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                        | 
                            
                              | HOUSE AMENDMENT |  
                              | Bill No. HB 1713 |  |  | 
                
                  |  |  | 
                1 | CHAMBER ACTION | 
                | 2 |  | 
              
                | 3 | . | 
              
                | 4 | . | 
              
                | 5 | . | 
              
                | 6 |  | 
              
                | 7 |  | 
              
                | 8 |  | 
              
                | 9 |  | 
              
                | 10 |  | 
              
                | 11 |  | 
              
                | 12 | Representative Galvano offered the following: | 
              
                | 13 |  | 
              
                | 14 | Amendment (with title amendment) | 
              
                | 15 | Remove line(s) 1381-1389, and insert: | 
              
                | 16 | Section 42.  Effective July 1, 2006, subsections (4) and | 
              
                | 17 | (5) of section 458.320, Florida Statutes, are amended to read: | 
              
                | 18 | 458.320  Financial responsibility.-- | 
              
                | 19 | (4)(a)  Each insurer, self-insurer, risk retention group, | 
              
                | 20 | or Joint Underwriting Association shall promptly notify the | 
              
                | 21 | department of cancellation or nonrenewal of insurance required | 
              
                | 22 | by this section. Unless the physician demonstrates that he or | 
              
                | 23 | she is otherwise in compliance with the requirements of this | 
              
                | 24 | section, the department shall suspend the license of the | 
              
                | 25 | physician pursuant to ss. 120.569 and 120.57 and notify all | 
              
                | 26 | health care facilities licensed under chapter 395 of such | 
              
                | 27 | action. Any suspension under this subsection shall remain in | 
              
                | 28 | effect until the physician demonstrates compliance with the | 
              
                | 29 | requirements of this section , except that a license suspended  | 
              
                | 30 | under paragraph (5)(g) shall not be reinstated until the  | 
              
                | 31 | physician demonstrates compliance with the requirements of that  | 
              
                | 32 | provision. | 
              
                | 33 | (b)  If financial responsibility requirements are met by | 
              
                | 34 | maintaining an escrow account or letter of credit as provided in | 
              
                | 35 | this section, upon the entry of an adverse final judgment | 
              
                | 36 | arising from a medical malpractice arbitration award, from a | 
              
                | 37 | claim of medical malpractice either in contract or tort, or from | 
              
                | 38 | noncompliance with the terms of a settlement agreement arising | 
              
                | 39 | from a claim of medical malpractice either in contract or tort, | 
              
                | 40 | the licensee shall pay the entire amount of the judgment | 
              
                | 41 | together with all accrued interest, or the amount maintained in | 
              
                | 42 | the escrow account or provided in the letter of credit as | 
              
                | 43 | required by this section, whichever is less, within 60 days | 
              
                | 44 | after the date such judgment became final and subject to | 
              
                | 45 | execution, unless otherwise mutually agreed to in writing by the | 
              
                | 46 | parties. If timely payment is not made by the physician, the | 
              
                | 47 | department shall suspend the license of the physician pursuant  | 
              
                | 48 | to procedures set forth in subparagraphs (5)(g)3., 4., and 5. | 
              
                | 49 | Nothing in this paragraph shall abrogate a judgment debtor's | 
              
                | 50 | obligation to satisfy the entire amount of any judgment. | 
              
                | 51 | (5)  The requirements of subsections (1), (2), and (3) | 
              
                | 52 | shall not apply to: | 
              
                | 53 | (a)  Any person licensed under this chapter who practices | 
              
                | 54 | medicine exclusively as an officer, employee, or agent of the | 
              
                | 55 | Federal Government or of the state or its agencies or its | 
              
                | 56 | subdivisions. For the purposes of this subsection, an agent of | 
              
                | 57 | the state, its agencies, or its subdivisions is a person who is | 
              
                | 58 | eligible for coverage under any self-insurance or insurance | 
              
                | 59 | program authorized by the provisions of s. 768.28(15). | 
              
                | 60 | (b)  Any person whose license has become inactive under | 
              
                | 61 | this chapter and who is not practicing medicine in this state. | 
              
                | 62 | Any person applying for reactivation of a license must show | 
              
                | 63 | either that such licensee maintained tail insurance coverage | 
              
                | 64 | which provided liability coverage for incidents that occurred on | 
              
                | 65 | or after January 1, 1987, or the initial date of licensure in | 
              
                | 66 | this state, whichever is later, and incidents that occurred | 
              
                | 67 | before the date on which the license became inactive; or such | 
              
