SENATE AMENDMENT
    Bill No. CS for SB 2-D
    Amendment No. ___   Barcode 933836
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       08/13/2003 11:33 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Campbell moved the following amendment:
12  
13         Senate Amendment 
14         On page 68, line 6, through
15            page 74, line 28, delete those lines
16  
17  and insert:  
18         (5)  The requirements of subsections (1), (2), and (3)
19  do shall not apply to:
20         (a)  Any person licensed under this chapter who
21  practices medicine exclusively as an officer, employee, or
22  agent of the Federal Government or of the state or its
23  agencies or its subdivisions.  For the purposes of this
24  subsection, an agent of the state, its agencies, or its
25  subdivisions is a person who is eligible for coverage under
26  any self-insurance or insurance program authorized by the
27  provisions of s. 768.28(15).
28         (b)  Any person whose license has become inactive under
29  this chapter and who is not practicing medicine in this state.
30  Any person applying for reactivation of a license must show
31  either that such licensee maintained tail insurance coverage
                                  1
    9:23 PM   08/12/03                             s0002Dc1b-32c9j

SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 that which provided liability coverage for incidents that 2 occurred on or after January 1, 1987, or the initial date of 3 licensure in this state, whichever is later, and incidents 4 that occurred before the date on which the license became 5 inactive; or such licensee must submit an affidavit stating 6 that such licensee has no unsatisfied medical malpractice 7 judgments or settlements at the time of application for 8 reactivation. 9 (c) Any person holding a limited license pursuant to 10 s. 459.0075 and practicing under the scope of such limited 11 license. 12 (d) Any person licensed or certified under this 13 chapter who practices only in conjunction with his or her 14 teaching duties at a college of osteopathic medicine. Such 15 person may engage in the practice of osteopathic medicine to 16 the extent that such practice is incidental to and a necessary 17 part of duties in connection with the teaching position in the 18 college of osteopathic medicine. 19 (e) Any person holding an active license under this 20 chapter who is not practicing osteopathic medicine in this 21 state. If such person initiates or resumes any practice of 22 osteopathic medicine in this state, he or she must notify the 23 department of such activity and fulfill the financial 24 responsibility requirements of this section before resuming 25 the practice of osteopathic medicine in this state. 26 (f) Any person holding an active license under this 27 chapter who meets all of the following criteria: 28 1. The licensee has held an active license to practice 29 in this state or another state or some combination thereof for 30 more than 15 years. 31 2. The licensee has either retired from the practice 2 9:23 PM 08/12/03 s0002Dc1b-32c9j
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 of osteopathic medicine or maintains a part-time practice of 2 osteopathic medicine of no more than 1,000 patient contact 3 hours per year. 4 3. The licensee has had no more than two claims for 5 medical malpractice resulting in an indemnity exceeding 6 $25,000 within the previous 5-year period. 7 4. The licensee has not been convicted of, or pled 8 guilty or nolo contendere to, any criminal violation specified 9 in this chapter or the practice act of any other state. 10 5. The licensee has not been subject within the last 11 10 years of practice to license revocation or suspension for 12 any period of time, probation for a period of 3 years or 13 longer, or a fine of $500 or more for a violation of this 14 chapter or the medical practice act of another jurisdiction. 15 The regulatory agency's acceptance of an osteopathic 16 physician's relinquishment of a license, stipulation, consent 17 order, or other settlement, offered in response to or in 18 anticipation of the filing of administrative charges against 19 the osteopathic physician's license, constitutes shall be 20 construed as action against the physician's license for the 21 purposes of this paragraph. 22 6. The licensee has submitted a form supplying 23 necessary information as required by the department and an 24 affidavit affirming compliance with the provisions of this 25 paragraph. 26 7. The licensee must shall submit biennially to the 27 department a certification stating compliance with the 28 provisions of this paragraph. The licensee must shall, upon 29 request, demonstrate to the department information verifying 30 compliance with this paragraph. 31 3 9:23 PM 08/12/03 s0002Dc1b-32c9j
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 A licensee who meets the requirements of this paragraph must 2 either shall be required either to post notice in the form of 3 a sign prominently displayed in the reception area and clearly 4 noticeable by all patients or to provide a written statement 5 to any person to whom medical services are being provided. The 6 Such sign or statement must read as follows shall state that: 7 "Under Florida law, osteopathic physicians are generally 8 required to carry medical malpractice insurance or otherwise 9 demonstrate financial responsibility to cover potential claims 10 for medical malpractice. However, certain part-time 11 osteopathic physicians who meet state requirements are exempt 12 from the financial responsibility law. YOUR OSTEOPATHIC 13 PHYSICIAN MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO 14 CARRY MEDICAL MALPRACTICE INSURANCE. This notice is provided 15 pursuant to Florida law." 16 (g) Any person holding an active license under this 17 chapter who agrees to meet all of the following criteria. 18 (6)(a)1. Upon the entry of an adverse final judgment 19 arising from a medical malpractice arbitration award, from a 20 claim of medical malpractice either in contract or tort, or 21 from noncompliance with the terms of a settlement agreement 22 arising from a claim of medical malpractice either in contract 23 or tort, the licensee shall pay the judgment creditor the 24 lesser of the entire amount of the judgment with all accrued 25 interest or either $100,000, if the osteopathic physician is 26 licensed pursuant to this chapter but does not maintain 27 hospital staff privileges, or $250,000, if the osteopathic 28 physician is licensed pursuant to this chapter and maintains 29 hospital staff privileges, within 60 days after the date such 30 judgment became final and subject to execution, unless 31 otherwise mutually agreed to in writing by the parties. Such 4 9:23 PM 08/12/03 s0002Dc1b-32c9j
