Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180, 1st Eng.
Barcode 302640
CHAMBER ACTION
Senate House
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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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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 $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.
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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
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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
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
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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
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.
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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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