| HOUSE AMENDMENT |
| Bill No. HB 1713 |
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CHAMBER ACTION |
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Representative Galvano offered the following: |
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Amendment (with title amendment) |
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Remove line(s) 1381-1389, and insert: |
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Section 42. Effective July 1, 2006, subsections (4) and |
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(5) of section 458.320, Florida Statutes, are amended to read: |
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458.320 Financial responsibility.-- |
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(4)(a) Each insurer, self-insurer, risk retention group, |
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or Joint Underwriting Association shall promptly notify the |
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department of cancellation or nonrenewal of insurance required |
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by this section. Unless the physician demonstrates that he or |
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she is otherwise in compliance with the requirements of this |
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section, the department shall suspend the license of the |
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physician pursuant to ss. 120.569 and 120.57 and notify all |
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health care facilities licensed under chapter 395 of such |
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action. Any suspension under this subsection shall remain in |
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effect until the physician demonstrates compliance with the |
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requirements of this section, except that a license suspended |
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under paragraph (5)(g) shall not be reinstated until the |
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physician demonstrates compliance with the requirements of that |
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provision. |
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(b) If financial responsibility requirements are met by |
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maintaining an escrow account or letter of credit as provided in |
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this section, upon the entry of an adverse final judgment |
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arising from a medical malpractice arbitration award, from a |
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claim of medical malpractice either in contract or tort, or from |
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noncompliance with the terms of a settlement agreement arising |
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from a claim of medical malpractice either in contract or tort, |
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the licensee shall pay the entire amount of the judgment |
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together with all accrued interest, or the amount maintained in |
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the escrow account or provided in the letter of credit as |
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required by this section, whichever is less, within 60 days |
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after the date such judgment became final and subject to |
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execution, unless otherwise mutually agreed to in writing by the |
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parties. If timely payment is not made by the physician, the |
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department shall suspend the license of the physician pursuant |
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to procedures set forth in subparagraphs (5)(g)3., 4., and 5. |
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Nothing in this paragraph shall abrogate a judgment debtor's |
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obligation to satisfy the entire amount of any judgment. |
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(5) The requirements of subsections (1), (2), and (3) |
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shall not apply to: |
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(a) Any person licensed under this chapter who practices |
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medicine exclusively as an officer, employee, or agent of the |
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Federal Government or of the state or its agencies or its |
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subdivisions. For the purposes of this subsection, an agent of |
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the state, its agencies, or its subdivisions is a person who is |
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eligible for coverage under any self-insurance or insurance |
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program authorized by the provisions of s. 768.28(15). |
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(b) Any person whose license has become inactive under |
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this chapter and who is not practicing medicine in this state. |
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Any person applying for reactivation of a license must show |
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either that such licensee maintained tail insurance coverage |
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which provided liability coverage for incidents that occurred on |
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or after January 1, 1987, or the initial date of licensure in |
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this state, whichever is later, and incidents that occurred |
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before the date on which the license became inactive; or such |
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licensee must submit an affidavit stating that such licensee has |
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no unsatisfied medical malpractice judgments or settlements at |
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the time of application for reactivation. |
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(c) Any person holding a limited license pursuant to s. |
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458.317 and practicing under the scope of such limited license. |
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(d) Any person licensed or certified under this chapter |
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who practices only in conjunction with his or her teaching |
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duties at an accredited medical school or in its main teaching |
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hospitals. Such person may engage in the practice of medicine to |
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the extent that such practice is incidental to and a necessary |
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part of duties in connection with the teaching position in the |
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medical school. |
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(e) Any person holding an active license under this |
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chapter who is not practicing medicine in this state. If such |
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person initiates or resumes any practice of medicine in this |
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state, he or she must notify the department of such activity. |
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(f) Any person holding an active license under this |
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chapter who meets all of the following criteria:
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1. The licensee has held an active license to practice in |
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this state or another state or some combination thereof for more |
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than 15 years.
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2. The licensee has either retired from the practice of |
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medicine or maintains a part-time practice of no more than 1,000 |
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patient contact hours per year.
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3. The licensee has had no more than two claims for |
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medical malpractice resulting in an indemnity exceeding $25,000 |
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within the previous 5-year period.
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4. The licensee has not been convicted of, or pled guilty |
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or nolo contendere to, any criminal violation specified in this |
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chapter or the medical practice act of any other state.