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 adverse final judgment shall include any cross-claim, 2 counterclaim, or claim for indemnity or contribution arising 3 from the claim of medical malpractice. Upon notification of 4 the existence of an unsatisfied judgment or payment pursuant 5 to this subparagraph, the department shall notify the licensee 6 by certified mail that he or she shall be subject to 7 disciplinary action unless, within 30 days from the date of 8 mailing, the licensee either: 9 1.a. Shows proof that the unsatisfied judgment has 10 been paid in the amount specified in this subparagraph; or 11 2.b. Furnishes the department with a copy of a timely 12 filed notice of appeal and either: 13 a.(I) A copy of a supersedeas bond properly posted in 14 the amount required by law; or 15 b.(II) An order from a court of competent jurisdiction 16 staying execution on the final judgment, pending disposition 17 of the appeal. 18 (b)2. The Department of Health shall issue an 19 emergency order suspending the license of any licensee who, 20 after 30 days following receipt of a notice from the 21 Department of Health, has failed to: satisfy a medical 22 malpractice claim against him or her in accordance with 23 paragraph (a); furnish the Department of Health a copy of a 24 timely filed notice of appeal; furnish the Department of 25 Health a copy of a supersedeas bond properly posted in the 26 amount required by law; or furnish the Department of Health an 27 order from a court of competent jurisdiction staying execution 28 on the final judgment pending disposition of the appeal. 29 (c)3. Upon the next meeting of the probable cause 30 panel of the board following 30 days after the date of mailing 31 the notice of disciplinary action to the licensee, the panel 5 9:23 PM 08/12/03 s0002Dc1b-32c9j
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 shall make a determination of whether probable cause exists to 2 take disciplinary action against the licensee pursuant to 3 paragraph (a) subparagraph 1. 4 (d)4. If the board determines that the factual 5 requirements of paragraph (a) subparagraph 1. are met, it 6 shall take disciplinary action as it deems appropriate against 7 the licensee. Such disciplinary action shall include, at a 8 minimum, probation of the license with the restriction that 9 the licensee must make payments to the judgment creditor on a 10 schedule determined by the board to be reasonable and within 11 the financial capability of the osteopathic physician. 12 Notwithstanding any other disciplinary penalty imposed, the 13 disciplinary penalty may include suspension of the license for 14 a period not to exceed 5 years. If In the event that an 15 agreement to satisfy a judgment has been met, the board shall 16 remove any restriction on the license. 17 (e)5. The licensee has completed a form supplying 18 necessary information as required by the department. 19 20 A licensee who meets the requirements of this paragraph shall 21 be required either to post notice in the form of a sign 22 prominently displayed in the reception area and clearly 23 noticeable by all patients or to provide a written statement 24 to any person to whom medical services are being provided. 25 Such sign or statement shall state: "Under Florida law, 26 osteopathic physicians are generally required to carry medical 27 malpractice insurance or otherwise demonstrate financial 28 responsibility to cover potential claims for medical 29 malpractice. YOUR OSTEOPATHIC PHYSICIAN HAS DECIDED NOT TO 30 CARRY MEDICAL MALPRACTICE INSURANCE. This is permitted under 31 Florida law subject to certain conditions. Florida law 6 9:23 PM 08/12/03 s0002Dc1b-32c9j
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 imposes strict penalties against noninsured osteopathic 2 physicians who fail to satisfy adverse judgments arising from 3 claims of medical malpractice. This notice is provided 4 pursuant to Florida law." 5 (7)(6) Any deceptive, untrue, or fraudulent 6 representation by the licensee with respect to any provision 7 of this section shall result in permanent disqualification 8 from any exemption to mandated financial responsibility as 9 provided in this section and shall constitute grounds for 10 disciplinary action under s. 459.015. 11 (8)(7) Any licensee who relies on any exemption from 12 the financial responsibility requirement shall notify the 13 department in writing of any change of circumstance regarding 14 his or her qualifications for such exemption and shall 15 demonstrate that he or she is in compliance with the 16 requirements of this section. 17 (9)(8) If a physician is either a resident physician, 18 assistant resident physician, or intern in an approved 19 postgraduate training program, as defined by the board's 20 rules, and is supervised by a physician who is participating 21 in the Florida Birth-Related Neurological Injury Compensation 22 Plan, such resident physician, assistant resident physician, 23 or intern is deemed to be a participating physician without 24 the payment of the assessment set forth in s. 766.314(4). 25 (10) Notwithstanding any other provision of this 26 section, the department shall suspend the license of any 27 osteopathic physician against whom has been entered a final 28 judgment, arbitration award, or other order or who has entered 29 into a settlement agreement to pay damages arising out of a 30 claim for medical malpractice, if all appellate remedies have 31 been exhausted and payment up to the amounts required by this 7 9:23 PM 08/12/03 s0002Dc1b-32c9j
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 933836 1 section has not been made within 30 days after the entering of 2 such judgment, award, or order or agreement, until proof of 3 payment is received by the department or a payment schedule 4 has been agreed upon by the osteopathic physician and the 5 claimant and presented to the department. This subsection does 6 not apply to an osteopathic physician who has met the 7 financial responsibility requirements in paragraphs (1)(b) and 8 (2)(b). 9 (11)(9) The board shall adopt rules to implement the 10 provisions of this section. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 9:23 PM 08/12/03 s0002Dc1b-32c9j