                | 68 | licensee must submit an affidavit stating that such licensee has | 
              
                | 69 | no unsatisfied medical malpractice judgments or settlements at | 
              
                | 70 | the time of application for reactivation. | 
              
                | 71 | (c)  Any person holding a limited license pursuant to s. | 
              
                | 72 | 458.317 and practicing under the scope of such limited license. | 
              
                | 73 | (d)  Any person licensed or certified under this chapter | 
              
                | 74 | who practices only in conjunction with his or her teaching | 
              
                | 75 | duties at an accredited medical school or in its main teaching | 
              
                | 76 | hospitals. Such person may engage in the practice of medicine to | 
              
                | 77 | the extent that such practice is incidental to and a necessary | 
              
                | 78 | part of duties in connection with the teaching position in the | 
              
                | 79 | medical school. | 
              
                | 80 | (e)  Any person holding an active license under this | 
              
                | 81 | chapter who is not practicing medicine in this state. If such | 
              
                | 82 | person initiates or resumes any practice of medicine in this | 
              
                | 83 | state, he or she must notify the department of such activity. | 
              
                | 84 | (f)  Any person holding an active license under this  | 
              
                | 85 | chapter who meets all of the following criteria:
 | 
              
                | 86 | 1.  The licensee has held an active license to practice in  | 
              
                | 87 | this state or another state or some combination thereof for more  | 
              
                | 88 | than 15 years.
 | 
              
                | 89 | 2.  The licensee has either retired from the practice of  | 
              
                | 90 | medicine or maintains a part-time practice of no more than 1,000  | 
              
                | 91 | patient contact hours per year.
 | 
              
                | 92 | 3.  The licensee has had no more than two claims for  | 
              
                | 93 | medical malpractice resulting in an indemnity exceeding $25,000  | 
              
                | 94 | within the previous 5-year period.
 | 
              
                | 95 | 4.  The licensee has not been convicted of, or pled guilty  | 
              
                | 96 | or nolo contendere to, any criminal violation specified in this  | 
              
                | 97 | chapter or the medical practice act of any other state.
 | 
              
                | 98 | 5.  The licensee has not been subject within the last 10  | 
              
                | 99 | years of practice to license revocation or suspension for any  | 
              
                | 100 | period of time; probation for a period of 3 years or longer; or  | 
              
                | 101 | a fine of $500 or more for a violation of this chapter or the  | 
              
                | 102 | medical practice act of another jurisdiction. The regulatory  | 
              
                | 103 | agency's acceptance of a physician's relinquishment of a  | 
              
                | 104 | license, stipulation, consent order, or other settlement,  | 
              
                | 105 | offered in response to or in anticipation of the filing of  | 
              
                | 106 | administrative charges against the physician's license, shall be  | 
              
                | 107 | construed as action against the physician's license for the  | 
              
                | 108 | purposes of this paragraph.
 | 
              
                | 109 | 6.  The licensee has submitted a form supplying necessary  | 
              
                | 110 | information as required by the department and an affidavit  | 
              
                | 111 | affirming compliance with the provisions of this paragraph.
 | 
              
                | 112 | 7.  The licensee shall submit biennially to the department  | 
              
                | 113 | certification stating compliance with the provisions of this  | 
              
                | 114 | paragraph. The licensee shall, upon request, demonstrate to the  | 
              
                | 115 | department information verifying compliance with this paragraph.
 | 
              
                | 116 |  | 
              
                | 117 | A licensee who meets the requirements of this paragraph shall be  | 
              
                | 118 | required either to post notice in the form of a sign prominently  | 
              
                | 119 | displayed in the reception area and clearly noticeable by all  | 
              
                | 120 | patients or provide a written statement to any person to whom  | 
              
                | 121 | medical services are being provided. Such sign or statement  | 
              
                | 122 | shall state that: Under Florida law, physicians are generally  | 
              
                | 123 | required to carry medical malpractice insurance or otherwise  | 
              
                | 124 | demonstrate financial responsibility to cover potential claims  | 
              
                | 125 | for medical malpractice. However, certain part-time physicians  | 
              
                | 126 | who meet state requirements are exempt from the financial  | 
              
                | 127 | responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS  | 
              
                | 128 | DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice  | 
              
                | 129 | is provided pursuant to Florida law.
 | 
              
