CS/SB 2-D: Medical Incidents
GENERAL BILL by Health, Aging, and Long-Term Care ; Jones ; (CO-INTRODUCERS) King ; Clary ; Diaz de la Portilla ; Lawson ; Lee ; Peaden ; Pruitt ; Saunders ; Sebesta ; Smith
Medical Incidents; deletes requirement that persons act in good faith to avoid liability or discipline for their actions re awarding of staff membership or clinical privileges; limits noneconomic damages in medical negligence actions; provides limitation on amount of damages which may be awarded to certain third parties in actions alleging bad faith by medical malpractice insurer, etc. Amends FS. APPROPRIATION: $4,617,780.
Last Action: 8/14/2003 - Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2003-416
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 8/12/2003 | Senate |
• Filed; Introduced, referred to Health, Aging, and Long-Term Care -SJ 00002; On Committee agenda-- Health, Aging, and Long-Term Care, 08/12/03, 2:30 pm, 412-K; CS by- Health, Aging, and Long-Term Care; YEAS 9 NAYS 0 -SJ 00025; CS read first time on 08/13/03 -SJ 00026; Placed on Calendar, on second reading -SJ 00025 |
| 8/13/2003 | Senate |
• Placed on Special Order Calendar -SJ 00025; Read second time -SJ 00018; Amendment(s) failed -SJ 00020; Amendment(s) adopted -SJ 00022; Read third time -SJ 00024; CS passed as amended; YEAS 32 NAYS 4 -SJ 00024 |
| 8/13/2003 | House |
• In Messages; Received -HJ 00016; Read second and third times -HJ 00018; CS passed; YEAS 87 NAYS 26 -HJ 00018 |
| 8/13/2003 | Senate |
• Ordered enrolled -SJ 00028 |
| 8/14/2003 |
• Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2003-416 |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| H 1D | Medical Incidents | Goodlette | Similar | Last Action: 8/13/2003 H Read second time -HJ 00011; Amendment(s) failed -HJ 00013; Amendment(s) adopted -HJ 00014; Read third time -HJ 00015; Temporarily postponed on third reading; On Unfinished Business -HJ 00016; Died on Calendar, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| S 2D Filed | 8/12/2003 10:13 AM | Web Page | PDF |
| S 2D c1 | 8/12/2003 6:52 PM | Web Page | PDF |
| S 2D e1 | 8/13/2003 1:49 PM | Web Page | PDF |
| S 2D er | 8/13/2003 4:46 PM | Web Page | PDF |
Committee Amendments
Floor Amendments
| Amendments | Sponsor | Filed | Last Floor Action | Format |
|---|---|---|---|---|
|
705662 - Amendment |
Argenziano |
8/12/2003 6:25 PM |
Web Page
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661810 - Amendment |
Klein |
8/12/2003 7:04 PM |
Web Page
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854474 - Amendment |
Campbell |
8/12/2003 7:21 PM |
Web Page
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531896 - Amendment |
Campbell |
8/12/2003 7:24 PM |
Web Page
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124652 - Amendment |
Campbell |
8/12/2003 7:26 PM |
Web Page
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632718 - Amendment |
Campbell |
8/12/2003 7:26 PM |
Web Page
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052980 - Amendment |
Campbell |
8/12/2003 7:27 PM |
Web Page
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702218 - Amendment |
Campbell |
8/13/2003 8:10 AM |
Web Page
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182700 - Amendment |
Campbell |
8/13/2003 8:10 AM |
Web Page
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933836 - Amendment |
Campbell |
8/13/2003 8:10 AM |
Web Page
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474972 - Amendment |
Klein |
8/13/2003 8:10 AM |
Web Page
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983282 - Amendment |
Posey |
8/13/2003 8:19 AM |
Web Page
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120088 - Amendment |
Klein |
8/13/2003 8:44 AM |
Web Page
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114390 - Amendment |
Smith |
8/13/2003 8:58 AM |
Web Page
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725240 - Amendment |
Smith |
8/13/2003 8:58 AM |
Web Page
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Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | S 2D | Health, Aging, and Long-Term Care (Post-Meeting) | 8/12/2003 12:00 AM |
Vote History - Committee
| Version | Committee | Date | Result |
|---|---|---|---|
