

12  by the probable cause panel. The right to respond does not

13  prohibit the issuance of a summary emergency order if

14  necessary to protect the public. However, if the secretary, or

15  the secretary's designee, and the chair of the respective

16  board or the chair of its probable cause panel agree in

17  writing that such notification would be detrimental to the

18  investigation, the department may withhold notification. The

19  department may conduct an investigation without notification

20  to any subject if the act under investigation is a criminal

21  offense.

22         (5)  A formal hearing before an administrative law

23  judge from the Division of Administrative Hearings shall be

24  held pursuant to chapter 120 if there are any disputed issues

25  of material fact. The administrative law judge shall issue a

26  recommended order pursuant to chapter 120. Notwithstanding s.

27  120.569(2), the department shall notify the division within 45

28  days after receipt of a petition or request for a formal

29  hearing. If any party raises an issue of disputed fact during

30  an informal hearing, the hearing shall be terminated and a

31  formal hearing pursuant to chapter 120 shall be held.


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 1         Section 29.  Subsection (1) of section 456.077, Florida

 2  Statutes, is amended to read:

 3         456.077  Authority to issue citations.--

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

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

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

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

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

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

10  penalty imposed. The citation must clearly state that the

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

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

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

14  456.073 must be followed. However, if the subject does not

15  dispute the matter in the citation with the department within

16  30 days after the citation is served, the citation becomes a

17  final order and does not constitute constitutes discipline for

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

19  conditions as established by rule.

20         Section 30.  Subsection (1) of section 456.078, Florida

21  Statutes, is amended to read:

22         456.078  Mediation.--

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

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

25  rules to designate which violations of the applicable

26  professional practice act, including standard-of-care

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

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

29  mediation offenses those complaints where harm caused by the

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

31  licensee.


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 1         Section 31.  Paragraph (t) of subsection (1) and

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

 3  are amended to read:

 4         458.331  Grounds for disciplinary action; action by the

 5  board and department.--

 6         (1)  The following acts constitute grounds for denial

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

 8  456.072(2):

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

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

11  treatment which is recognized by a reasonably prudent similar

12  physician as being acceptable under similar conditions and

13  circumstances.  The board shall give great weight to the

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

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

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

17  malpractice within the previous 5-year period resulting in

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

19  the claimant in a judgment or settlement and which incidents

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

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

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

23  is recognized by a reasonably prudent similar physician as

24  being acceptable under similar conditions and circumstances,"

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

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

27  construed to require that a physician be incompetent to

28  practice medicine in order to be disciplined pursuant to this

29  paragraph. A recommended order by an administrative law judge

30  or a final order of the board finding a violation under this

31  paragraph shall specify whether the licensee was found to have


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  committed "gross malpractice," "repeated malpractice," or

 2  "failure to practice medicine with that level of care, skill,

 3  and treatment which is recognized as being acceptable under

 4  similar conditions and circumstances," or any combination

 5  thereof, and any publication by the board must so specify.

 6         (3)  In any administrative action against a physician

 7  which does not involve revocation or suspension of license,

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

 9  the evidence, to establish the existence of grounds for

10  disciplinary action.  The division shall establish grounds for

11  revocation or suspension of license by clear and convincing

12  evidence.

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

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

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

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

17  claimant of a presuit notice against a physician pursuant to

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

19  determine whether it potentially involved conduct by a

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

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

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

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

24  5-year period, the department shall investigate the

25  occurrences upon which the claims were based and determine if

26  action by the department against the physician is warranted.