                | 130 | (g)  Any person holding an active license under this  | 
              
                | 131 | chapter who agrees to meet all of the following criteria:
 | 
              
                | 132 | 1.  Upon the entry of an adverse final judgment arising  | 
              
                | 133 | from a medical malpractice arbitration award, from a claim of  | 
              
                | 134 | medical malpractice either in contract or tort, or from  | 
              
                | 135 | noncompliance with the terms of a settlement agreement arising  | 
              
                | 136 | from a claim of medical malpractice either in contract or tort,  | 
              
                | 137 | the licensee shall pay the judgment creditor the lesser of the  | 
              
                | 138 | entire amount of the judgment with all accrued interest or  | 
              
                | 139 | either $100,000, if the physician is licensed pursuant to this  | 
              
                | 140 | chapter but does not maintain hospital staff privileges, or  | 
              
                | 141 | $250,000, if the physician is licensed pursuant to this chapter  | 
              
                | 142 | and maintains hospital staff privileges, within 60 days after  | 
              
                | 143 | the date such judgment became final and subject to execution,  | 
              
                | 144 | unless otherwise mutually agreed to in writing by the parties.  | 
              
                | 145 | Such adverse final judgment shall include any cross-claim,  | 
              
                | 146 | counterclaim, or claim for indemnity or contribution arising  | 
              
                | 147 | from the claim of medical malpractice. Upon notification of the  | 
              
                | 148 | existence of an unsatisfied judgment or payment pursuant to this  | 
              
                | 149 | subparagraph, the department shall notify the licensee by  | 
              
                | 150 | certified mail that he or she shall be subject to disciplinary  | 
              
                | 151 | action unless, within 30 days from the date of mailing, he or  | 
              
                | 152 | she either:
 | 
              
                | 153 | a.  Shows proof that the unsatisfied judgment has been paid  | 
              
                | 154 | in the amount specified in this subparagraph; or
 | 
              
                | 155 | b.  Furnishes the department with a copy of a timely filed  | 
              
                | 156 | notice of appeal and either:
 | 
              
                | 157 | (I)  A copy of a supersedeas bond properly posted in the  | 
              
                | 158 | amount required by law; or
 | 
              
                | 159 | (II)  An order from a court of competent jurisdiction  | 
              
                | 160 | staying execution on the final judgment pending disposition of  | 
              
                | 161 | the appeal.
 | 
              
                | 162 | 2.  The Department of Health shall issue an emergency order  | 
              
                | 163 | suspending the license of any licensee who, after 30 days  | 
              
                | 164 | following receipt of a notice from the Department of Health, has  | 
              
                | 165 | failed to: satisfy a medical malpractice claim against him or  | 
              
                | 166 | her; furnish the Department of Health a copy of a timely filed  | 
              
                | 167 | notice of appeal; furnish the Department of Health a copy of a  | 
              
                | 168 | supersedeas bond properly posted in the amount required by law;  | 
              
                | 169 | or furnish the Department of Health an order from a court of  | 
              
                | 170 | competent jurisdiction staying execution on the final judgment  | 
              
                | 171 | pending disposition of the appeal.
 | 
              
                | 172 | 3.  Upon the next meeting of the probable cause panel of  | 
              
                | 173 | the board following 30 days after the date of mailing the notice  | 
              
                | 174 | of disciplinary action to the licensee, the panel shall make a  | 
              
                | 175 | determination of whether probable cause exists to take  | 
              
                | 176 | disciplinary action against the licensee pursuant to  | 
              
                | 177 | subparagraph 1.
 | 
              
                | 178 | 4.  If the board determines that the factual requirements  | 
              
                | 179 | of subparagraph 1. are met, it shall take disciplinary action as  | 
              
                | 180 | it deems appropriate against the licensee. Such disciplinary  | 
              
                | 181 | action shall include, at a minimum, probation of the license  | 
              
                | 182 | with the restriction that the licensee must make payments to the  | 
              
                | 183 | judgment creditor on a schedule determined by the board to be  | 
              
                | 184 | reasonable and within the financial capability of the physician.  | 
              
                | 185 | Notwithstanding any other disciplinary penalty imposed, the  | 
              
                | 186 | disciplinary penalty may include suspension of the license for a  | 
              
                | 187 | period not to exceed 5 years. In the event that an agreement to  | 
              
                | 188 | satisfy a judgment has been met, the board shall remove any  | 
              
                | 189 | restriction on the license.
 | 
              
                | 190 | 5.  The licensee has completed a form supplying necessary  | 
              
                | 191 | information as required by the department.
 | 
              
                | 192 |  | 
              
