Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 1590
       
       
       
       
       
       
                                Barcode 391804                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             05/02/2011 02:21 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 727 and 728
    4  insert:
    5         Section 15. Section 768.135, Florida Statutes, is amended
    6  to read:
    7         768.135 Volunteer team physicians; immunity.—
    8         (1) As used in this section, the term “volunteer team
    9  physician” means any person licensed to practice medicine
   10  pursuant to chapter 458, chapter 459, chapter 460, chapter 461,
   11  or chapter 466:
   12         (a)(1) Who is acting in the capacity of a volunteer team
   13  physician in attendance at an athletic event sponsored by a
   14  public or private elementary or secondary school; and
   15         (b)(2) Who gratuitously and in good faith prior to the
   16  athletic event agrees to render emergency care or treatment to
   17  any participant in such event in connection with an emergency
   18  arising during or as the result of such event, without objection
   19  of such participant.,
   20         (2) A volunteer team physician is shall not be held liable
   21  for any civil damages as a result of such care or treatment or
   22  as a result of any act or failure to act in providing or
   23  arranging further medical treatment unless the when such care or
   24  treatment was rendered in a wrongful manner as a reasonably
   25  prudent person similarly licensed to practice medicine would
   26  have acted under the same or similar circumstances.
   27         (3) A practitioner licensed under chapter 458, chapter 459,
   28  chapter 460, or s. 464.012 who gratuitously and in good faith
   29  conducts an evaluation pursuant to s. 1006.20(2)(c) is not
   30  liable for any civil damages arising from that evaluation unless
   31  the evaluation was conducted in a wrongful manner.
   32         (4) As used in this section, the term “wrongful manner”
   33  means in bad faith or with malicious purpose or in a manner
   34  exhibiting wanton and willful disregard of human rights, safety,
   35  or property, and shall be construed in conformity with the
   36  standard set forth in s. 768.28(9)(a).
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39         And the title is amended as follows:
   40         Delete line 59
   41  and insert:
   42         medical negligence claims; amending s. 768.135, F.S.;
   43         defining the term “volunteer team physician”;
   44         providing that a volunteer team physician is not
   45         liable for civil damages unless treatment was rendered
   46         in a wrongful manner; providing that certain
   47         practitioners who conduct certain evaluations are not
   48         liable for civil damages unless the evaluation was
   49         conducted in a wrongful manner; defining the term
   50         “wrongful manner”; providing an effective