SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 034944
CHAMBER ACTION
Senate House
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04/23/2003 03:11 PM .
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11 Senator Smith moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 24, line 24, through
15 page 27, line 15, delete those lines
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17 and insert:
18 Section 12. Subsection (2) of section 768.13, Florida
19 Statutes, is amended to read:
20 768.13 Good Samaritan Act; immunity from civil
21 liability.--
22 (2)(a) Any person, including those licensed to
23 practice medicine, who gratuitously and in good faith renders
24 emergency care or treatment either in direct response to
25 emergency situations related to and arising out of a public
26 health emergency declared pursuant to s. 381.00315, a state of
27 emergency which has been declared pursuant to s. 252.36 or at
28 the scene of an emergency outside of a hospital, doctor's
29 office, or other place having proper medical equipment,
30 without objection of the injured victim or victims thereof,
31 shall not be held liable for any civil damages as a result of
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1:43 PM 04/22/03 s0564c3c-14m0a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 034944
1 such care or treatment or as a result of any act or failure to
2 act in providing or arranging further medical treatment where
3 the person acts as an ordinary reasonably prudent person would
4 have acted under the same or similar circumstances.
5 (b)1. Any health care provider, including a hospital
6 licensed under chapter 395, providing emergency services
7 pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s.
8 395.401, or s. 401.45 any employee of such hospital working in
9 a clinical area within the facility and providing patient
10 care, and any person licensed to practice medicine who in good
11 faith renders medical care or treatment necessitated by a
12 sudden, unexpected situation or occurrence resulting in a
13 serious medical condition demanding immediate medical
14 attention, for which the patient enters the hospital through
15 its emergency room or trauma center, or necessitated by a
16 public health emergency declared pursuant to s. 381.00315
17 shall not be held liable for any civil damages as a result of
18 such medical care or treatment unless such damages result from
19 providing, or failing to provide, medical care or treatment
20 under circumstances demonstrating a reckless disregard for the
21 consequences so as to affect the life or health of another.
22 2. The immunity provided by this paragraph applies
23 does not apply to damages as a result of any act or omission
24 of providing medical care or treatment, including diagnosis:
25 a. Which occurs prior to the time after the patient is
26 stabilized and is capable of receiving medical treatment as a
27 nonemergency patient, unless surgery is required as a result
28 of the emergency within a reasonable time after the patient is
29 stabilized, in which case the immunity provided by this
30 paragraph applies to any act or omission of providing medical
31 care or treatment which occurs prior to the stabilization of
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1:43 PM 04/22/03 s0564c3c-14m0a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 034944
1 the patient following the surgery; and or
2 b. Related Unrelated to the original medical
3 emergency.
4 3. For purposes of this paragraph, "reckless
5 disregard" as it applies to a given health care provider
6 rendering emergency medical services shall be such conduct
7 that which a health care provider knew or should have known,
8 at the time such services were rendered, created an
9 unreasonable risk of injury so as to affect the life or health
10 of another, and such risk was substantially greater than that
11 which is necessary to make the conduct negligent. would be
12 likely to result in injury so as to affect the life or health
13 of another, taking into account the following to the extent
14 they may be present;
15 a. The extent or serious nature of the circumstances
16 prevailing.
17 b. The lack of time or ability to obtain appropriate
18 consultation.
19 c. The lack of a prior patient-physician relationship.
20 d. The inability to obtain an appropriate medical
21 history of the patient.
22 e. The time constraints imposed by coexisting
23 emergencies.
24 4. Every emergency care facility granted immunity
25 under this paragraph shall accept and treat all emergency care
26 patients within the operational capacity of such facility
27 without regard to ability to pay, including patients
28 transferred from another emergency care facility or other
29 health care provider pursuant to Pub. L. No. 99-272, s. 9121.
30 The failure of an emergency care facility to comply with this
31 subparagraph constitutes grounds for the department to
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1:43 PM 04/22/03 s0564c3c-14m0a
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
Amendment No. ___ Barcode 034944
1 initiate disciplinary action against the facility pursuant to
2 chapter 395.
3 (c) Any person who is licensed to practice medicine,
4 while acting as a staff member or with professional clinical
5 privileges at a nonprofit medical facility, other than a
6 hospital licensed under chapter 395, or while performing
7 health screening services, shall not be held liable for any
8 civil damages as a result of care or treatment provided
9 gratuitously in such capacity as a result of any act or
10 failure to act in such capacity in providing or arranging
11 further medical treatment, if such person acts as a reasonably
12 prudent person licensed to practice medicine would have acted
13 under the same or similar circumstances.
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17 And the title is amended as follows:
18 On page 2, lines 13-15, delete those lines
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20 and insert:
21 F.S.; revising guidelines for immunity from
22 liability under the "Good Samaritan Act";
23 amending s.
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