                | 193 | A licensee who meets the requirements of this paragraph shall be  | 
              
                | 194 | required either to post notice in the form of a sign prominently  | 
              
                | 195 | displayed in the reception area and clearly noticeable by all  | 
              
                | 196 | patients or to provide a written statement to any person to whom  | 
              
                | 197 | medical services are being provided. Such sign or statement  | 
              
                | 198 | shall state: "Under Florida law, physicians are generally  | 
              
                | 199 | required to carry medical malpractice insurance or otherwise  | 
              
                | 200 | demonstrate financial responsibility to cover potential claims  | 
              
                | 201 | for medical malpractice. YOUR DOCTOR HAS DECIDED NOT TO CARRY  | 
              
                | 202 | MEDICAL MALPRACTICE INSURANCE. This is permitted under Florida  | 
              
                | 203 | law subject to certain conditions. Florida law imposes penalties  | 
              
                | 204 | against noninsured physicians who fail to satisfy adverse  | 
              
                | 205 | judgments arising from claims of medical malpractice. This  | 
              
                | 206 | notice is provided pursuant to Florida law."
 | 
              
                | 207 | Section 43.  Paragraph (b) of subsection (1) and paragraph | 
              
                | 208 | (b) of subsection (2) of section 458.320, Florida Statutes, | 
              
                | 209 | read, and subsections (9) and (10) are added to said section to | 
              
                | 210 | read: | 
              
                | 211 | 458.320  Financial responsibility.-- | 
              
                | 212 | (1)  As a condition of licensing and prior to the issuance | 
              
                | 213 | or renewal of an active license or reactivation of an inactive | 
              
                | 214 | license for the practice of medicine, an applicant shall by one | 
              
                | 215 | of the following methods demonstrate to the satisfaction of the | 
              
                | 216 | board and the department financial responsibility to pay claims | 
              
                | 217 | and costs ancillary thereto arising out of the rendering of, or | 
              
                | 218 | the failure to render, medical care or services: | 
              
                | 219 | (b)  Obtaining and maintaining professional liability | 
              
                | 220 | coverage in an amount not less than $100,000 per claim, with a | 
              
                | 221 | minimum annual aggregate of not less than $300,000, from an | 
              
                | 222 | authorized insurer as defined under s. 624.09, from a surplus | 
              
                | 223 | lines insurer as defined under s. 626.914(2), from a risk | 
              
                | 224 | retention group as defined under s. 627.942, from the Joint | 
              
                | 225 | Underwriting Association established under s. 627.351(4), or | 
              
                | 226 | through a plan of self-insurance as provided in s. 627.357. | 
              
                | 227 | (2)  As a continuing condition of hospital staff | 
              
                | 228 | privileges, physicians with staff privileges shall also be | 
              
                | 229 | required to establish financial responsibility by one of the | 
              
                | 230 | following methods: | 
              
                | 231 | (b)  Obtaining and maintaining professional liability | 
              
                | 232 | coverage in an amount not less than $250,000 per claim, with a | 
              
                | 233 | minimum annual aggregate of not less than $750,000 from an | 
              
                | 234 | authorized insurer as defined under s. 624.09, from a surplus | 
              
                | 235 | lines insurer as defined under s. 626.914(2), from a risk | 
              
                | 236 | retention group as defined under s. 627.942, from the Joint | 
              
                | 237 | Underwriting Association established under s. 627.351(4), | 
              
                | 238 | through a plan of self-insurance as provided in s. 627.357, or | 
              
                | 239 | through a plan of self-insurance which meets the conditions | 
              
                | 240 | specified for satisfying financial responsibility in s. 766.110. | 
              
                | 241 |  | 
              
                | 242 | This subsection shall be inclusive of the coverage in subsection | 
              
                | 243 | (1). | 
              
                | 244 | (9)  After July 1, 2006, if an applicant elects to purchase | 
              
                | 245 | professional liability coverage under paragraph (1)(b) or | 
              
                | 246 | paragraph (2)(b) and an insurance product is available from a | 
              
                | 247 | private insurance provider at or below the rate charged for an | 
              
                | 248 | identical product on or before December 31, 2001, the applicant | 
              
                | 249 | must purchase that product. If no product is commercially | 
              
                | 250 | available or no product is available as described in this | 
              
                | 251 | subsection, and if an applicant elects to purchase professional | 
              
                | 252 | liability coverage under paragraph (1)(b) or paragraph (2)(b), | 
              
                | 253 | the applicant must purchase insurance from the Health Care | 
              
                | 254 | Professional Liability Insurance Facility as provided in s. | 
              
