Senate Bill sb2212

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    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

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    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  

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    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  

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    Florida Senate - 2006                                  SB 2212
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 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

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    Florida Senate - 2006                                  SB 2212
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 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  

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    Florida Senate - 2006                                  SB 2212
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 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.

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