1 | A bill to be entitled |
2 | An act relating to expert witnesses; creating ss. 458.3175 |
3 | and 459.0066, F.S.; requiring the Board of Medicine and |
4 | the Board of Osteopathic Medicine, respectively, to issue |
5 | expert witness certificates to certain licensed physicians |
6 | under certain circumstances; providing requirements for |
7 | certification; providing a limitation; requiring the |
8 | boards to implement rules and set fees; amending ss. |
9 | 458.331 and 459.015, F.S.; providing that certain |
10 | fraudulent, deceptive, or misleading expert witness |
11 | testimony is grounds for disciplinary action; providing |
12 | penalties; amending s. 766.102, F.S.; providing that |
13 | certain medical expert testimony is not admissible unless |
14 | the expert witness meets certain requirements; providing |
15 | an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Section 458.3175, Florida Statutes, is created |
20 | to read: |
21 | 458.3175 Expert witness certificate.-- |
22 | (1) Any physician who is licensed to practice allopathic |
23 | medicine in any other state or in Canada, whose license is |
24 | currently active and valid, who completes a registration form |
25 | prescribed by the board, who pays the application fee, and who |
26 | has not had a previous expert witness certificate revoked by the |
27 | board shall be issued a certificate to provide expert testimony. |
28 | (2) A physician possessing an expert witness certificate |
29 | may use the certificate solely to give a verified written medical |
30 | expert opinion as provided in s. 766.203 and to provide expert |
31 | testimony concerning the prevailing professional standard of care |
32 | in connection with any medical negligence litigation pending in |
33 | this state against a physician licensed under this chapter or |
34 | chapter 459. The possession of an expert witness certificate |
35 | alone does not entitle the physician to engage in the practice of |
36 | medicine as defined in s. 458.305(3). |
37 | (3) Every application for an expert witness certificate |
38 | shall be approved or denied within 5 business days after receipt |
39 | of a completed application. Any application for a certificate |
40 | that is not approved or denied within the required time period is |
41 | considered approved. Any applicant for an expert witness |
42 | certificate seeking to claim certification by default shall |
43 | notify the board, in writing, of the intent to rely on the |
44 | default certification provision of this subsection. |
45 | (4) All licensure fees other than the initial application |
46 | fee, including neurological injury compensation assessments, |
47 | shall be waived for those persons obtaining an expert witness |
48 | certificate but not otherwise allowed to practice medicine in |
49 | this state. |
50 | (5) The board shall adopt rules to implement this section, |
51 | including rules setting the amount of the expert witness |
52 | certificate application fee. The application fee for the expert |
53 | witness certificate may not exceed $50. An expert witness |
54 | certificate shall expire 2 years after the date of issuance. |
55 | Section 2. Paragraph (oo) is added to subsection (1) of |
56 | section 458.331, Florida Statutes, to read: |
57 | 458.331 Grounds for disciplinary action; action by the |
58 | board and department.-- |
59 | (1) The following acts constitute grounds for denial of a |
60 | license or disciplinary action, as specified in s. 456.072(2): |
61 | (oo) Providing misleading, deceptive, or fraudulent expert |
62 | witness testimony related to the practice of medicine. |
63 | Section 3. Section 459.0066, Florida Statutes, is created |
64 | to read: |
65 | 459.0066 Expert witness certificate.-- |
66 | (1) Any physician who is licensed to practice osteopathic |
67 | medicine in any other state or in Canada, whose license is |
68 | currently active and valid, who completes a registration form |
69 | prescribed by the board, who pays the application fee, and who |
70 | has not had a previous expert witness certificate revoked by the |
71 | board shall be issued a certificate to provide expert testimony. |
72 | (2) A physician possessing an expert witness certificate |
73 | may use the certificate solely to give a verified written medical |
74 | expert opinion as provided in s. 766.203 and to provide expert |
75 | testimony concerning the prevailing professional standard of care |
76 | in connection with any medical negligence litigation pending in |
77 | this state against a physician licensed under this chapter or |
78 | chapter 458. The possession of an expert witness certificate |
79 | alone does not entitle the physician to engage in the practice of |
80 | medicine as defined in s. 458.305(3). |
81 | (3) Every application for an expert witness certificate |
82 | shall be approved or denied within 5 business days after receipt |
83 | of a completed application. Any application for a certificate |
84 | that is not approved or denied within the required time period is |
85 | considered approved. Any applicant for an expert witness |
86 | certificate seeking to claim certification by default shall |
87 | notify the board, in writing, of the intent to rely on the |
88 | default certification provision of this subsection. |
89 | (4) All licensure fees other than the initial application |
90 | fee, including neurological injury compensation assessments, |
91 | shall be waived for those persons obtaining an expert witness |
92 | certificate but not otherwise allowed to practice medicine in |
93 | this state. |
94 | (5) The board shall adopt rules to implement this section, |
95 | including rules setting the amount of the expert witness |
96 | certificate application fee. The application fee for the expert |
97 | witness certificate may not exceed $50. An expert witness |
98 | certificate shall expire 2 years after the date of issuance. |
99 | Section 4. Paragraph (qq) is added to subsection (1) of |
100 | section 459.015, Florida Statutes, to read: |
101 | 459.015 Grounds for disciplinary action; action by the |
102 | board and department.-- |
103 | (1) The following acts constitute grounds for denial of a |
104 | license or disciplinary action, as specified in s. 456.072(2): |
105 | (qq) Providing misleading, deceptive, or fraudulent expert |
106 | witness testimony related to the practice of medicine. |
107 | Section 5. Subsection (12) of section 766.102, Florida |
108 | Statutes, is renumbered as subsection (13), and a new subsection |
109 | (12) is added to that section to read: |
110 | 766.102 Medical negligence; standards of recovery; expert |
111 | witness.-- |
112 | (12) If the party against whom or on whose behalf the |
113 | expert testimony concerning the prevailing professional standard |
114 | of care is offered is a physician licensed under chapter 458 or |
115 | chapter 459, the expert witness must be licensed in this state |
116 | under chapter 458 or chapter 459 or possess an expert witness |
117 | certificate as provided in s. 458.3175 or s. 459.0066. Expert |
118 | testimony is not admissible unless the expert providing such |
119 | testimony is licensed by this state or possesses an expert |
120 | witness certificate. |
121 | Section 6. This act shall take effect July 1, 2006. |