HB 523

1	A bill to be entitled
2	An act relating to health care providers; amending s.
3	768.13, F.S.; providing immunity from civil damages to
4	health care providers providing emergency care or medical
5	consultation services; providing an exception; providing
6	for severability; providing for retroactive application;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraph (b) of subsection (2) of section
12	768.13, Florida Statutes, is amended to read:
13	768.13  Good Samaritan Act; immunity from civil
14	liability.--
15	(2)
16	(b)1.  Any health care provider, including a hospital
17	licensed under chapter 395, providing emergency services
18	pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s.
19	395.1041, s. 395.401, or s. 401.45 shall not be held liable for
20	any civil damages as a result of such medical care or treatment
21	unless such damages result from providing, or failing to
22	provide, medical care or treatment under circumstances
23	demonstrating a reckless disregard for the consequences so as to
24	affect the life or health of another.
25	2.  Any health care provider, including one who is not an
26	employee of a hospital licensed under chapter 395, providing
27	emergency care or medical consultation services to a patient who
28	has an emergency medical condition shall not be held liable for
29	any civil damages as a result of such medical care, treatment,
30	or consultation unless such damages result from providing, or
31	failing to provide, medical care or treatment under
32	circumstances demonstrating a reckless disregard for the
33	consequences so as to affect the life or health of another.
34	3.2.  The immunity provided by this paragraph applies to
35	damages as a result of any act or omission of providing medical
36	care or treatment, including diagnosis:
37	a.  Which occurs prior to the time the patient is
38	stabilized and is capable of receiving medical treatment as a
39	nonemergency patient, unless surgery is required as a result of
40	the emergency within a reasonable time after the patient is
41	stabilized, in which case the immunity provided by this
42	paragraph applies to any act or omission of providing medical
43	care or treatment which occurs prior to the stabilization of the
44	patient following the surgery.
45	b.  Which is related to the original medical emergency.
46	4.3.  For purposes of this paragraph, "reckless disregard"
47	as it applies to a given health care provider rendering
48	emergency medical services shall be such conduct that a health
49	care provider knew or should have known, at the time such
50	services were rendered, created an unreasonable risk of injury
51	so as to affect the life or health of another, and such risk was
52	substantially greater than that which is necessary to make the
53	conduct negligent.
54	5.4.  Every emergency care facility granted immunity under
55	this paragraph shall accept and treat all emergency care
56	patients within the operational capacity of such facility
57	without regard to ability to pay, including patients transferred
58	from another emergency care facility or other health care
59	provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of
60	an emergency care facility to comply with this subparagraph
61	constitutes grounds for the department to initiate disciplinary
62	action against the facility pursuant to chapter 395.
63	Section 2.  If any provision of this act or its application
64	to any person or circumstance is held invalid, the invalidity
65	does not affect other provisions or applications of the act
66	which can be given effect without the invalid provision or
67	application, and to this end the provisions of this act are
68	severable.
69	Section 3.  It is the intent of the Legislature to apply
70	the provisions of this act retroactively, unless such
71	application is prohibited by law.
72	Section 4.  This act shall take effect October 1, 2008.

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