Senate Bill sb1262c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1262
By the Committee on Health, Aging and Long-Term Care; and
Senator Brown-Waite
317-2160-02
1 A bill to be entitled
2 An act relating to medical negligence; amending
3 s. 768.13, F.S.; providing immunity from civil
4 damages under the Good Samaritan Act for
5 actions taken in response to situations during
6 a declared public health emergency; revising
7 the circumstances under which immunity from
8 civil damages is extended to actions taken by
9 persons licensed to practice medicine;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (a) and (b) of subsection (2) of
15 section 768.13, Florida Statutes, are amended to read:
16 768.13 Good Samaritan Act; immunity from civil
17 liability.--
18 (2)(a) Any person, including those licensed to
19 practice medicine, who gratuitously and in good faith renders
20 emergency care or treatment either in direct response to
21 emergency situations related to and arising out of a public
22 health emergency declared pursuant to s. 381.00315, a state of
23 emergency which has been declared pursuant to s. 252.36 or at
24 the scene of an emergency outside of a hospital, doctor's
25 office, or other place having proper medical equipment,
26 without objection of the injured victim or victims thereof,
27 shall not be held liable for any civil damages as a result of
28 such care or treatment or as a result of any act or failure to
29 act in providing or arranging further medical treatment where
30 the person acts as an ordinary reasonably prudent person would
31 have acted under the same or similar circumstances.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1262
317-2160-02
1 (b)1. Any hospital licensed under chapter 395, any
2 employee of such hospital working in a clinical area within
3 the facility and providing patient care, and any person
4 licensed to practice medicine who in good faith renders
5 medical care or treatment necessitated by a sudden, unexpected
6 situation or occurrence resulting in a serious medical
7 condition demanding immediate medical attention, for which the
8 patient enters the hospital through its emergency room or
9 trauma center, or necessitated by a public health emergency
10 declared pursuant to s. 381.00315 shall not be held liable for
11 any civil damages as a result of such medical care or
12 treatment unless such damages result from providing, or
13 failing to provide, medical care or treatment under
14 circumstances demonstrating a reckless disregard for the
15 consequences so as to affect the life or health of another.
16 2. The immunity provided by this paragraph does not
17 apply to damages as a result of any act or omission of
18 providing medical care or treatment:
19 a. Which occurs after the patient is stabilized and is
20 capable of receiving medical treatment as a nonemergency
21 patient, unless surgery is required as a result of the
22 emergency within a reasonable time after the patient is
23 stabilized, in which case the immunity provided by this
24 paragraph applies to any act or omission of providing medical
25 care or treatment which occurs prior to the stabilization of
26 the patient following the surgery; or
27 b. Unrelated to the original medical emergency.
28 3. For purposes of this paragraph, "reckless
29 disregard" as it applies to a given health care provider
30 rendering emergency medical services shall be such conduct
31 which a health care provider knew or should have known, at the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1262
317-2160-02
1 time such services were rendered, would be likely to result in
2 injury so as to affect the life or health of another, taking
3 into account the following to the extent they may be present;
4 a. The extent or serious nature of the circumstances
5 prevailing.
6 b. The lack of time or ability to obtain appropriate
7 consultation.
8 c. The lack of a prior patient-physician relationship.
9 d. The inability to obtain an appropriate medical
10 history of the patient.
11 e. The time constraints imposed by coexisting
12 emergencies.
13 4. Every emergency care facility granted immunity
14 under this paragraph shall accept and treat all emergency care
15 patients within the operational capacity of such facility
16 without regard to ability to pay, including patients
17 transferred from another emergency care facility or other
18 health care provider pursuant to Pub. L. No. 99-272, s. 9121.
19 The failure of an emergency care facility to comply with this
20 subparagraph constitutes grounds for the department to
21 initiate disciplinary action against the facility pursuant to
22 chapter 395.
23 Section 2. This act shall take effect upon becoming a
24 law.
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 1262
317-2160-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1262
3
4 The Committee Substitute extends immunity from civil liability
under the Good Samaritan Act to:
5
Persons who gratuitously and in good faith render emergency
6 care or treatment in direct response to emergency situations
related to and arising out of a public health emergency
7 declared pursuant to s. 381.00315, F.S., and
8 Any licensed hospital, any employee of such hospital working
in a clinical area within the facility and providing patient
9 care, and any person licensed to practice medicine who in good
faith renders medical care or treatment necessitated by a
10 public health emergency declared pursuant to s. 381.00315,
F.S.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.