Senate Bill sb2212
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2212
    By Senator Saunders
    37-1247A-06
  1                      A bill to be entitled
  2         An act relating to the practice of nursing;
  3         creating s. 464.0186, F.S.; providing that an
  4         advanced registered nurse practitioner who
  5         meets certain criteria is not required to carry
  6         professional liability insurance; requiring the
  7         licensee to pay certain dollar amounts under
  8         certain circumstances regarding a claim of
  9         medical malpractice; requiring the Department
10         of Health to notify the licensee about
11         disciplinary action if specific conditions are
12         not met; requiring the department to issue an
13         emergency order suspending the license of a
14         licensee under certain circumstances; requiring
15         a probable cause panel of the Board of Nursing
16         to make a determination of probable cause;
17         requiring the board to take disciplinary action
18         under certain circumstances; providing minimum
19         requirements for disciplinary action; requiring
20         the licensee to complete a form; requiring the
21         licensee to post a sign that is prominently
22         displayed to the licensee's patients regarding
23         his or her possession of medical malpractice
24         insurance; requiring the department to suspend
25         the license of a licensee against whom a final
26         judgment or arbitration award has been entered
27         or who has entered into a settlement agreement
28         to pay damages arising out of a claim for
29         medical malpractice under certain
30         circumstances; requiring the department to
31         reinstate the license and certification of a
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2212
    37-1247A-06
 1         licensee under certain conditions; providing an
 2         effective date.
 3  
 4  Be It Enacted by the Legislature of the State of Florida:
 5  
 6         Section 1.  Section 464.0186, Florida Statutes, is
 7  created to read:
 8         464.0186  Financial responsibility of advanced
 9  registered nurse practitioners.--
10         (1)  Any person who holds an active license to practice
11  and is certified as an advanced registered nurse practitioner
12  under s. 464.012 and who meets the criteria set forth in this
13  section may be exempt from the requirement to carry
14  professional liability insurance as prescribed in s. 456.048
15  or by rule of the board.
16         (2)  Upon the entry of an adverse final judgment
17  arising from a medical malpractice arbitration award, from a
18  claim of medical malpractice in contract or tort, or from
19  noncompliance with terms of a settlement agreement arising
20  from a claim of medical malpractice in contract or tort, the
21  licensee shall pay the judgment creditor:
22         (a)  The lesser of the entire amount of the judgment
23  with all accrued interest;
24         (b)  The sum of $100,000 if the advanced registered
25  nurse practitioner is licensed under this chapter but does not
26  maintain hospital staff privileges; or
27         (c)  The sum of $250,000 if the advanced registered
28  nurse practitioner is licensed pursuant to this chapter and
29  maintains hospital staff privileges,
30  
31  
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2212
    37-1247A-06
 1  within 60 days after the date such judgment becomes final and
 2  subject to execution, unless otherwise mutually agreed to by
 3  the parties. Such adverse final judgment includes any
 4  cross-claim, counterclaim, or claim for indemnity or
 5  contribution arising from the claim of medical malpractice.
 6         (3)  Upon notification of the existence of an
 7  unsatisfied judgment or payment pursuant to subsection (2),
 8  the department shall notify the licensee by certified mail
 9  that he or she shall be subject to disciplinary action unless,
10  within 30 days after the date of mailing, he or she:
11         (a)  Shows proof that the unsatisfied judgment has been
12  paid in the amount specified in subsection (2); or
13         (b)  Furnishes the department with a copy of a timely
14  filed notice of appeal and:
15         1.  A copy of a supersedeas bond properly posted in the
16  amount required by law; or
17         2.  An order from a court of competent jurisdiction
18  staying execution on the final judgment pending disposition of
19  the appeal.
20         (4)  The department shall issue an emergency order
21  suspending the license of any licensee who, after 30 days
22  following the receipt of a notice from the Department of
23  Health, has failed to:
24         (a)  Satisfy a medical malpractice claim against him or
25  her;
26         (b)  Furnish the department with a copy of a timely
27  filed notice of appeal;
28         (c)  Furnish the department with a copy of a
29  supersedeas bond properly posted in the amount declared by
30  law; or
31  
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2212
    37-1247A-06
 1         (d)  Furnish the department with an order from a court
 2  of competent jurisdiction staying execution on the final
 3  judgment pending disposition of the appeal.