27         Section 32.  Paragraph (x) of subsection (1) and

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

29  are amended to read:

30         459.015  Grounds for disciplinary action; action by the

31  board and department.--


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 1         (1)  The following acts constitute grounds for denial

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

 3  456.072(2):

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

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

 6  and treatment which is recognized by a reasonably prudent

 7  similar osteopathic physician as being acceptable under

 8  similar conditions and circumstances. The board shall give

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

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

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

12  claims for medical malpractice within the previous 5-year

13  period resulting in indemnities being paid in excess of

14  $50,000 $25,000 each to the claimant in a judgment or

15  settlement and which incidents involved negligent conduct by

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

17  malpractice" or "the failure to practice osteopathic medicine

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

19  recognized by a reasonably prudent similar osteopathic

20  physician as being acceptable under similar conditions and

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

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

23  shall be construed to require that an osteopathic physician be

24  incompetent to practice osteopathic medicine in order to be

25  disciplined pursuant to this paragraph.  A recommended order

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

27  finding a violation under this paragraph shall specify whether

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

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

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

31  is recognized as being acceptable under similar conditions and


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  circumstances," or any combination thereof, and any

 2  publication by the board shall so specify.

 3         (3)  In any administrative action against a physician

 4  which does not involve revocation or suspension of license,

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

 6  the evidence, to establish the existence of grounds for

 7  disciplinary action.  The division shall establish grounds for

 8  revocation or suspension of license by clear and convincing

 9  evidence.

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

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

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

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

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

15  osteopathic physician pursuant to s. 766.106, the department

16  shall review each report and determine whether it potentially

17  involved conduct by a licensee that is subject to disciplinary

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

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

20  physician has had three or more claims with indemnities

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

22  period, the department shall investigate the occurrences upon

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

24  department against the osteopathic physician is warranted.

25         Section 33.  Paragraph (s) of subsection (1) and

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

27  Statutes, are amended to read:

28         461.013  Grounds for disciplinary action; action by the

29  board; investigations by department.--

30  

31  


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 1         (1)  The following acts constitute grounds for denial

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

 3  456.072(2):

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

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

 6  treatment which is recognized by a reasonably prudent

 7  podiatric physician as being acceptable under similar

 8  conditions and circumstances.  The board shall give great

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

10  interpreting this section. As used in this paragraph,

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

12  or more claims for medical malpractice within the previous

13  5-year period resulting in indemnities being paid in excess of

14  $50,000 $10,000 each to the claimant in a judgment or

15  settlement and which incidents involved negligent conduct by

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

17  malpractice" or "the failure to practice podiatric medicine

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

19  recognized by a reasonably prudent similar podiatric physician

20  as being acceptable under similar conditions and

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

22  than one instance, event, or act.

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

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

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

26  receipt from a claimant of a presuit notice against a

27  podiatric physician pursuant to s. 766.106, the department

28  shall review each report and determine whether it potentially

29  involved conduct by a licensee that is subject to disciplinary

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

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


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



 1  has had three or more claims with indemnities exceeding

 2  $50,000 $25,000 each within the previous 5-year period, the

 3  department shall investigate the occurrences upon which the

 4  claims were based and determine if action by the department

 5  against the podiatric physician is warranted.

 6         Section 34.  Paragraph (x) of subsection (1) of section

 7  466.028, Florida Statutes, is amended to read:

 8         466.028  Grounds for disciplinary action; action by the

 9  board.--

10         (1)  The following acts constitute grounds for denial

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

12  456.072(2):

13         (x)  Being guilty of incompetence or negligence by

14  failing to meet the minimum standards of performance in

15  diagnosis and treatment when measured against generally

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

17  the undertaking of diagnosis and treatment for which the

18  dentist is not qualified by training or experience or being

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

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

21  incompetence or negligence by declining to treat an individual

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

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

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

25  is not clinically satisfactory or properly equipped to treat

26  the unique characteristics and health status of the dental

27  patient, provided the dentist refers the patient to a

28  qualified dentist or facility for appropriate treatment.  As

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

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

31  5-year period which resulted in indemnity being paid, or any


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

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

 3  the part of the dentist.

 4         Section 35.  Subsection (1) of section 627.912, Florida

 5  Statutes, is amended to read:

 6         627.912  Professional liability claims and actions;

 7  reports by insurers.--

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

 9  each insurer or joint underwriting association providing

10  professional liability insurance to a practitioner of medicine

11  licensed under chapter 458, to a practitioner of osteopathic

12  medicine licensed under chapter 459, to a podiatric physician

13  licensed under chapter 461, to a dentist licensed under

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

15  crisis stabilization unit licensed under part IV of chapter

16  394, to a health maintenance organization certificated under

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

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

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

20  Department of Insurance any claim or action for damages for

21  personal injuries claimed to have been caused by error,

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

23  professional services or based on a claimed performance of

24  professional services without consent, if the claim resulted

25  in:

26         (a)  A final judgment in any amount.

