SENATE AMENDMENT
    Bill No. CS for SB 2-D
    Amendment No. ___   Barcode 702218
                            CHAMBER ACTION
              Senate                               House
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       08/13/2003 11:33 AM         .                    
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11  Senator Campbell moved the following amendment:
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13         Senate Amendment 
14         On page 59, line 5, through
15            page 63, line 7, delete those lines
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17  and insert:  
18         7.  The licensee must shall submit biennially to the
19  department certification stating compliance with the
20  provisions of this paragraph. The licensee must shall, upon
21  request, demonstrate to the department information verifying
22  compliance with this paragraph.
23  
24  A licensee who meets the requirements of this paragraph must
25  shall be required either to post notice in the form of a sign
26  prominently displayed in the reception area and clearly
27  noticeable by all patients or provide a written statement to
28  any person to whom medical services are being provided. The
29  Such sign or statement must shall state that: Under Florida
30  law, physicians are generally required to carry medical
31  malpractice insurance or otherwise demonstrate financial
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    9:10 PM   08/12/03                             s0002Dc1b-32b03

SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 702218 1 responsibility to cover potential claims for medical 2 malpractice. However, certain part-time physicians who meet 3 state requirements are exempt from the financial 4 responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND 5 HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This 6 notice is provided pursuant to Florida law. 7 (g) Any person holding an active license under this 8 chapter who agrees to meet all of the following criteria: 9 (6)(a)1. Upon the entry of an adverse final judgment 10 arising from a medical malpractice arbitration award, from a 11 claim of medical malpractice either in contract or tort, or 12 from noncompliance with the terms of a settlement agreement 13 arising from a claim of medical malpractice either in contract 14 or tort, the licensee shall pay the judgment creditor the 15 lesser of the entire amount of the judgment with all accrued 16 interest or either $100,000, if the physician is licensed 17 pursuant to this chapter but does not maintain hospital staff 18 privileges, or $250,000, if the physician is licensed pursuant 19 to this chapter and maintains hospital staff privileges, 20 within 60 days after the date such judgment became final and 21 subject to execution, unless otherwise mutually agreed to in 22 writing by the parties. Such adverse final judgment shall 23 include any cross-claim, counterclaim, or claim for indemnity 24 or contribution arising from the claim of medical malpractice. 25 Upon notification of the existence of an unsatisfied judgment 26 or payment pursuant to this subparagraph, the department shall 27 notify the licensee by certified mail that he or she shall be 28 subject to disciplinary action unless, within 30 days from the 29 date of mailing, he or she either: 30 1.a. Shows proof that the unsatisfied judgment has 31 been paid in the amount specified in this subparagraph; or 2 9:10 PM 08/12/03 s0002Dc1b-32b03
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 702218 1 2.b. Furnishes the department with a copy of a timely 2 filed notice of appeal and either: 3 a.(I) A copy of a supersedeas bond properly posted in 4 the amount required by law; or 5 b.(II) An order from a court of competent jurisdiction 6 staying execution on the final judgment pending disposition of 7 the appeal. 8 (b)2. The Department of Health shall issue an 9 emergency order suspending the license of any licensee who, 10 after 30 days following receipt of a notice from the 11 Department of Health, has failed to: satisfy a medical 12 malpractice claim against him or her; furnish the Department 13 of Health a copy of a timely filed notice of appeal; furnish 14 the Department of Health a copy of a supersedeas bond properly 15 posted in the amount required by law; or furnish the 16 Department of Health an order from a court of competent 17 jurisdiction staying execution on the final judgment pending 18 disposition of the appeal. 19 (c)3. Upon the next meeting of the probable cause 20 panel of the board following 30 days after the date of mailing 21 the notice of disciplinary action to the licensee, the panel 22 shall make a determination of whether probable cause exists to 23 take disciplinary action against the licensee pursuant to 24 paragraph (a) subparagraph 1. 25 (d)4. If the board determines that the factual 26 requirements of paragraph (a) subparagraph 1. are met, it 27 shall take disciplinary action as it deems appropriate against 28 the licensee. Such disciplinary action shall include, at a 29 minimum, probation of the license with the restriction that 30 the licensee must make payments to the judgment creditor on a 31 schedule determined by the board to be reasonable and within 3 9:10 PM 08/12/03 s0002Dc1b-32b03
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 702218 1 the financial capability of the physician. Notwithstanding any 2 other disciplinary penalty imposed, the disciplinary penalty 3 may include suspension of the license for a period not to 4 exceed 5 years. In the event that an agreement to satisfy a 5 judgment has been met, the board shall remove any restriction 6 on the license. 7 (e)5. The licensee has completed a form supplying 8 necessary information as required by the department. 9 10 A licensee who meets the requirements of this paragraph shall 11 be required either to post notice in the form of a sign 12 prominently displayed in the reception area and clearly 13 noticeable by all patients or to provide a written statement 14 to any person to whom medical services are being provided. 15 Such sign or statement shall state: "Under Florida law, 16 physicians are generally required to carry medical malpractice 17 insurance or otherwise demonstrate financial responsibility to 18 cover potential claims for medical malpractice. YOUR DOCTOR 19 HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This 20 is permitted under Florida law subject to certain conditions. 21 Florida law imposes penalties against noninsured physicians 22 who fail to satisfy adverse judgments arising from claims of 23 medical malpractice. This notice is provided pursuant to 24 Florida law." 25 (7)(6) Any deceptive, untrue, or fraudulent 26 representation by the licensee with respect to any provision 27 of this section shall result in permanent disqualification 28 from any exemption to mandated financial responsibility as 29 provided in this section and shall constitute grounds for 30 disciplinary action under s. 458.331. 31 (8)(7) Any licensee who relies on any exemption from 4 9:10 PM 08/12/03 s0002Dc1b-32b03
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 702218 1 the financial responsibility requirement shall notify the 2 department, in writing, of any change of circumstance 3 regarding his or her qualifications for such exemption and 4 shall demonstrate that he or she is in compliance with the 5 requirements of this section. 6 (9) Notwithstanding any other provision of this 7 section, the department shall suspend the license of any 8 physician against whom has been entered a final judgment, 9 arbitration award, or other order or who has entered into a 10 settlement agreement to pay damages arising out of a claim for 11 medical malpractice, if all appellate remedies have been 12 exhausted and payment up to the amounts required by this 13 section has not been made within 30 days after the entering of 14 such judgment, award, or order or agreement, until proof of 15 payment is received by the department or a payment schedule 16 has been agreed upon by the physician and the claimant and 17 presented to the department. This subsection does not apply to 18 a physician who has met the financial responsibility 19 requirements in paragraphs (1)(b) and (2)(b). 20 (10)(8) The board shall adopt rules to implement the 21 provisions of this section. 22 23 24 25 26 27 28 29 30 31 5 9:10 PM 08/12/03 s0002Dc1b-32b03