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
1
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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
2
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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.
3
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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
4
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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
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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
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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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