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5. The licensee has not been subject within the last 10 |
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years of practice to license revocation or suspension for any |
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period of time; probation for a period of 3 years or longer; or |
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a fine of $500 or more for a violation of this chapter or the |
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medical practice act of another jurisdiction. The regulatory |
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agency's acceptance of a physician's relinquishment of a |
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license, stipulation, consent order, or other settlement, |
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offered in response to or in anticipation of the filing of |
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administrative charges against the physician's license, shall be |
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construed as action against the physician's license for the |
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purposes of this paragraph.
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6. The licensee has submitted a form supplying necessary |
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information as required by the department and an affidavit |
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affirming compliance with the provisions of this paragraph.
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7. The licensee shall submit biennially to the department |
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certification stating compliance with the provisions of this |
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paragraph. The licensee shall, upon request, demonstrate to the |
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department information verifying compliance with this paragraph.
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A licensee who meets the requirements of this paragraph shall be |
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required either to post notice in the form of a sign prominently |
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displayed in the reception area and clearly noticeable by all |
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patients or provide a written statement to any person to whom |
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medical services are being provided. Such sign or statement |
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shall state that: Under Florida law, physicians are generally |
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required to carry medical malpractice insurance or otherwise |
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demonstrate financial responsibility to cover potential claims |
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for medical malpractice. However, certain part-time physicians |
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who meet state requirements are exempt from the financial |
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responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS |
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DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice |
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is provided pursuant to Florida law.
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(g) Any person holding an active license under this |
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chapter who agrees to meet all of the following criteria:
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1. Upon the entry of an adverse final judgment arising |
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from a medical malpractice arbitration award, from a claim of |
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medical malpractice either in contract or tort, or from |
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noncompliance with the terms of a settlement agreement arising |
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from a claim of medical malpractice either in contract or tort, |
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the licensee shall pay the judgment creditor the lesser of the |
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entire amount of the judgment with all accrued interest or |
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either $100,000, if the physician is licensed pursuant to this |
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chapter but does not maintain hospital staff privileges, or |
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$250,000, if the physician is licensed pursuant to this chapter |
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and maintains hospital staff privileges, within 60 days after |
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the date such judgment became final and subject to execution, |
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unless otherwise mutually agreed to in writing by the parties. |
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Such adverse final judgment shall include any cross-claim, |
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counterclaim, or claim for indemnity or contribution arising |
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from the claim of medical malpractice. Upon notification of the |
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existence of an unsatisfied judgment or payment pursuant to this |
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subparagraph, the department shall notify the licensee by |
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certified mail that he or she shall be subject to disciplinary |
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action unless, within 30 days from the date of mailing, he or |
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she either:
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a. Shows proof that the unsatisfied judgment has been paid |
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in the amount specified in this subparagraph; or
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b. Furnishes the department with a copy of a timely filed |
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notice of appeal and either:
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(I) A copy of a supersedeas bond properly posted in the |
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amount required by law; or
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(II) An order from a court of competent jurisdiction |
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staying execution on the final judgment pending disposition of |
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the appeal.
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2. The Department of Health shall issue an emergency order |
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suspending the license of any licensee who, after 30 days |
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following receipt of a notice from the Department of Health, has |
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failed to: satisfy a medical malpractice claim against him or |
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her; furnish the Department of Health a copy of a timely filed |
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notice of appeal; furnish the Department of Health a copy of a |
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supersedeas bond properly posted in the amount required by law; |
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or furnish the Department of Health an order from a court of |
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competent jurisdiction staying execution on the final judgment |
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pending disposition of the appeal.
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3. Upon the next meeting of the probable cause panel of |
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the board following 30 days after the date of mailing the notice |
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of disciplinary action to the licensee, the panel shall make a |
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determination of whether probable cause exists to take |
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disciplinary action against the licensee pursuant to |
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subparagraph 1.
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4. If the board determines that the factual requirements |
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of subparagraph 1. are met, it shall take disciplinary action as |
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it deems appropriate against the licensee. Such disciplinary |
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action shall include, at a minimum, probation of the license |
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with the restriction that the licensee must make payments to the |
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judgment creditor on a schedule determined by the board to be |
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reasonable and within the financial capability of the physician. |
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Notwithstanding any other disciplinary penalty imposed, the |
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disciplinary penalty may include suspension of the license for a |
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period not to exceed 5 years. In the event that an agreement to |
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satisfy a judgment has been met, the board shall remove any |
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restriction on the license.
