Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 302640
                            CHAMBER ACTION
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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,
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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." 4 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 2 (Redesignate subsequent sections.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 10:40 AM 05/03/05 s1180e1b-13-2dd