| S 2D c1 | Health, Aging, and Long-Term Care | 8/12/2003 2:30 PM | 9 Yeas - 0 Nays |
Vote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
|
S 2D c1
|
8/13/2003 11:05 AM | Senate | 8 Yeas - 27 Nays |
|
S 2D c1
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8/13/2003 11:31 AM | Senate | 7 Yeas - 24 Nays |
| S 2D e1 | 8/13/2003 4:06 PM | Senate | 32 Yeas - 4 Nays |
| S 2D e1 | 8/13/2003 4:32 PM | House | 87 Yeas - 26 Nays |
Citations - Statutes (67)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 391.025 | Applicability and scope. | |
| 391.029 | Program eligibility. | |
| 395.0056 | ||
| 395.0191 | Staff membership and clinical privileges. | |
| 395.0197 | Internal risk management program. | |
| 395.0198 | Notification of adverse incident; public records exemption. | |
| 395.1012 | ||
| 395.1051 | ||
| 456.013 | Department; general licensing provisions. | |
| 456.025 | Fees; receipts; disposition. | |
| 456.039 | Designated health care professionals; information required for licensure. | |
| 456.041 | Practitioner profile; creation. | |
| 456.042 | Practitioner profiles; update. | |
| 456.049 | Health care practitioners; reports on professional liability claims and actions. | |
| 456.051 | Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide. | |
| 456.057 | Ownership and control of patient records; report or copies of records to be furnished. | |
| 456.0575 | ||
| 456.072 | Grounds for discipline; penalties; enforcement. | |
| 456.073 | Disciplinary proceedings. | |
| 456.077 | Authority to issue citations. | |
| 456.078 | Mediation. | |
| 458.320 | Financial responsibility. | |
| 458.331 | Grounds for disciplinary action; action by the board and department. | |
| 458.3311 | ||
| 459.0085 | Financial responsibility. | |
| 459.015 | Grounds for disciplinary action; action by the board and department. | |
| 459.0151 | ||
| 461.013 | Grounds for disciplinary action; action by the board; investigations by department. | |
| 461.0131 | ||
| 466.028 | Grounds for disciplinary action; action by the board. | |
| 624.462 | Commercial self-insurance funds. | |
| 627.062 | Rate standards. | |
| 627.357 | Medical malpractice self-insurance. | |
| 627.4147 | Medical malpractice insurance contracts. | |
| 627.41495 | ||
| 627.912 | Professional liability claims and actions; reports by insurers. | |
| 641.19 | Definitions. | |
| 641.51 | Quality assurance program; second medical opinion requirement. | |
| 766.102 | Medical negligence; standards of recovery. | |
| 766.106 | Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. | |
| 766.108 | Mandatory settlement conference in medical malpractice actions. | |
| 766.1115 | Health care providers; creation of agency relationship with governmental contractors. | |
| 766.112 | Comparative fault. | |
| 766.113 | Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance. | |
| 766.118 | ||
| 766.1185 | ||
| 766.201 | Legislative findings and intent. | |
| 766.202 | Definitions; ss. 766.201-766.212. | |
| 766.2021 | ||
| 766.203 | Presuit investigation of medical negligence claims and defenses by prospective parties. | |
| 766.206 | Presuit investigation of medical negligence claims and defenses by court. | |
| 766.207 | Voluntary binding arbitration of medical negligence claims. | |
| 766.209 | Effects of failure to offer or accept voluntary binding arbitration. | |
| 766.303 | Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy. | |
| 766.304 | Administrative law judge to determine claims. | |
| 766.305 | Filing of claims and responses; medical disciplinary review. | |
| 766.309 | Determination of claims; presumption; findings of administrative law judge binding on participants. | |
| 766.31 | Administrative law judge awards for birth-related neurological injuries; notice of award. | |
| 766.314 | Assessments; plan of operation. | |
| 768.0981 | ||
| 768.13 | Good Samaritan Act; immunity from civil liability. | |
| 768.21 | Damages. | |
| 768.28 | Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. | |
| 768.77 | Itemized verdict. | |
| 1004.08 | ||
| 1005.07 | ||
| 1006.20 | Athletics in public K-12 schools. |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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