SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 260896
                            CHAMBER ACTION
              Senate                               House
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       06/18/2003 05:15 PM         .                    
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11  Senators Diaz de la Portilla, Villalobos and Garcia moved the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 149, between lines 20 and 21,
16  
17  insert:  
18         Section 74.  Paragraph (e) is added to subsection (10)
19  of section 768.28, Florida Statutes, to read:
20         768.28  Waiver of sovereign immunity in tort actions;
21  recovery limits; limitation on attorney fees; statute of
22  limitations; exclusions; indemnification; risk management
23  programs.--
24         (10)
25         (e)1.  Any time the medical school or program at the
26  University of Miami enters into an affiliation agreement or a
27  contract to allow its faculty, health care professionals,
28  practitioners, ancillary caregivers, and employees to provide
29  patient services to hospital patients treated at a public
30  hospital, such persons and the medical school or program are
31  considered to be agents of the governmental entity for
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    8:16 PM   06/17/03                             s0002Bc1c-36e2g

SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 260896 1 purposes of this section and are immune from liability for 2 torts in the same manner and to the same extent as the state 3 and its agencies and subdivisions while providing such patient 4 services. 5 2. As used in this paragraph, the term: 6 a. "Patient services" means comprehensive health care 7 services as defined in s. 641.19(2), including related 8 administrative services, to patients of a public hospital and 9 the supervision of interns, residents, and fellows providing 10 patient services to patients of a public hospital and access 11 to participation in medical research protocols. 12 b. "Public hospital" means a statutory teaching 13 hospital or any other licensed or accredited health care 14 facility owned or used by the state or by a county, 15 municipality, public authority, special taxing district having 16 health care responsibilities, or other local governmental 17 entity or at other locations under contract with the 18 governmental entity. 19 3. Such an employee or agent of the medical school or 20 program of the University of Miami is not personally liable in 21 tort and may not be named as a party defendant in any action 22 arising from the provision of services to patients in a public 23 hospital, except as provided in paragraph (9)(a). 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 16, line 18, after the semicolon, 31 2 8:16 PM 06/17/03 s0002Bc1c-36e2g
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 260896 1 insert: 2 providing for sovereign immunity for specified 3 medical program faculty or employees under 4 specified conditions; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:16 PM 06/17/03 s0002Bc1c-36e2g