HB 1561

1
A bill to be entitled
2An act relating to expert witnesses; creating ss. 458.3175
3and 459.0066, F.S.; requiring the Board of Medicine and
4the Board of Osteopathic Medicine, respectively, to issue
5expert witness certificates to certain licensed physicians
6under certain circumstances; providing requirements for
7certification; providing a limitation; requiring the
8boards to implement rules and set fees; amending ss.
9458.331 and 459.015, F.S.; providing that certain
10fraudulent, deceptive, or misleading expert witness
11testimony is grounds for disciplinary action; providing
12penalties; amending s. 766.102, F.S.; providing that
13certain medical expert testimony is not admissible unless
14the expert witness meets certain requirements; providing
15an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 458.3175, Florida Statutes, is created
20to read:
21     458.3175  Expert witness certificate.--
22     (1)  Any physician who is licensed to practice allopathic
23medicine in any other state or in Canada, whose license is
24currently active and valid, who completes a registration form
25prescribed by the board, who pays the application fee, and who
26has not had a previous expert witness certificate revoked by the
27board shall be issued a certificate to provide expert testimony.
28     (2)  A physician possessing an expert witness certificate
29may use the certificate solely to give a verified written medical
30expert opinion as provided in s. 766.203 and to provide expert
31testimony concerning the prevailing professional standard of care
32in connection with any medical negligence litigation pending in
33this state against a physician licensed under this chapter or
34chapter 459. The possession of an expert witness certificate
35alone does not entitle the physician to engage in the practice of
36medicine as defined in s. 458.305(3).
37     (3)  Every application for an expert witness certificate
38shall be approved or denied within 5 business days after receipt
39of a completed application. Any application for a certificate
40that is not approved or denied within the required time period is
41considered approved. Any applicant for an expert witness
42certificate seeking to claim certification by default shall
43notify the board, in writing, of the intent to rely on the
44default certification provision of this subsection.
45     (4)  All licensure fees other than the initial application
46fee, including neurological injury compensation assessments,
47shall be waived for those persons obtaining an expert witness
48certificate but not otherwise allowed to practice medicine in
49this state.
50     (5)  The board shall adopt rules to implement this section,
51including rules setting the amount of the expert witness
52certificate application fee. The application fee for the expert
53witness certificate may not exceed $50. An expert witness
54certificate shall expire 2 years after the date of issuance.
55     Section 2.  Paragraph (oo) is added to subsection (1) of
56section 458.331, Florida Statutes, to read:
57     458.331  Grounds for disciplinary action; action by the
58board and department.--
59     (1)  The following acts constitute grounds for denial of a
60license or disciplinary action, as specified in s. 456.072(2):
61     (oo)  Providing misleading, deceptive, or fraudulent expert
62witness testimony related to the practice of medicine.
63     Section 3.  Section 459.0066, Florida Statutes, is created
64to read:
65     459.0066  Expert witness certificate.--
66     (1)  Any physician who is licensed to practice osteopathic
67medicine in any other state or in Canada, whose license is
68currently active and valid, who completes a registration form
69prescribed by the board, who pays the application fee, and who
70has not had a previous expert witness certificate revoked by the
71board shall be issued a certificate to provide expert testimony.
72     (2)  A physician possessing an expert witness certificate
73may use the certificate solely to give a verified written medical
74expert opinion as provided in s. 766.203 and to provide expert
75testimony concerning the prevailing professional standard of care
76in connection with any medical negligence litigation pending in
77this state against a physician licensed under this chapter or
78chapter 458. The possession of an expert witness certificate
79alone does not entitle the physician to engage in the practice of
80medicine as defined in s. 458.305(3).
81     (3)  Every application for an expert witness certificate
82shall be approved or denied within 5 business days after receipt
83of a completed application. Any application for a certificate
84that is not approved or denied within the required time period is
85considered approved. Any applicant for an expert witness
86certificate seeking to claim certification by default shall
87notify the board, in writing, of the intent to rely on the
88default certification provision of this subsection.
89     (4)  All licensure fees other than the initial application
90fee, including neurological injury compensation assessments,
91shall be waived for those persons obtaining an expert witness
92certificate but not otherwise allowed to practice medicine in
93this state.
94     (5)  The board shall adopt rules to implement this section,
95including rules setting the amount of the expert witness
96certificate application fee. The application fee for the expert
97witness certificate may not exceed $50. An expert witness
98certificate shall expire 2 years after the date of issuance.
99     Section 4.  Paragraph (qq) is added to subsection (1) of
100section 459.015, Florida Statutes, to read:
101     459.015  Grounds for disciplinary action; action by the
102board and department.--
103     (1)  The following acts constitute grounds for denial of a
104license or disciplinary action, as specified in s. 456.072(2):
105     (qq)  Providing misleading, deceptive, or fraudulent expert
106witness testimony related to the practice of medicine.
107     Section 5.  Subsection (12) of section 766.102, Florida
108Statutes, 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
111witness.--
112     (12)  If the party against whom or on whose behalf the
113expert testimony concerning the prevailing professional standard
114of care is offered is a physician licensed under chapter 458 or
115chapter 459, the expert witness must be licensed in this state
116under chapter 458 or chapter 459 or possess an expert witness
117certificate as provided in s. 458.3175 or s. 459.0066. Expert
118testimony is not admissible unless the expert providing such
119testimony is licensed by this state or possesses an expert
120witness certificate.
121     Section 6.  This act shall take effect July 1, 2006.


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