Senate Bill sb0532

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 532

    By Senator Crist





    12-317-04

  1                      A bill to be entitled

  2         An act relating to the Good Samaritan Act;

  3         amending s. 768.13, F.S.; including certain

  4         persons who participate in emergency response

  5         activities under the direction of or in

  6         connection with the Division of Emergency

  7         Management of the Department of Community

  8         Affairs or the Federal Emergency Management

  9         Agency within the act for purposes of immunity

10         from civil liability under certain

11         circumstances; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Subsection (2) of section 768.13, Florida

16  Statutes, is amended to read:

17         768.13  Good Samaritan Act; immunity from civil

18  liability.--

19         (2)(a)  Any person, including those licensed to

20  practice medicine, who gratuitously and in good faith renders

21  emergency care or treatment either in direct response to

22  emergency situations related to and arising out of a public

23  health emergency declared pursuant to s. 381.00315, a state of

24  emergency which has been declared pursuant to s. 252.36 or at

25  the scene of an emergency outside of a hospital, doctor's

26  office, or other place having proper medical equipment,

27  without objection of the injured victim or victims thereof,

28  shall not be held liable for any civil damages as a result of

29  such care or treatment or as a result of any act or failure to

30  act in providing or arranging further medical treatment where

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 532
    12-317-04




 1  the person acts as an ordinary reasonably prudent person would

 2  have acted under the same or similar circumstances.

 3         (b)1.  Any health care provider, including a hospital

 4  licensed under chapter 395, providing emergency services

 5  pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s.

 6  395.1041, s. 395.401, or s. 401.45 shall not be held liable

 7  for any civil damages as a result of such medical care or

 8  treatment unless such damages result from providing, or

 9  failing to provide, medical care or treatment under

10  circumstances demonstrating a reckless disregard for the

11  consequences so as to affect the life or health of another.

12         2.  The immunity provided by this paragraph applies to

13  damages as a result of any act or omission of providing

14  medical care or treatment, including diagnosis:

15         a.  Which occurs prior to the time the patient is

16  stabilized and is capable of receiving medical treatment as a

17  nonemergency patient, unless surgery is required as a result

18  of the emergency within a reasonable time after the patient is

19  stabilized, in which case the immunity provided by this

20  paragraph applies to any act or omission of providing medical

21  care or treatment which occurs prior to the stabilization of

22  the patient following the surgery.

23         b.  Which is related to the original medical emergency.

24         3.  For purposes of this paragraph, "reckless

25  disregard" as it applies to a given health care provider

26  rendering emergency medical services shall be such conduct

27  that a health care provider knew or should have known, at the

28  time such services were rendered, created an unreasonable risk

29  of injury so as to affect the life or health of another, and

30  such risk was substantially greater than that which is

31  necessary to make the conduct negligent.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 532
    12-317-04




 1         4.  Every emergency care facility granted immunity

 2  under this paragraph shall accept and treat all emergency care

 3  patients within the operational capacity of such facility

 4  without regard to ability to pay, including patients

 5  transferred from another emergency care facility or other

 6  health care provider pursuant to Pub. L. No. 99-272, s. 9121.

 7  The failure of an emergency care facility to comply with this

 8  subparagraph constitutes grounds for the department to

 9  initiate disciplinary action against the facility pursuant to

10  chapter 395.

11         (c)1.  Any health care practitioner as defined in s.

12  456.001(4) who is in a hospital attending to a patient of his

13  or her practice or for business or personal reasons unrelated

14  to direct patient care, and who voluntarily responds to

15  provide care or treatment to a patient with whom at that time

16  the practitioner does not have a then-existing health care

17  patient-practitioner relationship, and when such care or

18  treatment is necessitated by a sudden or unexpected situation

19  or by an occurrence that demands immediate medical attention,

20  shall not be held liable for any civil damages as a result of

21  any act or omission relative to that care or treatment, unless

22  that care or treatment is proven to amount to conduct that is

23  willful and wanton and would likely result in injury so as to

24  affect the life or health of another.

25         2.  The immunity provided by this paragraph does not

26  apply to damages as a result of any act or omission of

27  providing medical care or treatment unrelated to the original

28  situation that demanded immediate medical attention.

29         3.  For purposes of this paragraph, the Legislature's

30  intent is to encourage health care practitioners to provide

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 532
    12-317-04




 1  necessary emergency care to all persons without fear of

 2  litigation as described in this paragraph.

 3         (d)  Any person who participates in emergency response

 4  activities under the direction of or in connection with the

 5  Division of Emergency Management of the Department of

 6  Community Affairs or the Federal Emergency Management Agency

 7  is not liable for any civil damages as a result of care,

 8  treatment, or services provided gratuitously in such capacity

 9  as a result of any act or failure to act in such capacity in

10  providing or arranging further care, treatment, or services,

11  if such person acts as a reasonably prudent person would have

12  acted under the same or similar circumstances.

13         Section 2.  This act shall take effect upon becoming a

14  law.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Exempts for civil liability persons who participate in
      certain emergency response activities under the direction
19    of or in connection with the Division of Emergency
      Management of the Department of Community Affairs or the
20    Federal Emergency Management Agency under certain
      circumstances.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.