CODING: Words stricken are deletions; words underlined are additions.
c2510902
Senate
s0300-98
s0370
2002
AA
104940
Senator Saunders moved the following amendment to amendment
(104940):
On page 11, line 22,
   page 14, line 18,




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 510902

                            CHAMBER ACTION
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10  ______________________________________________________________

11  Senator Saunders moved the following amendment to amendment

12  (104940):

13

14         Senate Amendment (with title amendment) 

15         On page 11, line 22, through

16            page 14, line 18, delete those lines

17

18  and insert:

19         Section 16.  Paragraphs (t) and (v) of subsection (1)

20  and subsection (6) of section 458.331, Florida Statutes, are

21  amended to read:

22         458.331  Grounds for disciplinary action; action by the

23  board and department.--

24         (1)  The following acts constitute grounds for denial

25  of a license or disciplinary action, as specified in s.

26  456.072(2):

27         (t)  Gross or repeated malpractice or the failure to

28  practice medicine with that level of care, skill, and

29  treatment which is recognized by a reasonably prudent similar

30  physician as being acceptable under similar conditions and

31  circumstances.  The board shall give great weight to the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 510902





  1  provisions of s. 766.102 when enforcing this paragraph.  As

  2  used in this paragraph, "repeated malpractice" includes, but

  3  is not limited to, three or more claims for medical

  4  malpractice within the previous 5-year period resulting in

  5  indemnities being paid in excess of $50,000 $25,000 each to

  6  the claimant in a judgment or settlement and which incidents

  7  involved negligent conduct by the physician. As used in this

  8  paragraph, "gross malpractice" or "the failure to practice

  9  medicine with that level of care, skill, and treatment which

10  is recognized by a reasonably prudent similar physician as

11  being acceptable under similar conditions and circumstances,"

12  shall not be construed so as to require more than one

13  instance, event, or act.  Nothing in this paragraph shall be

14  construed to require that a physician be incompetent to

15  practice medicine in order to be disciplined pursuant to this

16  paragraph.

17         (v)  Practicing or offering to practice beyond the

18  scope permitted by law or accepting and performing

19  professional responsibilities which the licensee knows or has

20  reason to know that he or she is not competent to perform. The

21  board may establish by rule standards of practice and

22  standards of care for particular practice settings, including,

23  but not limited to, education and training, equipment and

24  supplies, medications including anesthetics, assistance of and

25  delegation to other personnel, except licensed practitioners

26  under s. 464.012(4)(a), who may continue to practice under the

27  supervision of the operating room surgeon in accordance with

28  chapter 464, transfer agreements, sterilization, records,

29  performance of complex or multiple procedures, informed

30  consent, and policy and procedure manuals.

31         (6)  Upon the department's receipt from an insurer or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 510902





  1  self-insurer of a report of a closed claim against a physician

  2  pursuant to s. 627.912 or from a health care practitioner of a

  3  report pursuant to s. 456.049, or upon the receipt from a

  4  claimant of a presuit notice against a physician pursuant to

  5  s. 766.106, the department shall review each report and

  6  determine whether it potentially involved conduct by a

  7  licensee that is subject to disciplinary action, in which case

  8  the provisions of s. 456.073 shall apply. However, if it is

  9  reported that a physician has had three or more claims with

10  indemnities exceeding $50,000 $25,000 each within the previous

11  5-year period, the department shall investigate the

12  occurrences upon which the claims were based and determine

13  whether if action by the department against the physician is

14  warranted.

15         Section 17.  Paragraphs (x) and (z) of subsection (1)

16  and subsection (6) of section 459.015, Florida Statutes, are

17  amended to read:

18         459.015  Grounds for disciplinary action; action by the

19  board and department.--

20         (1)  The following acts constitute grounds for denial

21  of a license or disciplinary action, as specified in s.

22  456.072(2):

23         (x)  Gross or repeated malpractice or the failure to

24  practice osteopathic medicine with that level of care, skill,

25  and treatment which is recognized by a reasonably prudent

26  similar osteopathic physician as being acceptable under

27  similar conditions and circumstances. The board shall give

28  great weight to the provisions of s. 766.102 when enforcing

29  this paragraph. As used in this paragraph, "repeated

30  malpractice" includes, but is not limited to, three or more

31  claims for medical malpractice within the previous 5-year

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 510902





  1  period resulting in indemnities being paid in excess of

  2  $50,000 $25,000 each to the claimant in a judgment or

  3  settlement and which incidents involved negligent conduct by

  4  the osteopathic physician. As used in this paragraph, "gross

  5  malpractice" or "the failure to practice osteopathic medicine

  6  with that level of care, skill, and treatment which is

  7  recognized by a reasonably prudent similar osteopathic

  8  physician as being acceptable under similar conditions and

  9  circumstances" shall not be construed so as to require more

10  than one instance, event, or act. Nothing in this paragraph

11  shall be construed to require that an osteopathic physician be

12  incompetent to practice osteopathic medicine in order to be

13  disciplined pursuant to this paragraph.  A recommended order

14  by an administrative law judge or a final order of the board

15  finding a violation under this paragraph shall specify whether

16  the licensee was found to have committed "gross malpractice,"

17  "repeated malpractice," or "failure to practice osteopathic

18  medicine with that level of care, skill, and treatment which

19  is recognized as being acceptable under similar conditions and

20  circumstances," or any combination thereof, and any

21  publication by the board shall so specify.

22         (z)  Practicing or offering to practice beyond the

23  scope permitted by law or accepting and performing

24  professional responsibilities which the licensee knows or has

25  reason to know that he or she is not competent to perform. The

26  board may establish by rule standards of practice and

27  standards of care for particular practice settings, including,

28  but not limited to, education and training, equipment and

29  supplies, medications including anesthetics, assistance of and

30  delegation to other personnel, except licensed practitioners

31  under s. 464.012(4)(a), who may continue to practice under the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 370

    Amendment No. ___   Barcode 510902





  1  supervision of the operating surgeon in accordance with

  2  chapter 464, transfer agreements, sterilization, records,

  3  performance of complex or multiple procedures, informed

  4  consent, and policy and procedure manuals.

  5         (6)  Upon the department's receipt from an insurer or

  6  self-insurer of a report of a closed claim against an

  7  osteopathic physician pursuant to s. 627.912 or from a health

  8  care practitioner of a report pursuant to s. 456.049, or upon

  9  the receipt from a claimant of a presuit notice against an

10  osteopathic physician pursuant to s. 766.106, the department

11  shall review each report and determine whether it potentially

12  involved conduct by a licensee that is subject to disciplinary

13  action, in which case the provisions of s. 456.073 shall

14  apply.  However, if it is reported that an osteopathic

15  physician has had three or more claims with indemnities

16  exceeding $50,000 $25,000 each within the previous 5-year

17  period, the department shall investigate the occurrences upon

18  which the claims were based and determine whether if action by

19  the department against the osteopathic physician is warranted.

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 99, line 20, after the semicolon

25

26  insert:

27         providing an exemption from disciplinary action

28         for specified personnel;

29

30

31

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