SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 522760
                            CHAMBER ACTION
              Senate                               House
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       06/18/2003 12:10 PM         .                    
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11  Senator Campbell moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 86, line 16, through
15            page 89, line 17, delete those lines
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17  and insert:  
18         Section 32.  Paragraph (t) of subsection (1) and
19  subsections (3) and (6) of section 458.331, Florida Statutes,
20  are amended, and paragraph (oo) is added to subsection (1) of
21  that section, to read:
22         458.331  Grounds for disciplinary action; action by the
23  board and department.--
24         (1)  The following acts constitute grounds for denial
25  of a license or disciplinary action, as specified in s.
26  456.072(2):
27         (t)  Gross or repeated malpractice or the failure to
28  practice medicine with that level of care, skill, and
29  treatment which is recognized by a reasonably prudent similar
30  physician as being acceptable under similar conditions and
31  circumstances.  The board shall give great weight to the
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    7:32 PM   06/17/03                             s0002Bc1c-32c9i

SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 522760 1 provisions of s. 766.102 when enforcing this paragraph. As 2 used in this paragraph, "repeated malpractice" includes, but 3 is not limited to, three or more claims for medical 4 malpractice within the previous 5-year period resulting in 5 indemnities being paid in excess of $50,000 $25,000 each to 6 the claimant in a judgment or settlement and which incidents 7 involved negligent conduct by the physician. As used in this 8 paragraph, "gross malpractice" or "the failure to practice 9 medicine with that level of care, skill, and treatment which 10 is recognized by a reasonably prudent similar physician as 11 being acceptable under similar conditions and circumstances," 12 shall not be construed so as to require more than one 13 instance, event, or act. Nothing in this paragraph shall be 14 construed to require that a physician be incompetent to 15 practice medicine in order to be disciplined pursuant to this 16 paragraph. A recommended order by an administrative law judge 17 or a final order of the board finding a violation under this 18 paragraph shall specify whether the licensee was found to have 19 committed "gross malpractice," "repeated malpractice," or 20 "failure to practice medicine with that level of care, skill, 21 and treatment which is recognized as being acceptable under 22 similar conditions and circumstances," or any combination 23 thereof, and any publication by the board must so specify. 24 (oo) Except as otherwise provided in this section, 25 delegating a surgeon's responsibilities to a patient before, 26 during, and after surgery to a person other than an 27 equivalently-trained physician licensed under this chapter or 28 chapter 459. 29 (3) In any administrative action against a physician 30 which does not involve revocation or suspension of license, 31 the division shall have the burden, by the greater weight of 2 7:32 PM 06/17/03 s0002Bc1c-32c9i
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 522760 1 the evidence, to establish the existence of grounds for 2 disciplinary action. The division shall establish grounds for 3 revocation or suspension of license by clear and convincing 4 evidence. 5 (6) Upon the department's receipt from an insurer or 6 self-insurer of a report of a closed claim against a physician 7 pursuant to s. 627.912 or from a health care practitioner of a 8 report pursuant to s. 456.049, or upon the receipt from a 9 claimant of a presuit notice against a physician pursuant to 10 s. 766.106, the department shall review each report and 11 determine whether it potentially involved conduct by a 12 licensee that is subject to disciplinary action, in which case 13 the provisions of s. 456.073 shall apply. However, if it is 14 reported that a physician has had three or more claims with 15 indemnities exceeding $50,000 $25,000 each within the previous 16 5-year period, the department shall investigate the 17 occurrences upon which the claims were based and determine if 18 action by the department against the physician is warranted. 19 Section 33. Paragraph (x) of subsection (1) and 20 subsections (3) and (6) of section 459.015, Florida Statutes, 21 are amended, and paragraph (qq) is added to subsection (1) of 22 that section, to read: 23 459.015 Grounds for disciplinary action; action by the 24 board and department.-- 25 (1) The following acts constitute grounds for denial 26 of a license or disciplinary action, as specified in s. 27 456.072(2): 28 (x) Gross or repeated malpractice or the failure to 29 practice osteopathic medicine with that level of care, skill, 30 and treatment which is recognized by a reasonably prudent 31 similar osteopathic physician as being acceptable under 3 7:32 PM 06/17/03 s0002Bc1c-32c9i
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 522760 1 similar conditions and circumstances. The board shall give 2 great weight to the provisions of s. 766.102 when enforcing 3 this paragraph. As used in this paragraph, "repeated 4 malpractice" includes, but is not limited to, three or more 5 claims for medical malpractice within the previous 5-year 6 period resulting in indemnities being paid in excess of 7 $50,000 $25,000 each to the claimant in a judgment or 8 settlement and which incidents involved negligent conduct by 9 the osteopathic physician. As used in this paragraph, "gross 10 malpractice" or "the failure to practice osteopathic medicine 11 with that level of care, skill, and treatment which is 12 recognized by a reasonably prudent similar osteopathic 13 physician as being acceptable under similar conditions and 14 circumstances" shall not be construed so as to require more 15 than one instance, event, or act. Nothing in this paragraph 16 shall be construed to require that an osteopathic physician be 17 incompetent to practice osteopathic medicine in order to be 18 disciplined pursuant to this paragraph. A recommended order 19 by an administrative law judge or a final order of the board 20 finding a violation under this paragraph shall specify whether 21 the licensee was found to have committed "gross malpractice," 22 "repeated malpractice," or "failure to practice osteopathic 23 medicine with that level of care, skill, and treatment which 24 is recognized as being acceptable under similar conditions and 25 circumstances," or any combination thereof, and any 26 publication by the board shall so specify. 27 (qq) Except as otherwise provided in this section, 28 delegating a surgeon's responsibilities to a patient before, 29 during, and after surgery to a person other than an 30 equivalently-trained physician licensed under this chapter or 31 chapter 458. 4 7:32 PM 06/17/03 s0002Bc1c-32c9i
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 522760 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 9, on line 18 and line 26, after the semicolon, 4 5 insert: 6 providing additional disciplinary grounds for 7 certain health care providers; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 7:32 PM 06/17/03 s0002Bc1c-32c9i