Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 302640
                            CHAMBER ACTION
              Senate                               House
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       05/03/2005 04:03 PM         .                    
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11  Senator Jones moved the following amendment:
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13         Senate Amendment 
14         On page 6, between lines 3 and 4,
15  
16  insert:  
17         Section 6.  Paragraph (f) of subsection (5) of section
18  458.320, Florida Statutes, is amended to read:
19         458.320  Financial responsibility.--
20         (5)  The requirements of subsections (1), (2), and (3)
21  do not apply to:
22         (f)  Any person holding an active license under this
23  chapter who meets all of the following criteria:
24         1.  The licensee has held an active license to practice
25  in this state or another state or some combination thereof for
26  more than 15 years.
27         2.  The licensee has either retired from the practice
28  of medicine or maintains a part-time practice of no more than
29  1,000 patient contact hours per year.
30         3.  The licensee has had no more than two claims for
31  medical malpractice resulting in an indemnity exceeding
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    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 302640
 1  $25,000 within the previous 5-year period.
 2         4.  The licensee has not been convicted of, or pled
 3  guilty or nolo contendere to, any criminal violation specified
 4  in this chapter or the medical practice act of any other
 5  state.
 6         5.  The licensee has not been subject within the last
 7  10 years of practice to license revocation or suspension for
 8  any period of time; probation for a period of 3 years or
 9  longer; or a fine of $500 or more for a violation of this
10  chapter or the medical practice act of another jurisdiction.
11  The regulatory agency's acceptance of a physician's
12  relinquishment of a license, stipulation, consent order, or
13  other settlement, offered in response to or in anticipation of
14  the filing of administrative charges against the physician's
15  license, constitutes action against the physician's license
16  for the purposes of this paragraph.
17         6.  The licensee has submitted a form supplying
18  necessary information as required by the department and an
19  affidavit affirming compliance with this paragraph.
20         7.  The licensee must submit biennially to the
21  department certification stating compliance with the
22  provisions of this paragraph. The licensee must, upon request,
23  demonstrate to the department information verifying compliance
24  with this paragraph.
25  
26  A licensee who meets the requirements of this paragraph must
27  post notice in the form of a sign prominently displayed in the
28  reception area and clearly noticeable by all patients and on
29  each visit or provide a written statement to any person to
30  whom medical services are being provided. The sign or
31  statement must read as follows: "Under Florida law, physicians
                                  2
    10:40 AM   05/03/05                            s1180e1b-13-2dd
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 302640
 1  are generally required to carry medical malpractice insurance
 2  or otherwise demonstrate financial responsibility to cover
 3  potential claims for medical malpractice. However, certain
 4  part-time physicians who meet state requirements are exempt
 5  from the financial responsibility law. YOUR DOCTOR MEETS THESE
 6  REQUIREMENTS AND HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE
 7  INSURANCE.  This notice is provided pursuant to Florida law."
 8         Section 7.  Paragraph (f) of subsection (5) of section
 9  459.0085, Florida Statutes, is amended to read:
10         459.0085  Financial responsibility.--
11         (5)  The requirements of subsections (1), (2), and (3)
12  do not apply to:
13         (f)  Any person holding an active license under this
14  chapter who meets all of the following criteria:
15         1.  The licensee has held an active license to practice
16  in this state or another state or some combination thereof for
17  more than 15 years.
18         2.  The licensee has either retired from the practice
19  of osteopathic medicine or maintains a part-time practice of
20  osteopathic medicine of no more than 1,000 patient contact
21  hours per year.
22         3.  The licensee has had no more than two claims for
23  medical malpractice resulting in an indemnity exceeding
24  $25,000 within the previous 5-year period.
25         4.  The licensee has not been convicted of, or pled
26  guilty or nolo contendere to, any criminal violation specified
27  in this chapter or the practice act of any other state.
28         5.  The licensee has not been subject within the last
29  10 years of practice to license revocation or suspension for
30  any period of time, probation for a period of 3 years or
31  longer, or a fine of $500 or more for a violation of this
                                  3
    10:40 AM   05/03/05                            s1180e1b-13-2dd
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 302640
 1  chapter or the medical practice act of another jurisdiction.
 2  The regulatory agency's acceptance of an osteopathic
 3  physician's relinquishment of a license, stipulation, consent
 4  order, or other settlement, offered in response to or in
 5  anticipation of the filing of administrative charges against
 6  the osteopathic physician's license, constitutes action
 7  against the physician's license for the purposes of this
 8  paragraph.
 9         6.  The licensee has submitted a form supplying
10  necessary information as required by the department and an
11  affidavit affirming compliance with this paragraph.
12         7.  The licensee must submit biennially to the
13  department a certification stating compliance with this
14  paragraph. The licensee must, upon request, demonstrate to the
15  department information verifying compliance with this
16  paragraph.
17  
18  A licensee who meets the requirements of this paragraph must
19  post notice in the form of a sign prominently displayed in the
20  reception area and clearly noticeable by all patients and on
21  each visit or provide a written statement to any person to
22  whom medical services are being provided. The sign or
23  statement must read as follows: "Under Florida law,
24  osteopathic physicians are generally required to carry medical
25  malpractice insurance or otherwise demonstrate financial
26  responsibility to cover potential claims for medical
27  malpractice. However, certain part-time osteopathic physicians
28  who meet state requirements are exempt from the financial
29  responsibility law. YOUR OSTEOPATHIC PHYSICIAN MEETS THESE
30  REQUIREMENTS AND HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE
31  INSURANCE. This notice is provided pursuant to Florida law."
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    10:40 AM   05/03/05                            s1180e1b-13-2dd
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 302640
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