HOUSE AMENDMENT Bill No. HB 63B
1	CHAMBER ACTION
2	Senate House
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12	Representative Dean offered the following:
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14	Amendment (with directory and title amendments)
15	Between line(s) 2077 and 2078, insert:
16	Section 43. Paragraph (b) of subsection (9) of section
17	768.28, Florida Statutes, is amended, to read:
18	768.28 Waiver of sovereign immunity in tort actions;
19	recovery limits; limitation on attorney fees; statute of
20	limitations; exclusions; indemnification; risk management
21	programs.--
22	(9)
23	(b) As used in this subsection, the term:
24	1. "Employee" includes any volunteer firefighter.
25	2. "Officer, employee, or agent" includes, but is not
26	limited to, any health care provider when providing services
27	pursuant to s. 766.1115;,any member of the Florida Health
28	Services Corps, as defined in s. 381.0302, who provides
29	uncompensated care to medically indigent persons referred by the
30	Department of Health;,andany public defender or her or his
31	employee or agent, including, among others, an assistant public
32	defender and an investigator; and any emergency health care
33	provider acting pursuant to obligations imposed by ss. 395.1041,
34	395.401, and 401.45. Except for persons or entities that are
35	otherwise covered under this section, emergency health care
36	providers shall be considered agents of the Department of
37	Health, and shall indemnify the state for the reasonable costs
38	of defense and indemnity payments, if any, up to the liability
39	limits set forth in this chapter. For purposes of this
40	subsection, the term "emergency health care providers" includes
41	all persons and entities covered under or providing services
42	pursuant obligations imposed by ss. 395.1041, 395.401, and
43	401.45. Such emergency health care providers shall include
44	emergency medical services providers licensed under chapter 401
45	and persons operating as employees or agents of such emergency
46	medical services provider; hospitals licensed under chapter 395
47	and persons operating as employees or agents of such hospitals;
48	physicians or dentist licensed under chapter 458, chapter 459,
49	chapter 460, chapter 461, or chapter 466; physician assistants
50	licensed under chapter 458 or chapter 459; emergency medical
51	technicians or paramedics certified under chapter 401;
52	registered nurses, nurse midwifes, licensed practical nurses, or
53	advanced registered nurse practitioners licensed or registered
54	under part I of chapter 464; midwives licensed under chapter
55	467; health care professional associations and their employees
56	or agents or corporate medical groups and their employees or
57	agents; students or medical residents who are enrolled in an
58	accredited program or licensed program that prepares the
59	students for licensure or certification in any one of the
60	professions listed in this subsection; programs that prepares
61	the students for licensure or certification; entities
62	responsible for training of the students or medical residents;
63	and any other persons or entities that are providing services
64	pursuant to obligations imposed by s. 401.45 or s. 395.1041. For
65	purposes of this subsection, "emergency medical services" means
66	ambulance assessment, treatment, or transport services provided
67	pursuant to obligations imposed by s. 401.45 or s. 395.1041; all
68	screening, examination, and evaluation by a physician, hospital,
69	or other person or entity acting pursuant to obligations imposed
70	by s. 395.1041; and the care, treatment, surgery, or other
71	medical services provided, whether as an outpatient or
72	inpatient, to relieve or eliminate the emergency medical
73	condition, including all medical services to eliminate the
74	likelihood that the emergency medical condition will deteriorate
75	or recur without further medical attention within a reasonable
76	period of time.
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78	================= T I T L E A M E N D M E N T =================
79	Remove line 173, and insert:
80	covenant not to sue; amending s. 768.28, F.S., relating to
81	waiver of sovereign immunity in tort actions; revising the
82	definition of "officer, employee, or agent" to include certain
83	health care providers providing emergency care; providing
84	definitions amending s. 768.77, F.S.; prescribing