27         (b)  A settlement in any amount.

28  

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

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

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


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 1  $50,000 or more, or if the insured party is licensed under

 2  chapter 466 and the final judgment or settlement amount was

 3  $25,000 or more, the report shall be filed or chapter 466,

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

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

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

 7  report and determine whether any of the incidents that

 8  resulted in the claim potentially involved conduct by the

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

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

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

12  shall publish annual statistics, without identifying

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

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

15  appropriate regulatory board.

16         Section 36.  The Office of Program Policy Analysis and

17  Government Accountability and the Office of the Auditor

18  General must jointly conduct an audit of the Department of

19  Health's health care practitioner disciplinary process and

20  closed claims that are filed with the department under section

21  627.912, Florida Statutes. The Office of Program Policy

22  Analysis and Government Accountability and the Office of the

23  Auditor General shall submit a report to the Legislature by

24  January 1, 2004.

25         Section 37.  Section 1004.08, Florida Statutes, is

26  created to read:

27         1004.08  Patient safety instructional

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

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

30  shall include in the curricula applicable to such degrees

31  material on patient safety, including patient safety


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    CS for CS for CS for SB 562 & SB 1912          First Engrossed



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

 2  to, effective communication and teamwork; epidemiology of

 3  patient injuries and medical errors; medical injuries;

 4  vigilance, attention and fatigue; checklists and inspections;

 5  automation, technological, and computer support; psychological

 6  factors in human error; and reporting systems.

 7         Section 38.  Section 1005.07, Florida Statutes, is

 8  created to read:

 9         1005.07  Patient safety instructional

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

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

12  shall include in the curricula applicable to such degrees

13  material on patient safety, including patient safety

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

15  to, effective communication and teamwork; epidemiology of

16  patient injuries and medical errors; medical injuries;

17  vigilance, attention and fatigue; checklists and inspections;

18  automation, technological, and computer support; psychological

19  factors in human error; and reporting systems.

20         Section 39.  If any provision of this act or its

21  application to any person or circumstance is held invalid, the

22  invalidity does not affect other provisions or applications of

23  the act which can be given effect without the invalid

24  provision or application, and to this end the provisions of

25  this act are severable.

26         Section 40.  No later than September 1, 2003, the

27  Department of Health shall convene a workgroup to study the

28  current healthcare practitioner disciplinary process. The

29  workgroup shall include a representative of the Administrative

30  Law section of The Florida Bar, a representative of the Health

31  Law section of The Florida Bar, a representative of the


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 1  Florida Medical Association, a representative of the Florida

 2  Osteopathic Medical Association, a representative of the

 3  Florida Dental Association, a member of the Florida Board of

 4  Medicine who has served on the probable cause panel, a member

 5  of the Board of Osteopathic Medicine who has served on the

 6  probable cause panel, and a member of the Board of Dentistry

 7  who has served on the probable cause panel. The workgroup

 8  shall also include one consumer member of the Board of

 9  Medicine. The Department of Health shall present the findings

10  and recommendations to the Governor, the President of the

11  Senate, and the Speaker of the House of Representatives no

12  later than January 1, 2004. The sponsoring organizations shall

13  assume the costs of their representative.

14         Section 41.  The sum of $687,786 is appropriated from

15  the Medical Quality Assurance Trust Fund to the Department of

16  Health, and seven positions are authorized, for the purpose of

17  implementing this act during the 2003-2004 fiscal year. The

18  sum of $452,122 is appropriated from the General Revenue Fund

19  to the Agency for Health Care Administration, and five

20  positions are authorized, for the purpose of implementing this

21  act during the 2003-2004 fiscal year.

22         Section 42.  This act shall take effect July 1, 2003.

23  

24  

25  

26  

27  

28  

29  

30  

31  


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