SENATE AMENDMENT
    Bill No. CS for SB 2-B
    Amendment No. ___   Barcode 892196
                            CHAMBER ACTION
              Senate                               House
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       06/18/2003 05:06 PM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 138, line 25-29, delete those lines
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16  and insert:  
17         Section 65.  Legislative findings and intent.--The
18  Legislature finds and declares it to be of vital importance
19  that emergency services and care be provided by hospitals,
20  physicians, and emergency medical services providers to every
21  person in need of such care. The Legislature finds that
22  emergency services and care providers are critical elements in
23  responding to disaster and emergency situations that might
24  affect our local communities, state, and country. The
25  Legislature recognizes the importance of maintaining a viable
26  system of providing for the emergency medical needs of the
27  state's residents and visitors. The Legislature and the
28  Federal Government have required such providers of emergency
29  medical services and care to provide emergency services and
30  care to all persons who present to hospitals seeking such
31  care. The Legislature finds that the Legislature has further
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    6:49 PM   06/17/03                             s0002Bc1c-37c9j

SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 892196 1 mandated that prehospital emergency medical treatment or 2 transport may not be denied by emergency medical services 3 providers to persons who have or are likely to have an 4 emergency medical condition. Such governmental requirements 5 have imposed a unilateral obligation for emergency services 6 and care providers to provide services to all persons seeking 7 emergency care without ensuring payment or other consideration 8 for provision of such care. The Legislature also recognizes 9 that emergency services and care providers provide a 10 significant amount of uncompensated emergency medical care in 11 furtherance of such governmental interest. The Legislature 12 finds that a significant proportion of the residents of this 13 state who are uninsured or are Medicaid or Medicare recipients 14 are unable to access needed health care because health care 15 providers fear the increased risk of medical malpractice 16 liability. The Legislature finds that such patients, in order 17 to obtain medical care, are frequently forced to seek care 18 through providers of emergency medical services and care. The 19 Legislature finds that providers of emergency medical services 20 and care in this state have reported significant problems with 21 both the availability and affordability of professional 22 liability coverage. The Legislature finds that medical 23 malpractice liability insurance premiums have increased 24 dramatically, and a number of insurers have ceased providing 25 medical malpractice insurance coverage for emergency medical 26 services and care in this state. This results in a functional 27 unavailability of medical malpractice insurance coverage for 28 some providers of emergency medical services and care. The 29 Legislature further finds that certain specialist physicians 30 have resigned from serving on hospital staffs or have 31 otherwise declined to provide on-call coverage to hospital 2 6:49 PM 06/17/03 s0002Bc1c-37c9j
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 892196 1 emergency departments due to increased medical malpractice 2 liability exposure created by treating such emergency 3 department patients. It is the intent of the Legislature that 4 hospitals, emergency medical services providers, and 5 physicians be able to ensure that patients who might need 6 emergency medical services treatment or transportation or who 7 present to hospitals for emergency medical services and care 8 have access to such needed services. 9 Section 66. Subsection (2) of section 768.13, Florida 10 Statutes, is amended to read: 11 768.13 Good Samaritan Act; immunity from civil 12 liability.-- 13 (2)(a) Any person, including those licensed to 14 practice medicine, who gratuitously and in good faith renders 15 emergency care or treatment either in direct response to 16 emergency situations related to and arising out of a public 17 health emergency declared pursuant to s. 381.00315, a state of 18 emergency which has been declared pursuant to s. 252.36 or at 19 the scene of an emergency outside of a hospital, doctor's 20 office, or other place having proper medical equipment, 21 without objection of the injured victim or victims thereof, 22 shall not be held liable for any civil damages as a result of 23 such care or treatment or as a result of any act or failure to 24 act in providing or arranging further medical treatment where 25 the person acts as an ordinary reasonably prudent person would 26 have acted under the same or similar circumstances. 27 (b)1. Any health care provider, including a hospital 28 licensed under chapter 395, providing emergency services 29 pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s. 30 395.401, or s. 401.45 any employee of such hospital working in 31 a clinical area within the facility and providing patient 3 6:49 PM 06/17/03 s0002Bc1c-37c9j
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 892196 1 care, and any person licensed to practice medicine who in good 2 faith renders medical care or treatment necessitated by a 3 sudden, unexpected situation or occurrence resulting in a 4 serious medical condition demanding immediate medical 5 attention, for which the patient enters the hospital through 6 its emergency room or trauma center, or necessitated by a 7 public health emergency declared pursuant to s. 381.00315 8 shall not be held liable for any civil damages as a result of 9 such medical care or treatment unless such damages result from 10 providing, or failing to provide, medical care or treatment 11 under circumstances demonstrating a reckless disregard for the 12 consequences so as to affect the life or health of another. A 13 health care provider under this paragraph does not include a 14 licensed health care practitioner who is providing emergency 15 services to a person with whom the practitioner has an 16 established provider-patient relationship outside of the 17 emergency room setting. 18 2. The immunity provided by this paragraph applies 19 does not apply to damages as a result of any act or omission 20 of providing medical care or treatment, including diagnosis: 21 a. Which occurs prior to the time after the patient is 22 stabilized and is capable of receiving medical treatment as a 23 nonemergency patient, unless surgery is required as a result 24 of the emergency within a reasonable time after the patient is 25 stabilized, in which case the immunity provided by this 26 paragraph applies to any act or omission of providing medical 27 care or treatment which occurs prior to the stabilization of 28 the patient following the surgery; and or 29 b. Related Unrelated to the original medical 30 emergency. 31 3. For purposes of this paragraph, "reckless 4 6:49 PM 06/17/03 s0002Bc1c-37c9j
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 892196 1 disregard" as it applies to a given health care provider 2 rendering emergency medical services shall be such conduct 3 that which a health care provider knew or should have known, 4 at the time such services were rendered, created an 5 unreasonable risk of injury so as to affect the life or health 6 of another, and such risk was substantially greater than that 7 which is necessary to make the conduct negligent. would be 8 likely to result in injury so as to affect the life or health 9 of another, taking into account the following to the extent 10 they may be present; 11 a. The extent or serious nature of the circumstances 12 prevailing. 13 b. The lack of time or ability to obtain appropriate 14 consultation. 15 c. The lack of a prior patient-physician relationship. 16 d. The inability to obtain an appropriate medical 17 history of the patient. 18 e. The time constraints imposed by coexisting 19 emergencies. 20 4. Every emergency care facility granted immunity 21 under this paragraph shall accept and treat all emergency care 22 patients within the operational capacity of such facility 23 without regard to ability to pay, including patients 24 transferred from another emergency care facility or other 25 health care provider pursuant to Pub. L. No. 99-272, s. 9121. 26 The failure of an emergency care facility to comply with this 27 subparagraph constitutes grounds for the department to 28 initiate disciplinary action against the facility pursuant to 29 chapter 395. 30 31 5 6:49 PM 06/17/03 s0002Bc1c-37c9j
SENATE AMENDMENT Bill No. CS for SB 2-B Amendment No. ___ Barcode 892196 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 15, line 7, after the semicolon, 4 5 insert: 6 providing legislative intent and findings with 7 respect to the provision of emergency medical 8 services and care by care providers; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 6:49 PM 06/17/03 s0002Bc1c-37c9j