| 1 | A bill to be entitled |
| 2 | An act relating to medical expert witnesses; creating s. |
| 3 | 458.3175, F.S.; authorizing the Board of Medicine to issue |
| 4 | expert witness certificates; providing requirements for |
| 5 | certification; providing a limitation; requiring the board |
| 6 | to implement rules and set fees; amending s. 458.331, |
| 7 | F.S.; providing that certain false, deceptive, or |
| 8 | misleading expert witness testimony is grounds for |
| 9 | disciplinary action; providing penalties; creating s. |
| 10 | 459.0066, F.S.; authorizing the Board of Osteopathic |
| 11 | Medicine to issue expert witness certificates; providing |
| 12 | requirements for certification; providing a limitation; |
| 13 | requiring the board to implement rules and set fees; |
| 14 | amending s. 459.015, F.S.; providing that certain false, |
| 15 | deceptive, or misleading expert witness testimony is |
| 16 | grounds for disciplinary action; providing penalties; |
| 17 | amending s. 766.102, F.S.; providing that certain medical |
| 18 | expert testimony shall not be admissible unless the expert |
| 19 | witness meets certain requirements; providing an effective |
| 20 | date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 458.3175, Florida Statutes, is created |
| 25 | to read: |
| 26 | 458.3175 Expert witness certificate.-- |
| 27 | (1) Any person who holds a valid, active license to |
| 28 | practice medicine in another state, who pays an application fee |
| 29 | in an amount set by the board, and who has not had a previous |
| 30 | expert witness certificate revoked by the board may apply for a |
| 31 | certificate to provide expert medical testimony in connection |
| 32 | with any medical negligence litigation pending in this state. |
| 33 | (2) The board shall approve an application for an expert |
| 34 | witness certificate for any person who holds a valid, active |
| 35 | license to practice medicine in another state but may deny an |
| 36 | application for an expert witness certificate if the board |
| 37 | determines the applicant has been disciplined in another state |
| 38 | by that state's medical licensing entity for fraud, dishonesty, |
| 39 | deception, coercion, intimidation, undue influence, |
| 40 | incompetence, or substance abuse. Once an expert witness |
| 41 | certificate is granted, the board may revoke the expert witness |
| 42 | certificate if the board finds the certificateholder has been |
| 43 | disciplined in another state by that state's medical licensing |
| 44 | entity for fraud, dishonesty, deception, coercion, intimidation, |
| 45 | undue influence, incompetence, or substance abuse or if the |
| 46 | board finds the certificateholder has committed these acts while |
| 47 | testifying in a medical negligence proceeding in this state. |
| 48 | (3) Nothing in this section may be construed to authorize |
| 49 | a person who is not licensed to practice medicine in this state |
| 50 | to qualify for or otherwise engage in the practice of medicine |
| 51 | in this state. |
| 52 | (4) The board shall adopt rules to implement this section, |
| 53 | including rules setting the amount of the expert witness |
| 54 | certificate application fee. The application fees for expert |
| 55 | witness certificates may not exceed the cost to administer the |
| 56 | certification program. An expert witness certificate is subject |
| 57 | to renewal every 2 years upon payment of a fee in an amount set |
| 58 | by the board. |
| 59 | Section 2. Paragraph (oo) is added to subsection (1) of |
| 60 | section 458.331, Florida Statutes, to read: |
| 61 | 458.331 Grounds for disciplinary action; action by the |
| 62 | board and department.-- |
| 63 | (1) The following acts constitute grounds for denial of a |
| 64 | license or disciplinary action, as specified in s. 456.072(2): |
| 65 | (oo) Providing false, deceptive, or misleading expert |
| 66 | witness testimony related to the practice of medicine. |
| 67 | Section 3. Section 459.0066, Florida Statutes, is created |
| 68 | to read: |
| 69 | 459.0066 Expert witness certificate.-- |
| 70 | (1) Any person who holds a valid, active license to |
| 71 | practice osteopathic medicine in another state, who pays an |
| 72 | application fee in an amount set by the board, and who has not |
| 73 | had a previous expert witness certificate revoked by the board |
| 74 | may apply for a certificate to provide expert medical testimony |
| 75 | in connection with any medical negligence litigation pending in |
| 76 | this state. |
| 77 | (2) The board shall approve an application for an expert |
| 78 | witness certificate for any person who holds a valid, active |
| 79 | license to practice osteopathic medicine in another state but |
| 80 | may deny an application for an expert witness certificate if the |
| 81 | board determines the applicant has been disciplined in another |
| 82 | state by that state's osteopathic medical licensing entity for |
| 83 | fraud, dishonesty, deception, coercion, intimidation, undue |
| 84 | influence, incompetence, or substance abuse. Once an expert |
| 85 | witness certificate is granted, the board may revoke the expert |
| 86 | witness certificate if the board finds the certificateholder has |
| 87 | been disciplined in another state by that state's osteopathic |
| 88 | medical licensing entity for fraud, dishonesty, deception, |
| 89 | coercion, intimidation, undue influence, incompetence, or |
| 90 | substance abuse or if the board finds the certificateholder has |
| 91 | committed these acts while testifying in a medical negligence |
| 92 | proceeding in this state. |
| 93 | (3) Nothing in this section may be construed to authorize |
| 94 | a person who is not licensed to practice osteopathic medicine in |
| 95 | this state to qualify for or otherwise engage in the practice of |
| 96 | osteopathic medicine in this state. |
| 97 | (4) The board shall adopt rules to implement this section, |
| 98 | including rules setting the amount of the expert witness |
| 99 | certificate application fee. The application fees for expert |
| 100 | witness certificates may not exceed the cost to administer the |
| 101 | certification program. An expert witness certificate is subject |
| 102 | to renewal every 2 years upon payment of a fee in an amount set |
| 103 | by the board. |
| 104 | Section 4. Paragraph (qq) is added to subsection (1) of |
| 105 | section 459.015, Florida Statutes, to read: |
| 106 | 459.015 Grounds for disciplinary action; action by the |
| 107 | board and department.-- |
| 108 | (1) The following acts constitute grounds for denial of a |
| 109 | license or disciplinary action, as specified in s. 456.072(2): |
| 110 | (qq) Providing false, deceptive, or misleading expert |
| 111 | witness testimony related to the practice of medicine. |
| 112 | Section 5. Subsection (12) of section 766.102, Florida |
| 113 | Statutes, is renumbered as subsection (13), and a new subsection |
| 114 | (12) is added to said section, to read: |
| 115 | 766.102 Medical negligence; standards of recovery; expert |
| 116 | witness.-- |
| 117 | (12) If the party against whom or on whose behalf expert |
| 118 | testimony concerning the prevailing professional standard of |
| 119 | care is offered is a physician licensed under chapter 458 or an |
| 120 | osteopathic physician licensed under chapter 459, the expert |
| 121 | witness shall be licensed in this state under chapter 458 or |
| 122 | chapter 459 or hold an expert witness certificate as provided in |
| 123 | s. 458.3175 or s. 459.0066. Expert testimony shall not be |
| 124 | admissible unless the expert providing such testimony holds a |
| 125 | license issued by this state or an expert witness certificate |
| 126 | issued pursuant to s. 458.3175 or s. 459.0066. |
| 127 | Section 6. This act shall take effect July 1, 2005. |