Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SJR 1918, 1st Eng.
Barcode 342424
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 Floor: 3/AD/3R .
05/04/2006 11:46 AM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senators Webster and Campbell moved the following amendment:
12
13 Senate Amendment
14 On page 122, line 22, through
15 page 124, line 19, delete those lines
16
17 and insert:
18 SECTION 21 25. Patients' right to know about adverse
19 medical incidents.--
20 (a) In addition to any other similar rights provided
21 herein or by general law, patients have a right to have access
22 to any records made or received in the course of business by a
23 health care facility or provider relating to any adverse
24 medical incident.
25 (b) In providing such access, the identity of patients
26 involved in the incidents shall not be disclosed, and any
27 privacy restrictions imposed by federal law shall be
28 maintained.
29 (c) For purposes of this section, the following terms
30 have the following meanings:
31 (1) The phrases "health care facility" and "health
1
6:14 PM 05/03/06 s1918e1b-09-j03
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SJR 1918, 1st Eng.
Barcode 342424
1 care provider" have the meaning given in general law related
2 to a patient's rights and responsibilities.
3 (2) The term "patient" means an individual who has
4 sought, is seeking, is undergoing, or has undergone care or
5 treatment in a health care facility or by a health care
6 provider.
7 (3) The phrase "adverse medical incident" means
8 medical negligence, intentional misconduct, and any other act,
9 neglect, or default of a health care facility or health care
10 provider that caused or could have caused injury to or death
11 of a patient, including, but not limited to, those incidents
12 that are required by state or federal law to be reported to
13 any governmental agency or body, and incidents that are
14 reported to or reviewed by any health care facility peer
15 review, risk management, quality assurance, credentials, or
16 similar committee, or any representative of any such
17 committees.
18 (4) The phrase "have access to any records" means, in
19 addition to any other procedure for producing such records
20 provided by general law, making the records available for
21 inspection and copying upon formal or informal request by the
22 patient or a representative of the patient, provided that
23 current records which have been made publicly available by
24 publication or on the Internet may be "provided" by reference
25 to the location at which the records are publicly available.
26 SECTION 22 26. Prohibition of medical license after
27 repeated medical malpractice.--
28 (a) No person who has been found to have committed
29 three or more incidents of medical malpractice shall be
30 licensed or continue to be licensed by the State of Florida to
31 provide health care services as a medical doctor.
2
6:14 PM 05/03/06 s1918e1b-09-j03
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SJR 1918, 1st Eng.
Barcode 342424
1 (b) For purposes of this section, the following terms
2 have the following meanings:
3 (1) The phrase "medical malpractice" means both the
4 failure to practice medicine in Florida with that level of
5 care, skill, and treatment recognized in general law related
6 to health care providers' licensure, and any similar wrongful
7 act, neglect, or default in other states or countries which,
8 if committed in Florida, would have been considered medical
9 malpractice.
10 (2) The phrase "found to have committed" means that
11 the malpractice has been found in a final judgment of a court
12 of law, final administrative agency decision, or decision of
13 binding arbitration.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
6:14 PM 05/03/06 s1918e1b-09-j03