                | 255 | 627.3575. | 
              
                | 256 | (10)  Failure to comply with the provisions of this section | 
              
                | 257 | by January 1, 2007, shall result in the automatic suspension of | 
              
                | 258 | an active license or the automatic denial of an application for | 
              
                | 259 | a new license or renewal of an existing license until the | 
              
                | 260 | applicant complies with the requirements of subsections (1), | 
              
                | 261 | (2), and (3) or subsection (9). | 
              
                | 262 | Section 44.  Effective July 1, 2006, subsections (4) and | 
              
                | 263 | (5) of section 459.0085, Florida Statutes, are amended to read: | 
              
                | 264 | 459.0085  Financial responsibility.-- | 
              
                | 265 | (4)(a)  Each insurer, self-insurer, risk retention group, | 
              
                | 266 | or joint underwriting association shall promptly notify the | 
              
                | 267 | department of cancellation or nonrenewal of insurance required | 
              
                | 268 | by this section. Unless the osteopathic physician demonstrates | 
              
                | 269 | that he or she is otherwise in compliance with the requirements | 
              
                | 270 | of this section, the department shall suspend the license of the | 
              
                | 271 | osteopathic physician pursuant to ss. 120.569 and 120.57 and | 
              
                | 272 | notify all health care facilities licensed under chapter 395, | 
              
                | 273 | part IV of chapter 394, or part I of chapter 641 of such action. | 
              
                | 274 | Any suspension under this subsection shall remain in effect | 
              
                | 275 | until the osteopathic physician demonstrates compliance with the | 
              
                | 276 | requirements of this section except that a license suspended  | 
              
                | 277 | under paragraph (5)(g) shall not be reinstated until the  | 
              
                | 278 | osteopathic physician demonstrates compliance with the  | 
              
                | 279 | requirements of that provision. | 
              
                | 280 | (b)  If financial responsibility requirements are met by | 
              
                | 281 | maintaining an escrow account or letter of credit as provided in | 
              
                | 282 | this section, upon the entry of an adverse final judgment | 
              
                | 283 | arising from a medical malpractice arbitration award, from a | 
              
                | 284 | claim of medical malpractice either in contract or tort, or from | 
              
                | 285 | noncompliance with the terms of a settlement agreement arising | 
              
                | 286 | from a claim of medical malpractice either in contract or tort, | 
              
                | 287 | the licensee shall pay the entire amount of the judgment | 
              
                | 288 | together with all accrued interest or the amount maintained in | 
              
                | 289 | the escrow account or provided in the letter of credit as | 
              
                | 290 | required by this section, whichever is less, within 60 days | 
              
                | 291 | after the date such judgment became final and subject to | 
              
                | 292 | execution, unless otherwise mutually agreed to in writing by the | 
              
                | 293 | parties. If timely payment is not made by the osteopathic | 
              
                | 294 | physician, the department shall suspend the license of the | 
              
                | 295 | osteopathic physician pursuant to procedures set forth in  | 
              
                | 296 | subparagraphs (5)(g)3., 4., and 5. Nothing in this paragraph | 
              
                | 297 | shall abrogate a judgment debtor's obligation to satisfy the | 
              
                | 298 | entire amount of any judgment. | 
              
                | 299 | (5)  The requirements of subsections (1), (2), and (3) | 
              
                | 300 | shall not apply to: | 
              
                | 301 | (a)  Any person licensed under this chapter who practices | 
              
                | 302 | medicine exclusively as an officer, employee, or agent of the | 
              
                | 303 | Federal Government or of the state or its agencies or its | 
              
                | 304 | subdivisions. For the purposes of this subsection, an agent of | 
              
                | 305 | the state, its agencies, or its subdivisions is a person who is | 
              
                | 306 | eligible for coverage under any self-insurance or insurance | 
              
                | 307 | program authorized by the provisions of s. 768.28(15). | 
              
                | 308 | (b)  Any person whose license has become inactive under | 
              
                | 309 | this chapter and who is not practicing medicine in this state. | 
              
                | 310 | Any person applying for reactivation of a license must show | 
              
                | 311 | either that such licensee maintained tail insurance coverage | 
              
                | 312 | which provided liability coverage for incidents that occurred on | 
              
                | 313 | or after January 1, 1987, or the initial date of licensure in | 
              
                | 314 | this state, whichever is later, and incidents that occurred | 
              
                | 315 | before the date on which the license became inactive; or such | 
              
                | 316 | licensee must submit an affidavit stating that such licensee has | 
              
