Senate Bill sb2686

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    Florida Senate - 2006                                  SB 2686

    By Senator Webster





    9-1429-06

  1                      A bill to be entitled

  2         An act relating to expert witness certificates;

  3         creating s. 458.3175, F.S.; requiring the Board

  4         of Medicine to issue an expert witness

  5         certificate to any out-of-state allopathic

  6         physician who meets certain requirements;

  7         authorizing a licensee to use an expert witness

  8         certificate only under certain circumstances;

  9         requiring that applications for an expert

10         witness certificate be approved or denied

11         within a certain time; requiring all licensure

12         fees to be waived for a person obtaining an

13         expert witness certificate but not otherwise

14         allowed to practice medicine in the state;

15         providing for the adoption of rules; providing

16         an expiration date for an expert witness

17         certificate; amending s. 458.331, F.S.;

18         providing that a physician who gives

19         misleading, deceptive, or fraudulent expert

20         witness testimony may be disciplined; creating

21         s. 459.0094, F.S.; requiring the Board of

22         Osteopathic Medicine to issue an expert witness

23         certificate to any out-of-state osteopathic

24         physician who meets certain requirements;

25         authorizing a licensee to use an expert witness

26         certificate only under certain circumstances;

27         requiring that applications for an expert

28         witness certificate be approved or denied

29         within a certain time; requiring all licensure

30         fees to be waived for a person obtaining an

31         expert witness certificate but not otherwise

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    Florida Senate - 2006                                  SB 2686
    9-1429-06




 1         allowed to practice medicine in the state;

 2         providing for the adoption of rules; providing

 3         an expiration date for an expert witness

 4         certificate; amending s. 459.015, F.S.;

 5         providing that a physician who gives

 6         misleading, deceptive, or fraudulent expert

 7         witness testimony may be disciplined; amending

 8         s. 766.102, F.S.; requiring an expert who gives

 9         testimony in certain actions against a

10         physician to be licensed in this state or hold

11         an expert witness certificate; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 458.3175, Florida Statutes, is

17  created to read:

18         458.3175  Expert witness certificate.--

19         (1)  Any physician who is licensed to practice

20  allopathic medicine in any other state or Canada, whose

21  license is currently active and valid, who completes a

22  registration form prescribed by the board, who pays the

23  application fee, and who has not had a previous expert witness

24  certificate revoked by the board, shall be issued a

25  certificate to provide expert testimony.

26         (2)  A recipient of an expert witness certificate may

27  use the license only to give a verified written medical expert

28  opinion as provided in s. 766.203 and to provide expert

29  testimony concerning the prevailing professional standard of

30  care in connection with any medical negligence litigation

31  pending in this state against a physician licensed under

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    Florida Senate - 2006                                  SB 2686
    9-1429-06




 1  chapter 458 or chapter 459. The receipt of an expert witness

 2  certificate alone does not entitle the recipient to engage in

 3  the practice of medicine as defined in s. 458.305.

 4         (3)  Each application for an expert witness certificate

 5  shall be approved or denied within 5 business days after

 6  receipt of a completed application. Any application for a

 7  certificate which is not approved or denied within the

 8  required time is considered approved. Any applicant for an

 9  expert witness certificate seeking to claim licensure by

10  default shall notify the board, in writing, of the intent to

11  rely on the default license provision of this subsection.

12         (4)  All licensure fees other than the initial

13  application fee, including neurological injury compensation

14  assessments, shall be waived for those persons obtaining an

15  expert witness certificate but not otherwise allowed to

16  practice medicine in this state.

17         (5)  The board shall adopt rules to administer this

18  section, including rules setting the amount of the application

19  fee for an expert witness certificate. The application fee for

20  the expert witness certificate may not exceed $50. An expert

21  witness certificate shall expire 2 years after the date of

22  issuance.

23         Section 2.  Paragraph (oo) is added to subsection (1)

24  of section 458.331, Florida Statutes, to read:

25         458.331  Grounds for disciplinary action; action by the

26  board and department.--

27         (1)  The following acts constitute grounds for denial

28  of a license or disciplinary action, as specified in s.

29  456.072(2):

30         (oo)  Providing misleading, deceptive, or fraudulent

31  expert witness testimony related to the practice of medicine.

