Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SJR 1918, 1st Eng.
                        Barcode 342424
                            CHAMBER ACTION
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       05/04/2006 11:46 AM         .                    
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11  Senators Webster and Campbell moved the following amendment:
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13         Senate Amendment 
14         On page 122, line 22, through
15            page 124, line 19, delete those lines
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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
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    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