HB 1111

1	A bill to be entitled
2	An act relating to financial responsibility of advanced
3	registered nurse practitioners; creating s. 464.028, F.S.;
4	providing for exempting licensed advanced registered nurse
5	practitioners from certain medical malpractice insurance
6	requirements under certain circumstances; providing
7	criteria; requiring licensees to pay certain medical
8	malpractice judgment amounts under certain circumstances;
9	requiring the Department of Health to notify a licensee of
10	possible disciplinary action under certain circumstances;
11	providing requirements; requiring the department to
12	suspend the license and certification of such licensed
13	practitioners for certain failures to comply; providing
14	duties of a probable cause panel relating to disciplinary
15	actions against a licensee; requiring the Board of Nursing
16	to take certain disciplinary actions against a licensee
17	under certain circumstances; authorizing the board to
18	remove certain restrictions on a license and
19	certification; requiring certain licensees to post a
20	notice disclosing lack of medical malpractice insurance
21	under certain circumstances; specifying notice contents;
22	requiring the department to suspend the license and
23	certification of a licensee for failing to pay certain
24	judgments or awards for damages; providing for
25	reinstatement of the license and certification; providing
26	an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Section 464.028, Florida Statutes, is created
31	to read:
32	464.028  Financial responsibility of advanced registered
33	nurse practitioners; exemption.--
34	(1)(a)  Any person holding an active license and
35	certification to practice as an advanced registered nurse
36	practitioner under s. 464.012 who meets the criteria of
37	paragraph (b) may be exempt from the requirement to maintain
38	medical malpractice insurance as prescribed in s. 456.048 or by
39	rule of the board.
40	(b)  Upon the entry of an adverse final judgment arising
41	from a medical malpractice arbitration award, from a claim of
42	medical malpractice in contract or in tort, or from
43	noncompliance with the terms of a settlement agreement arising
44	from a claim of medical malpractice in contract or in tort, the
45	licensee shall pay the judgment creditor the lesser of the
46	entire amount of the judgment with all accrued interest or
47	$100,000 if the advanced registered nurse practitioner is
48	licensed pursuant to this chapter but does not maintain hospital
49	staff privileges or $250,000 if the advanced registered nurse
50	practitioner is licensed pursuant to this chapter and maintains
51	hospital staff privileges, within 60 days after the date such
52	judgment becomes final and subject to execution, unless
53	otherwise mutually agreed to by the parties. Such adverse final
54	judgment shall include any cross claim, counterclaim, or claim
55	for indemnity or contribution arising from the claim of medical
56	malpractice. Upon notification of the existence of an
57	unsatisfied judgment or payment pursuant to this paragraph, the
58	department shall notify the licensee by certified mail that he
59	or she shall be subject to disciplinary action unless, within 30
60	days after the date of mailing, he or she:
61	1.  Shows proof that the unsatisfied judgment has been paid
62	in the amount specified in this paragraph; or
63	2.  Provides the department a copy of a timely filed notice
64	of appeal, and:
65	a.  A copy of a supersedeas bond properly posted in the
66	amount required by law; or
67	b.  An order from a court of competent jurisdiction staying
68	execution on the final judgment pending disposition of the
69	appeal.
70	(2)  The department shall issue an emergency order
71	suspending the license and certification of any licensee who,
72	after 30 days following the receipt of a notice from the
73	department, has failed to:
74	(a)  Satisfy a medical practice claim against him or her;
75	or      (b)  Provide the Department of Health:
76	1.  A copy of a timely filed notice of appeal; and
77	2.a.  A copy of a supersedeas bond properly posted in the
78	amount declared by law; or
79	b.  An order from a court of competent jurisdiction staying
80	execution on the final judgment pending disposition of the
81	appeal.
82	(3)  Upon the next meeting of a probable cause panel of the
83	board following 30 days after the date of mailing the notice of
84	disciplinary action to the licensee, the panel shall make a
85	determination of whether probable cause exists to take
86	disciplinary action against the licensee pursuant to subsection
87	(2).
88	(4)  If the board determines that the factual requirements
89	of subsection (2) are met, the board shall take such
90	disciplinary action against the licensee as the board deems
91	appropriate. Such disciplinary action shall include, at a
92	minimum, probation of the license with the restriction that the
93	licensee must make payments to the judgment creditor on a
94	schedule determined by the board to be reasonable and within the
95	financial capability of the licensee. Notwithstanding any other
96	disciplinary action imposed, the disciplinary penalty may
97	include suspension of the license and certification for a period
98	not to exceed 5 years. If an agreement to satisfy a judgment has
99	been met and the licensee has completed a form supplying any
100	necessary information required by the department, the board may
101	remove any restriction on the license and certification.
102	(5)  A licensee who meets the requirements of this section
103	shall post a notice in the form of a sign prominently displayed
104	in the reception area and clearly noticeable by all patients or
105	provide a written statement to any person to whom advanced
106	registered nurse practitioner services are provided stating:
107	"Under Florida law, advanced registered nurse practitioners
108	(ARNPs) are generally required to carry medical malpractice
109	insurance or otherwise demonstrate financial responsibility to
110	cover potential claims for medical malpractice. YOUR ADVANCED
111	REGISTERED NURSE PRACTITIONER HAS DECIDED NOT TO CARRY MEDICAL
112	MALPRACTICE INSURANCE. This is permitted under Florida law
113	subject to certain conditions. Florida law imposes penalties
114	against noninsured advanced registered nurse practitioners who
115	fail to satisfy adverse judgments arising from claims of medical
116	malpractice. This notice is provided pursuant to Florida law."
117	(6)  Notwithstanding any other provision of this section,
118	the department shall suspend the license and certification of
119	any advanced registered nurse practitioner against whom has been
120	entered a final judgment, arbitration award, or other order or
121	who has not entered into a settlement agreement to pay damages
122	arising out of a claim for medical malpractice, if all appellate
123	remedies have been exhausted and payment of up to the amounts
124	required by this section has not been made within 30 days after
125	the entering of such judgment, award, order, or agreement until
126	proof of payment is received by the department or a payment
127	schedule has been agreed upon by the advanced registered nurse
128	practitioner and the claimant and presented to the department.
129	After proof of payment is received by the department or a
130	payment schedule has been agreed upon by the advanced registered
131	nurse practitioner and the claimant and presented to the
132	department, the department shall reinstate the licensee's
133	license and certification.
134	Section 2.  This act shall take effect July 1, 2006.

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