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    Florida Senate - 2006                                  SB 2686
    9-1429-06




 1         Section 3.  Section 459.0094, Florida Statutes, is

 2  created to read:

 3         459.0094  Expert witness certificate.--

 4         (1)  Any physician who is licensed to practice

 5  osteopathic medicine in any other state or Canada, whose

 6  license is currently active and valid, who completes a

 7  registration form prescribed by the board, who pays the

 8  application fee, and who has not had a previous expert witness

 9  certificate revoked by the board, shall be issued a

10  certificate to provide expert testimony.

11         (2)  A recipient of an expert witness certificate may

12  use the license only to give a verified written medical expert

13  opinion as provided in s. 766.203 and to provide expert

14  testimony concerning the prevailing professional standard of

15  care in connection with any medical negligence litigation

16  pending in this state against a physician licensed under

17  chapter 458 or chapter 459. The receipt of an expert witness

18  certificate alone does not entitle the recipient to engage in

19  the practice of medicine as defined in s. 458.305.

20         (3)  Each application for an expert witness certificate

21  shall be approved or denied within 5 business days after

22  receipt of a completed application. Any application for a

23  certificate which is not approved or denied within the

24  required time is considered approved. Any applicant for an

25  expert witness certificate seeking to claim licensure by

26  default shall notify the board, in writing, of the intent to

27  rely on the default license provision of this subsection.

28         (4)  All licensure fees other than the initial

29  application fee, including neurological injury compensation

30  assessments, shall be waived for those persons obtaining an

31  

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    Florida Senate - 2006                                  SB 2686
    9-1429-06




 1  expert witness certificate but not otherwise allowed to

 2  practice medicine in this state.

 3         (5)  The board shall adopt rules to administer this

 4  section, including rules setting the amount of the application

 5  fee for an expert witness certificate. The application fee for

 6  the expert witness certificate may not exceed $50. An expert

 7  witness certificate shall expire 2 years after the date of

 8  issuance.

 9         Section 4.  Paragraph (qq) is added to subsection (1)

10  of section 459.015, Florida Statutes, to read:

11         459.015  Grounds for disciplinary action; action by the

12  board and department.--

13         (1)  The following acts constitute grounds for denial

14  of a license or disciplinary action, as specified in s.

15  456.072(2):

16         (qq)  Providing misleading, deceptive, or fraudulent

17  expert witness testimony related to the practice of medicine.

18         Section 5.  Present subsection (12) of section 766.102,

19  Florida Statutes, is redesignated as subsection (13), and a

20  new subsection (12) is added to that section, to read:

21         766.102  Medical negligence; standards of recovery;

22  expert witness.--

23         (12)  In any action for damages involving a claim of

24  negligence against a physician licensed under chapter 458 or

25  chapter 459, an expert witness who offers testimony concerning

26  the prevailing professional standard of care must be licensed

27  in this state under chapter 458 or chapter 459 or hold an

28  expert witness certificate as provided in s. 458.3175 or s.

29  459.0094.

30  

31  

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    Florida Senate - 2006                                  SB 2686
    9-1429-06




 1         (13)(12)  This section does not limit the power of the

 2  trial court to disqualify or qualify an expert witness on

 3  grounds other than the qualifications in this section.

 4         Section 6.  This act shall take effect July 1, 2006.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Requires the Board of Medicine to issue an expert witness
      certificate to any out-of-state allopathic physician who
 9    meets certain requirements. Authorizes a licensee to use
      an expert witness certificate under only certain
10    circumstances. Requires that applications for an expert
      witness certificate be approved or denied within a
11    certain time. Requires all licensure fees to be waived
      for a person obtaining an expert witness certificate but
12    not otherwise allowed to practice medicine in the state.
      Provides for the adoption of rules. Provides an
13    expiration date for an expert witness certificate.
      Provides that a physician and a person practicing
14    osteopathic medicine may be disciplined for providing
      misleading, deceptive, or fraudulent expert witness
15    testimony. Requires the Board of Osteopathic Medicine to
      issue an expert witness certificate to any out-of-state
16    osteopathic physician who meets certain requirements.
      Authorizes a licensee to use an expert witness
17    certificate only under certain circumstances. Requires
      that applications for an expert witness certificate be
18    approved or denied within a certain time. Requires all
      licensure fees to be waived for a person obtaining an
19    expert witness certificate but not otherwise allowed to
      practice medicine in the state. Provides for the adoption
20    of rules. Provides an expiration date for an expert
      witness certificate. Requires an expert who gives
21    testimony in certain actions against a physician to be
      licensed in this state or hold an expert witness
22    certificate.

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