                | 317 | no unsatisfied medical malpractice judgments or settlements at | 
              
                | 318 | the time of application for reactivation. | 
              
                | 319 | (c)  Any person holding a limited license pursuant to s. | 
              
                | 320 | 459.0075 and practicing under the scope of such limited license. | 
              
                | 321 | (d)  Any person licensed or certified under this chapter | 
              
                | 322 | who practices only in conjunction with his or her teaching | 
              
                | 323 | duties at a college of osteopathic medicine. Such person may | 
              
                | 324 | engage in the practice of osteopathic medicine to the extent | 
              
                | 325 | that such practice is incidental to and a necessary part of | 
              
                | 326 | duties in connection with the teaching position in the college | 
              
                | 327 | of osteopathic medicine. | 
              
                | 328 | (e)  Any person holding an active license under this | 
              
                | 329 | chapter who is not practicing osteopathic medicine in this | 
              
                | 330 | state. If such person initiates or resumes any practice of | 
              
                | 331 | osteopathic medicine in this state, he or she must notify the | 
              
                | 332 | department of such activity. | 
              
                | 333 | (f)  Any person holding an active license under this  | 
              
                | 334 | chapter who meets all of the following criteria:
 | 
              
                | 335 | 1.  The licensee has held an active license to practice in  | 
              
                | 336 | this state or another state or some combination thereof for more  | 
              
                | 337 | than 15 years.
 | 
              
                | 338 | 2.  The licensee has either retired from the practice of  | 
              
                | 339 | osteopathic medicine or maintains a part-time practice of  | 
              
                | 340 | osteopathic medicine of no more than 1,000 patient contact hours  | 
              
                | 341 | per year.
 | 
              
                | 342 | 3.  The licensee has had no more than two claims for  | 
              
                | 343 | medical malpractice resulting in an indemnity exceeding $25,000  | 
              
                | 344 | within the previous 5-year period.
 | 
              
                | 345 | 4.  The licensee has not been convicted of, or pled guilty  | 
              
                | 346 | or nolo contendere to, any criminal violation specified in this  | 
              
                | 347 | chapter or the practice act of any other state.
 | 
              
                | 348 | 5.  The licensee has not been subject within the last 10  | 
              
                | 349 | years of practice to license revocation or suspension for any  | 
              
                | 350 | period of time, probation for a period of 3 years or longer, or  | 
              
                | 351 | a fine of $500 or more for a violation of this chapter or the  | 
              
                | 352 | medical practice act of another jurisdiction. The regulatory  | 
              
                | 353 | agency's acceptance of an osteopathic physician's relinquishment  | 
              
                | 354 | of a license, stipulation, consent order, or other settlement,  | 
              
                | 355 | offered in response to or in anticipation of the filing of  | 
              
                | 356 | administrative charges against the osteopathic physician's  | 
              
                | 357 | license, shall be construed as action against the physician's  | 
              
                | 358 | license for the purposes of this paragraph.
 | 
              
                | 359 | 6.  The licensee has submitted a form supplying necessary  | 
              
                | 360 | information as required by the department and an affidavit  | 
              
                | 361 | affirming compliance with the provisions of this paragraph.
 | 
              
                | 362 | 7.  The licensee shall submit biennially to the department  | 
              
                | 363 | a certification stating compliance with the provisions of this  | 
              
                | 364 | paragraph. The licensee shall, upon request, demonstrate to the  | 
              
                | 365 | department information verifying compliance with this paragraph.
 | 
              
                | 366 |  | 
              
                | 367 | A licensee who meets the requirements of this paragraph shall be  | 
              
                | 368 | required either to post notice in the form of a sign prominently  | 
              
                | 369 | displayed in the reception area and clearly noticeable by all  | 
              
                | 370 | patients or to provide a written statement to any person to whom  | 
              
                | 371 | medical services are being provided. Such sign or statement  | 
              
                | 372 | shall state that: Under Florida law, osteopathic physicians are  | 
              
                | 373 | generally required to carry medical malpractice insurance or  | 
              
                | 374 | otherwise demonstrate financial responsibility to cover  | 
              
                | 375 | potential claims for medical malpractice. However, certain part- | 
              
                | 376 | time osteopathic physicians who meet state requirements are  | 
              
                | 377 | exempt from the financial responsibility law. YOUR OSTEOPATHIC  | 
              
                | 378 | PHYSICIAN MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO CARRY  | 
              