 4         (5)  Upon the next meeting of a probable cause panel of
 5  the board following 30 days after the date of mailing the
 6  notice of disciplinary action to the licensee, the panel shall
 7  make a determination of whether probable cause exists to take
 8  disciplinary action against the licensee pursuant to
 9  subsection (3).
10         (6)  If the board determines that the factual
11  requirements of subsection (3) are met, it shall take
12  disciplinary action as it deems appropriate against the
13  licensee. Such disciplinary action shall include, at a
14  minimum, probation of the license with the restriction that
15  the licensee must make payments to the judgment creditor on a
16  schedule determined by the board to be reasonable and within
17  the financial capability of the advanced registered nurse
18  practitioner. Notwithstanding any other disciplinary action
19  imposed, the disciplinary penalty may include suspension of
20  the license for a period not to exceed 5 years. If an
21  agreement to satisfy a judgment has been met, the board may
22  remove any restriction on the license. The licensee must
23  complete a form supplying necessary information as required by
24  the department.
25         (7)  A licensee who meets the requirements of
26  subsection (1) must post notice in the form of a sign
27  prominently displayed in the reception area and clearly
28  noticeable by all patients or provide a written statement to
29  any person to whom services are provided by the advanced
30  registered nurse practitioner. The sign or statement must
31  state: "Under Florida law Advanced Registered Nurse
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2212
    37-1247A-06
 1  Practitioners (A.R.N.P.s) are generally required to carry
 2  medical malpractice insurance or otherwise demonstrate
 3  financial responsibility to cover potential claims for medical
 4  malpractice. YOUR A.R.N.P. HAS DECIDED NOT TO CARRY MEDICAL
 5  MALPRACTICE INSURANCE. This is permitted under Florida law
 6  subject to certain conditions. Florida law imposes penalties
 7  against noninsured A.R.N.P.s who fail to satisfy adverse
 8  judgments arising from claims of medical malpractice. This
 9  notice is provided pursuant to Florida law."
10         (8)  Notwithstanding any other provision of this
11  section, the department shall suspend the license of any
12  advanced registered nurse practitioner against whom has been
13  entered a final judgment, arbitration award, or other order or
14  who has entered into a settlement agreement to pay damages
15  arising out of a claim for medical malpractice, if all
16  appellate remedies have been exhausted and payment of the
17  amounts required by this section has not been made within 30
18  days after the entering of such judgment, award, order, or
19  agreement, until proof of payment is received by the
20  department or a payment schedule has been agreed upon by the
21  advanced registered nurse practitioner and the claimant and
22  presented to the department. After proof of payment is
23  received by the department or a payment schedule has been
24  agreed upon by the advanced registered nurse practitioner and
25  the claimant and presented to the department, the department
26  shall reinstate the licensee's license and certification.
27         Section 2.  This act shall take effect upon becoming a
28  law.
29  
30  
31  
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2212
    37-1247A-06
 1            *****************************************
 2                          SENATE SUMMARY
 3    Provides that a licensed advanced registered nurse
      practitioner who meets certain criteria is not required
 4    to carry professional liability insurance. Requires the
      licensee to pay certain dollar amounts under certain
 5    circumstances regarding a claim of medical malpractice.
      Requires the Department of Health to notify the licensee
 6    about disciplinary action if specific conditions are not
      met. Requires the department to issue an emergency order
 7    suspending the license of a licensee under certain
      circumstances. Requires a probable cause panel of the
 8    Board of Nursing to make a determination of probable
      cause. Requires the board to take disciplinary action
 9    under certain circumstances. Requires the licensee to
      post a sign that is prominently displayed to the
10    licensee's patients regarding his or her possession of
      medical malpractice insurance. Requires the department to
11    suspend the license of a licensee against whom a final
      judgment or arbitration award has been entered or who has
12    entered into a settlement agreement to pay damages
      arising out of a claim for medical malpractice under
13    certain circumstances. Requires the department to
      reinstate the license and certification of a licensee
14    under certain conditions.
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  6
CODING: Words stricken are deletions; words underlined are additions.