Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 416
                        Barcode 401800
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       04/25/2006 05:36 PM         .                    
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11  The Committee on Health Care (Jones) recommended the following
12  amendment to amendment (355618):
13  
14         Senate Amendment (with title amendment) 
15         On page 2, between lines 1 and 2,
16  
17  insert:  
18         Section 2.  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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    2:00 PM   04/24/06                             s0416c-he13-c7t

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 416 Barcode 401800 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 2 2:00 PM 04/24/06 s0416c-he13-c7t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 416 Barcode 401800 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 3 2:00 PM 04/24/06 s0416c-he13-c7t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 416 Barcode 401800 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 4 2:00 PM 04/24/06 s0416c-he13-c7t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 416 Barcode 401800 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. 5 2:00 PM 04/24/06 s0416c-he13-c7t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 416 Barcode 401800 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. 8 9 (Redesignate subsequent sections.) 10 11 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 12, line 17, following the semicolon 15 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; 26 27 28 29 30 31 6 2:00 PM 04/24/06 s0416c-he13-c7t