                | 379 | MEDICAL MALPRACTICE INSURANCE. This notice is provided pursuant  | 
              
                | 380 | to Florida law.
 | 
              
                | 381 | (g)  Any person holding an active license under this  | 
              
                | 382 | chapter who agrees to meet all of the following criteria:
 | 
              
                | 383 | 1.  Upon the entry of an adverse final judgment arising  | 
              
                | 384 | from a medical malpractice arbitration award, from a claim of  | 
              
                | 385 | medical malpractice either in contract or tort, or from  | 
              
                | 386 | noncompliance with the terms of a settlement agreement arising  | 
              
                | 387 | from a claim of medical malpractice either in contract or tort,  | 
              
                | 388 | the licensee shall pay the judgment creditor the lesser of the  | 
              
                | 389 | entire amount of the judgment with all accrued interest or  | 
              
                | 390 | either $100,000, if the osteopathic physician is licensed  | 
              
                | 391 | pursuant to this chapter but does not maintain hospital staff  | 
              
                | 392 | privileges, or $250,000, if the osteopathic physician is  | 
              
                | 393 | licensed pursuant to this chapter and maintains hospital staff  | 
              
                | 394 | privileges, within 60 days after the date such judgment became  | 
              
                | 395 | final and subject to execution, unless otherwise mutually agreed  | 
              
                | 396 | to in writing by the parties. Such adverse final judgment shall  | 
              
                | 397 | include any cross-claim, counterclaim, or claim for indemnity or  | 
              
                | 398 | contribution arising from the claim of medical malpractice. Upon  | 
              
                | 399 | notification of the existence of an unsatisfied judgment or  | 
              
                | 400 | payment pursuant to this subparagraph, the department shall  | 
              
                | 401 | notify the licensee by certified mail that he or she shall be  | 
              
                | 402 | subject to disciplinary action unless, within 30 days from the  | 
              
                | 403 | date of mailing, the licensee either:
 | 
              
                | 404 | a.  Shows proof that the unsatisfied judgment has been paid  | 
              
                | 405 | in the amount specified in this subparagraph; or
 | 
              
                | 406 | b.  Furnishes the department with a copy of a timely filed  | 
              
                | 407 | notice of appeal and either:
 | 
              
                | 408 | (I)  A copy of a supersedeas bond properly posted in the  | 
              
                | 409 | amount required by law; or
 | 
              
                | 410 | (II)  An order from a court of competent jurisdiction  | 
              
                | 411 | staying execution on the final judgment, pending disposition of  | 
              
                | 412 | the appeal.
 | 
              
                | 413 | 2.  The Department of Health shall issue an emergency order  | 
              
                | 414 | suspending the license of any licensee who, after 30 days  | 
              
                | 415 | following receipt of a notice from the Department of Health, has  | 
              
                | 416 | failed to: satisfy a medical malpractice claim against him or  | 
              
                | 417 | her; furnish the Department of Health a copy of a timely filed  | 
              
                | 418 | notice of appeal; furnish the Department of Health a copy of a  | 
              
                | 419 | supersedeas bond properly posted in the amount required by law;  | 
              
                | 420 | or furnish the Department of Health an order from a court of  | 
              
                | 421 | competent jurisdiction staying execution on the final judgment  | 
              
                | 422 | pending disposition of the appeal.
 | 
              
                | 423 | 3.  Upon the next meeting of the probable cause panel of  | 
              
                | 424 | the board following 30 days after the date of mailing the notice  | 
              
                | 425 | of disciplinary action to the licensee, the panel shall make a  | 
              
                | 426 | determination of whether probable cause exists to take  | 
              
                | 427 | disciplinary action against the licensee pursuant to  | 
              
                | 428 | subparagraph 1.
 | 
              
                | 429 | 4.  If the board determines that the factual requirements  | 
              
                | 430 | of subparagraph 1. are met, it shall take disciplinary action as  | 
              
                | 431 | it deems appropriate against the licensee. Such disciplinary  | 
              
                | 432 | action shall include, at a minimum, probation of the license  | 
              
                | 433 | with the restriction that the licensee must make payments to the  | 
              
                | 434 | judgment creditor on a schedule determined by the board to be  | 
              
                | 435 | reasonable and within the financial capability of the  | 
              
                | 436 | osteopathic physician. Notwithstanding any other disciplinary  | 
              
                | 437 | penalty imposed, the disciplinary penalty may include suspension  | 
              
                | 438 | of the license for a period not to exceed 5 years. In the event  | 
              
                | 439 | that an agreement to satisfy a judgment has been met, the board  | 
              
                | 440 | shall remove any restriction on the license.
 | 
              
                | 441 | 5.  The licensee has completed a form supplying necessary  | 
              
                | 442 | information as required by the department.
 | 
              
                | 443 |  | 
              
                | 444 | A licensee who meets the requirements of this paragraph shall be  | 
              
                | 445 | required either to post notice in the form of a sign prominently  | 
              
                | 446 | displayed in the reception area and clearly noticeable by all  | 
              
                | 447 | patients or to provide a written statement to any person to whom  | 
              
                | 448 | medical services are being provided. Such sign or statement  | 
              
                | 449 | shall state: "Under Florida law, osteopathic physicians are  | 
              
                | 450 | generally required to carry medical malpractice insurance or  | 
              
                | 451 | otherwise demonstrate financial responsibility to cover  | 
              
                | 452 | potential claims for medical malpractice. YOUR OSTEOPATHIC  | 
              
                | 453 | PHYSICIAN HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE  | 
              
                | 454 | INSURANCE. This is permitted under Florida law subject to  | 
              
