Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 416
Barcode 081532
CHAMBER ACTION
Senate House
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04/25/2006 05:36 PM .
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11 The Committee on Health Care (Jones) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 12, between lines 5 and 6,
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17 insert:
18 Section 3. Section 456.041, Florida Statutes, is
19 amended to read:
20 456.041 Practitioner profile; creation.--
21 (1)(a) The Department of Health shall compile the
22 information submitted pursuant to s. 456.039 into a
23 practitioner profile of the applicant submitting the
24 information, except that the Department of Health shall
25 develop a format to compile uniformly any information
26 submitted under s. 456.039(4)(b). Beginning July 1, 2001, the
27 Department of Health may compile the information submitted
28 pursuant to s. 456.0391 into a practitioner profile of the
29 applicant submitting the information.
30 (b) Beginning July 1, 2005, the department shall
31 verify the information submitted by the applicant under s.
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Bill No. SB 416
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1 456.039 concerning disciplinary history and medical
2 malpractice claims at the time of initial licensure and
3 license renewal using the National Practitioner Data Bank. The
4 physician profiles shall reflect the disciplinary action and
5 medical malpractice claims as reported by the National
6 Practitioner Data Bank, and shall include information relating
7 to liability and disciplinary actions obtained as a result of
8 a search of the National Practitioner Data Bank.
9 (c) Within 30 calendar days after receiving an update
10 of information required for the practitioner's profile, the
11 department shall update the practitioner's profile in
12 accordance with the requirements of subsection (7).
13 (2) On the profile published under subsection (1), the
14 department shall indicate if the information provided under s.
15 456.039(1)(a)7. or s. 456.0391(1)(a)7. is or is not
16 corroborated by a criminal history check conducted according
17 to this subsection. The department, or the board having
18 regulatory authority over the practitioner acting on behalf of
19 the department, shall investigate any information received by
20 the department or the board.
21 (3) The Department of Health shall include in each
22 practitioner's practitioner profile that criminal information
23 that directly relates to the practitioner's ability to
24 competently practice his or her profession. The department
25 must include in each practitioner's practitioner profile the
26 following statement: "The criminal history information, if any
27 exists, may be incomplete; federal criminal history
28 information is not available to the public." The department
29 shall provide in each practitioner profile, for every final
30 disciplinary action taken against the practitioner, an
31 easy-to-read narrative description that explains the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 416
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1 administrative complaint filed against the practitioner and
2 the final disciplinary action imposed on the practitioner. The
3 department shall include a hyperlink to each final order
4 listed in its website report of dispositions of recent
5 disciplinary actions taken against practitioners.
6 (4) The Department of Health shall include, with
7 respect to a practitioner licensed under chapter 458 or
8 chapter 459, a statement of which category how the
9 practitioner has elected to comply with the financial
10 responsibility requirements of s. 458.320 or s. 459.0085. The
11 department shall include, with respect to practitioners
12 subject to s. 456.048, a statement of how the practitioner has
13 elected to comply with the financial responsibility
14 requirements of that section. The department shall include,
15 with respect to practitioners licensed under chapter 461,
16 information relating to liability actions which has been
17 reported under s. 456.049 or s. 627.912 within the previous 10
18 years for any paid claim that exceeds $5,000. The department
19 shall include, with respect to practitioners licensed under
20 chapter 458 or chapter 459, information relating to liability
21 actions which has been reported under ss. 456.049 and 627.912
22 within the previous 10 years for any paid claim that exceeds
23 $50,000 $100,000. Such claims information shall be reported in
24 the context of comparing an individual practitioner's claims
25 to the experience of other practitioners within the same
26 specialty, or profession if the practitioner is not a
27 specialist. The department must provide a hyperlink in such
28 practitioner's profile to all such comparison reports. If
29 information relating to a liability action is included in a
30 practitioner's practitioner profile, the profile must also
31 include the following statement: "Settlement of a claim may
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 416
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1 occur for a variety of reasons that do not necessarily reflect
2 negatively on the professional competence or conduct of the
3 practitioner. A payment in settlement of a medical
4 malpractice action or claim should not be construed as
5 creating a presumption that medical malpractice has occurred."
6 (5) The Department of Health shall include the date of
7 a hospital or ambulatory surgical center disciplinary action
8 taken by a licensed hospital or an ambulatory surgical center,
9 in accordance with the requirements of s. 395.0193, in the
10 practitioner profile. The department shall state whether the
11 action related to professional competence and whether it
12 related to the delivery of services to a patient.
13 (6) Each profile must include the appropriate
14 information behind the following headings: general
15 information, education and training, academic appointments,
16 specialty certification, criminal offenses, disciplinary
17 actions, medical malpractice insurance, and optional
18 information.
19 (7) The department shall specifically provide in each
20 practitioner profile an easy-to-read explanation of whether
21 the practitioner has medical malpractice insurance, whether or
22 not the practitioner has relinquished a license or had a
23 license revoked in any state or jurisdiction, whether the
24 practitioner is retired, and whether the practitioner is
25 practicing in this state.
26 (8) Upon being notified of the death of a
27 practitioner, the department shall indicate on the
28 practitioner profile the practitioner's date of death.
29 (9)(6) The Department of Health may include in the
30 practitioner's practitioner profile any other information that
31 is a public record of any governmental entity and that relates
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 416
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1 to a practitioner's ability to competently practice his or her
2 profession.
3 (10)(7) Upon the completion of a practitioner profile
4 under this section, the Department of Health shall furnish the
5 practitioner who is the subject of the profile a copy of it
6 for review and verification. The practitioner has a period of
7 30 days in which to review and verify the contents of the
8 profile and to correct any factual inaccuracies in it. The
9 Department of Health shall make the profile available to the
10 public at the end of the 30-day period regardless of whether
11 the practitioner has provided verification of the profile
12 content. A practitioner shall be subject to a fine of up to
13 $100 per day for failure to verify the profile contents and to
14 correct any factual errors in his or her profile within the
15 30-day period. The department shall make the profiles
16 available to the public through the World Wide Web and other
17 commonly used means of distribution. The department must
18 include the following statement, in boldface type, in each
19 profile that has not been reviewed by the practitioner to
20 which it applies: "The practitioner has not verified the
21 information contained in this profile." Beginning July 1,
22 2006, and annually thereafter, the department shall perform a
23 random audit of 5 percent of all practitioner profiles in
24 order to determine the accuracy of those profiles. A
25 practitioner whose profile is factually incorrect is subject
26 to a fine of $100 a day from the time the content should have
27 been reported until the factual inaccuracy is discovered by
28 the department, not to exceed $10,000.
29 (11)(8) The Department of Health must provide in each
30 profile an easy-to-read explanation of any disciplinary action
31 taken and the reason the sanction or sanctions were imposed.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 416
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1 (12)(9) The Department of Health may provide one link
2 in each profile to a practitioner's professional website if
3 the practitioner requests that such a link be included in his
4 or her profile.
5 (13)(10) Making a practitioner profile available to
6 the public under this section does not constitute agency
7 action for which a hearing under s. 120.57 may be sought.
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9 (Redesignate subsequent sections.)
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 1, line 15, following the semicolon
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16 insert:
17 amending s. 456.041, F.S.; revising standards
18 for including information with respect to
19 liability actions in practitioner profiles;
20 prescribing a format for practitioner profiles;
21 requiring inclusion of additional information
22 in practitioner profiles; requiring a periodic
23 random audit of practitioner profiles; imposing
24 fines on practitioners whose profiles contain
25 incorrect information;
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