HB 1059

1
A bill to be entitled
2An act relating to medical profession regulation; amending
3s. 456.041, F.S.; revising provisions relating to the
4content of the Department of Health's practitioner
5profiles; amending s. 458.307, F.S.; revising membership
6and terms of members of the Board of Medicine; providing
7an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (4) of section 456.041, Florida
12Statutes, is amended to read:
13     456.041  Practitioner profile; creation.--
14     (4)  The Department of Health shall include, with respect
15to a practitioner licensed under chapter 458 or chapter 459, a
16statement of how the practitioner has elected to comply with the
17financial responsibility requirements of s. 458.320 or s.
18459.0085. The department shall include, with respect to
19practitioners subject to s. 456.048, a statement of how the
20practitioner has elected to comply with the financial
21responsibility requirements of that section. The department
22shall include, with respect to practitioners licensed under
23chapter 461, information relating to liability actions which has
24been reported under s. 456.049 or s. 627.912 within the previous
2510 years for any paid claim that exceeds $5,000. The department
26shall include, with respect to practitioners licensed under
27chapter 458, or chapter 459, or chapter 461, information
28relating to liability actions that which has been reported under
29ss. 456.049 and 627.912 within the previous 10 years for any
30paid claim that exceeds $50,000. Any $100,000. Such claims
31information shall be reported in the context of comparing an
32individual practitioner's claims to the experience of other
33practitioners within the same specialty, or profession if the
34practitioner is not a specialist. The department must provide a
35hyperlink in such practitioner's profile to all such comparison
36reports. If information relating to a liability action is
37included in a practitioner's practitioner profile, the profile
38must also include the following statement: "Settlement of a
39claim may occur for a variety of reasons that do not necessarily
40reflect negatively on the professional competence or conduct of
41the practitioner. A payment in settlement of a medical
42malpractice action or claim should not be construed as creating
43a presumption that medical malpractice has occurred."
44     Section 2.  Subsections (2) and (3) of section 458.307,
45Florida Statutes, are amended to read:
46     458.307  Board of Medicine.--
47     (2)  Ten Twelve members of the board must be licensed
48physicians in good standing in this state who are residents of
49the state and who have been engaged in the active practice or
50teaching of medicine in this state with a full and unrestricted
51medical license for at least 5 4 years immediately preceding
52their appointment. One of the physicians must be on the full-
53time faculty of a medical school in this state, and one of the
54physicians must be in private practice and on the full-time
55staff of a statutory teaching hospital in this state as defined
56in s. 408.07. At least one of the physicians must be a graduate
57of a foreign medical school. Four members must be consumer
58members and The remaining three members must each be a resident
59residents of the state who has lived in the state for at least 5
60years immediately preceding his or her appointment, has never
61been licensed as a health care practitioner under chapter 456 or
62the applicable practice act, and does not have a substantial
63personal, business, professional, or pecuniary connection with a
64licensed health care practitioner or with a medical education or
65health care facility, except as a patient or potential patient.
66The final are not, and never have been, licensed health care
67practitioners. One member must be the chief operations officer
68of a hospital a health care risk manager licensed under chapter
69395 who has lived in the state and held this position for at
70least 5 years immediately preceding his or her appointment s.
71395.10974. At least one member of the board must be 60 years of
72age or older.
73     (3)  Terms for current members of the board shall expire on
74October 31, 2007. Initial appointments to the board pursuant to
75this act shall take effect November 1, 2007. Five of the initial
76physician appointments shall be for terms of 2 years each; five
77of the initial physician appointments shall be for terms of 3
78years each; and the remaining initial appointments shall be for
79terms of 4 years each. As the terms of the members expire
80subsequent to November 1, 2007, the Governor shall appoint
81successors for terms of 4 years, and such members shall serve
82until their successors are appointed.
83     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.