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5. The licensee has completed a form supplying necessary |
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information as required by the department.
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A licensee who meets the requirements of this paragraph shall be |
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required either to post notice in the form of a sign prominently |
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displayed in the reception area and clearly noticeable by all |
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patients or to provide a written statement to any person to whom |
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medical services are being provided. Such sign or statement |
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shall state: "Under Florida law, physicians are generally |
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required to carry medical malpractice insurance or otherwise |
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demonstrate financial responsibility to cover potential claims |
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for medical malpractice. YOUR DOCTOR HAS DECIDED NOT TO CARRY |
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MEDICAL MALPRACTICE INSURANCE. This is permitted under Florida |
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law subject to certain conditions. Florida law imposes penalties |
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against noninsured physicians who fail to satisfy adverse |
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judgments arising from claims of medical malpractice. This |
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notice is provided pursuant to Florida law."
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Section 43. Paragraph (b) of subsection (1) and paragraph |
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(b) of subsection (2) of section 458.320, Florida Statutes, |
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read, and subsections (9) and (10) are added to said section to |
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read: |
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458.320 Financial responsibility.-- |
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(1) As a condition of licensing and prior to the issuance |
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or renewal of an active license or reactivation of an inactive |
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license for the practice of medicine, an applicant shall by one |
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of the following methods demonstrate to the satisfaction of the |
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board and the department financial responsibility to pay claims |
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and costs ancillary thereto arising out of the rendering of, or |
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the failure to render, medical care or services: |
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(b) Obtaining and maintaining professional liability |
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coverage in an amount not less than $100,000 per claim, with a |
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minimum annual aggregate of not less than $300,000, from an |
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authorized insurer as defined under s. 624.09, from a surplus |
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lines insurer as defined under s. 626.914(2), from a risk |
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retention group as defined under s. 627.942, from the Joint |
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Underwriting Association established under s. 627.351(4), or |
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through a plan of self-insurance as provided in s. 627.357. |
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(2) As a continuing condition of hospital staff |
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privileges, physicians with staff privileges shall also be |
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required to establish financial responsibility by one of the |
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following methods: |
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(b) Obtaining and maintaining professional liability |
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coverage in an amount not less than $250,000 per claim, with a |
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minimum annual aggregate of not less than $750,000 from an |
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authorized insurer as defined under s. 624.09, from a surplus |
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lines insurer as defined under s. 626.914(2), from a risk |
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retention group as defined under s. 627.942, from the Joint |
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Underwriting Association established under s. 627.351(4), |
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through a plan of self-insurance as provided in s. 627.357, or |
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through a plan of self-insurance which meets the conditions |
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specified for satisfying financial responsibility in s. 766.110. |
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This subsection shall be inclusive of the coverage in subsection |
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(1). |
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(9) After July 1, 2006, if an applicant elects to purchase |
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professional liability coverage under paragraph (1)(b) or |
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paragraph (2)(b) and an insurance product is available from a |
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private insurance provider at or below the rate charged for an |
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identical product on or before December 31, 2001, the applicant |
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must purchase that product. If no product is commercially |
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available or no product is available as described in this |
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subsection, and if an applicant elects to purchase professional |
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liability coverage under paragraph (1)(b) or paragraph (2)(b), |
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the applicant must purchase insurance from the Health Care |
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Professional Liability Insurance Facility as provided in s. |
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627.3575.
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(10) Failure to comply with the provisions of this section |
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by January 1, 2007, shall result in the automatic suspension of |
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an active license or the automatic denial of an application for |
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a new license or renewal of an existing license until the |
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applicant complies with the requirements of subsections (1), |
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(2), and (3) or subsection (9).