                | 455 | certain conditions. Florida law imposes strict penalties against  | 
              
                | 456 | noninsured osteopathic physicians who fail to satisfy adverse  | 
              
                | 457 | judgments arising from claims of medical malpractice. This  | 
              
                | 458 | notice is provided pursuant to Florida law."
 | 
              
                | 459 | Section 45.  Paragraph (b) of subsection (1) and paragraph | 
              
                | 460 | (b) of subsection (2) of section 459.0085, Florida Statutes, | 
              
                | 461 | read, and subsections (10) and (11) are added to said section to | 
              
                | 462 | read: | 
              
                | 463 | 459.0085  Financial responsibility.-- | 
              
                | 464 | (1)  As a condition of licensing and prior to the issuance | 
              
                | 465 | or renewal of an active license or reactivation of an inactive | 
              
                | 466 | license for the practice of osteopathic medicine, an applicant | 
              
                | 467 | shall by one of the following methods demonstrate to the | 
              
                | 468 | satisfaction of the board and the department financial | 
              
                | 469 | responsibility to pay claims and costs ancillary thereto arising | 
              
                | 470 | out of the rendering of, or the failure to render, medical care | 
              
                | 471 | or services: | 
              
                | 472 | (b)  Obtaining and maintaining professional liability | 
              
                | 473 | coverage in an amount not less than $100,000 per claim, with a | 
              
                | 474 | minimum annual aggregate of not less than $300,000, from an | 
              
                | 475 | authorized insurer as defined under s. 624.09, from a surplus | 
              
                | 476 | lines insurer as defined under s. 626.914(2), from a risk | 
              
                | 477 | retention group as defined under s. 627.942, from the Joint | 
              
                | 478 | Underwriting Association established under s. 627.351(4), or | 
              
                | 479 | through a plan of self-insurance as provided in s. 627.357. | 
              
                | 480 | (2)  As a continuing condition of hospital staff | 
              
                | 481 | privileges, osteopathic physicians with staff privileges shall | 
              
                | 482 | also be required to establish financial responsibility by one of | 
              
                | 483 | the following methods: | 
              
                | 484 | (b)  Obtaining and maintaining professional liability | 
              
                | 485 | coverage in an amount not less than $250,000 per claim, with a | 
              
                | 486 | minimum annual aggregate of not less than $750,000 from an | 
              
                | 487 | authorized insurer as defined under s. 624.09, from a surplus | 
              
                | 488 | lines insurer as defined under s. 626.914(2), from a risk | 
              
                | 489 | retention group as defined under s. 627.942, from the Joint | 
              
                | 490 | Underwriting Association established under s. 627.351(4), | 
              
                | 491 | through a plan of self-insurance as provided in s. 627.357, or | 
              
                | 492 | through a plan of self-insurance which meets the conditions | 
              
                | 493 | specified for satisfying financial responsibility in s. 766.110. | 
              
                | 494 |  | 
              
                | 495 | This subsection shall be inclusive of the coverage in subsection | 
              
                | 496 | (1). | 
              
                | 497 | (10)  After July 1, 2006, if an applicant elects to | 
              
                | 498 | purchase professional liability coverage under paragraph (1)(b) | 
              
                | 499 | or paragraph (2)(b) and an insurance product is available from a | 
              
                | 500 | private insurance provider at or below the rate charged for an | 
              
                | 501 | identical product on or before December 31, 2001, the applicant | 
              
                | 502 | must purchase that product. If no product is commercially | 
              
                | 503 | available or no product is available as described in this | 
              
                | 504 | subsection, and if an applicant elects to purchase professional | 
              
                | 505 | liability coverage under paragraph (1)(b) or paragraph (2)(b), | 
              
                | 506 | the applicant must purchase insurance from the Health Care | 
              
                | 507 | Professional Liability Insurance Facility as provided in s. | 
              
                | 508 | 627.3575. | 
              
                | 509 | (11)  Failure to comply with the provisions of this section | 
              
                | 510 | by January 1, 2007, shall result in the automatic suspension of | 
              
                | 511 | an active license or the automatic denial of an application for | 
              
                | 512 | a new license or renewal of an existing license until the | 
              
                | 513 | applicant complies with the requirements of subsections (1), | 
              
                | 514 | (2), and (3) or subsection (10). | 
              
                | 515 | Section 46.  If any provision of this act or the | 
              
                | 516 | application thereof to any person or circumstance is held | 
              
                | 517 | invalid, the invalidity does not affect other provisions or | 
              
                | 518 | applications of the act which can be given effect without the | 
              
                | 519 | invalid provision or application, and to this end the provisions | 
              
                | 520 | of this act are declared severable. | 
              
                | 521 | Section 47.  This act shall apply to all actions filed | 
              
                | 522 | after the act becomes a law. | 
              
                | 523 | Section 48.  Except at otherwise provided herein, this act | 
              
                | 524 | shall take effect upon becoming a law. | 
              
                | 525 |  | 
              
                | 526 | ================= T I T L E  A M E N D M E N T ================= | 
              
                | 527 | Remove line(s) 103-104, and insert: | 
              
                | 528 | 400.4295, F.S.; correcting cross references; amending ss. | 
              
                | 529 | 458.320 and 459.0085, F.S.; deleting provisions exempting | 
              
                | 530 | certain physicians and osteopathic physicians from | 
              
                | 531 | carrying medical malpractice insurance; providing | 
              
                | 532 | requirements for purchasing professional liability | 
              
                | 533 | insurance; providing severability; providing | 
              
                | 534 | applicability; providing effective dates. |