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Section 44. Effective July 1, 2006, subsections (4) and |
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(5) of section 459.0085, Florida Statutes, are amended to read: |
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459.0085 Financial responsibility.-- |
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(4)(a) Each insurer, self-insurer, risk retention group, |
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or joint underwriting association shall promptly notify the |
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department of cancellation or nonrenewal of insurance required |
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by this section. Unless the osteopathic physician demonstrates |
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that he or she is otherwise in compliance with the requirements |
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of this section, the department shall suspend the license of the |
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osteopathic physician pursuant to ss. 120.569 and 120.57 and |
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notify all health care facilities licensed under chapter 395, |
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part IV of chapter 394, or part I of chapter 641 of such action. |
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Any suspension under this subsection shall remain in effect |
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until the osteopathic physician demonstrates compliance with the |
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requirements of this section except that a license suspended |
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under paragraph (5)(g) shall not be reinstated until the |
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osteopathic physician demonstrates compliance with the |
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requirements of that provision. |
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(b) If financial responsibility requirements are met by |
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maintaining an escrow account or letter of credit as provided in |
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this section, upon the entry of an adverse final judgment |
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arising from a medical malpractice arbitration award, from a |
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claim of medical malpractice either in contract or tort, or from |
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noncompliance with the terms of a settlement agreement arising |
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from a claim of medical malpractice either in contract or tort, |
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the licensee shall pay the entire amount of the judgment |
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together with all accrued interest or the amount maintained in |
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the escrow account or provided in the letter of credit as |
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required by this section, whichever is less, within 60 days |
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after the date such judgment became final and subject to |
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execution, unless otherwise mutually agreed to in writing by the |
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parties. If timely payment is not made by the osteopathic |
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physician, the department shall suspend the license of the |
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osteopathic physician pursuant to procedures set forth in |
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subparagraphs (5)(g)3., 4., and 5. Nothing in this paragraph |
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shall abrogate a judgment debtor's obligation to satisfy the |
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entire amount of any judgment. |
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(5) The requirements of subsections (1), (2), and (3) |
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shall not apply to: |
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(a) Any person licensed under this chapter who practices |
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medicine exclusively as an officer, employee, or agent of the |
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Federal Government or of the state or its agencies or its |
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subdivisions. For the purposes of this subsection, an agent of |
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the state, its agencies, or its subdivisions is a person who is |
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eligible for coverage under any self-insurance or insurance |
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program authorized by the provisions of s. 768.28(15). |
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(b) Any person whose license has become inactive under |
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this chapter and who is not practicing medicine in this state. |
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Any person applying for reactivation of a license must show |
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either that such licensee maintained tail insurance coverage |
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which provided liability coverage for incidents that occurred on |
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or after January 1, 1987, or the initial date of licensure in |
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this state, whichever is later, and incidents that occurred |
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before the date on which the license became inactive; or such |
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licensee must submit an affidavit stating that such licensee has |
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no unsatisfied medical malpractice judgments or settlements at |
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the time of application for reactivation. |
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(c) Any person holding a limited license pursuant to s. |
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459.0075 and practicing under the scope of such limited license. |
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(d) Any person licensed or certified under this chapter |
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who practices only in conjunction with his or her teaching |
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duties at a college of osteopathic medicine. Such person may |
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engage in the practice of osteopathic medicine to the extent |
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that such practice is incidental to and a necessary part of |
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duties in connection with the teaching position in the college |
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of osteopathic medicine. |
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(e) Any person holding an active license under this |
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chapter who is not practicing osteopathic medicine in this |
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state. If such person initiates or resumes any practice of |
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osteopathic medicine in this state, he or she must notify the |
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department of such activity. |
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(f) Any person holding an active license under this |
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chapter who meets all of the following criteria:
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1. The licensee has held an active license to practice in |
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this state or another state or some combination thereof for more |
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than 15 years.
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2. The licensee has either retired from the practice of |
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osteopathic medicine or maintains a part-time practice of |
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osteopathic medicine of no more than 1,000 patient contact hours |
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per year.
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3. The licensee has had no more than two claims for |
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medical malpractice resulting in an indemnity exceeding $25,000 |
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within the previous 5-year period.
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4. The licensee has not been convicted of, or pled guilty |
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or nolo contendere to, any criminal violation specified in this |
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chapter or the practice act of any other state.
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5. The licensee has not been subject within the last 10 |
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349
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years of practice to license revocation or suspension for any |
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350
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period of time, probation for a period of 3 years or longer, or |
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351
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a fine of $500 or more for a violation of this chapter or the |
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352
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medical practice act of another jurisdiction. The regulatory |
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353
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agency's acceptance of an osteopathic physician's relinquishment |
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354
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of a license, stipulation, consent order, or other settlement, |
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355
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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. |