CS/SB 2-D: Medical Incidents
GENERAL BILL by Health, Aging, and Long-Term Care ; Jones ; (CO-INTRODUCERS) King ; Clary ; Diaz de la Portilla ; Lawson ; Lee ; Peaden ; Pruitt ; Saunders ; Sebesta ; Smith
Medical Incidents; deletes requirement that persons act in good faith to avoid liability or discipline for their actions re awarding of staff membership or clinical privileges; limits noneconomic damages in medical negligence actions; provides limitation on amount of damages which may be awarded to certain third parties in actions alleging bad faith by medical malpractice insurer, etc. Amends FS. APPROPRIATION: $4,617,780.
Effective Date: 09/15/2003 except as otherwise provided
Last Action: 8/14/2003 - Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2003-416
Bill Text: Web Page | PDF
Last Action: 8/14/2003 - Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2003-416
Bill Text: Web Page | PDF
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Bill History
Date Chamber Action 8/12/2003 Senate • Filed; Introduced, referred to Health, Aging, and Long-Term Care -SJ 00002; On Committee agenda-- Health, Aging, and Long-Term Care, 08/12/03, 2:30 pm, 412-K; CS by- Health, Aging, and Long-Term Care; YEAS 9 NAYS 0 -SJ 00025; CS read first time on 08/13/03 -SJ 00026; Placed on Calendar, on second reading -SJ 00025
8/13/2003 Senate • Placed on Special Order Calendar -SJ 00025; Read second time -SJ 00018; Amendment(s) failed -SJ 00020; Amendment(s) adopted -SJ 00022; Read third time -SJ 00024; CS passed as amended; YEAS 32 NAYS 4 -SJ 00024
8/13/2003 House • In Messages; Received -HJ 00016; Read second and third times -HJ 00018; CS passed; YEAS 87 NAYS 26 -HJ 00018
8/13/2003 Senate • Ordered enrolled -SJ 00028
8/14/2003 • Signed by Officers and presented to Governor; Approved by Governor; Chapter No. 2003-416
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CS/SB 2-D, Enrolled (Current Bill Version) Posted 8/13/2003 at 4:46 PM
Bill Text: Web Page | PDF Analyses: None Related Bills (1)
Bill Number Subject Filed By Relationship Last Action and Location H 1D Medical Incidents Goodlette Similar Last Action: 8/13/2003 H Read second time -HJ 00011; Amendment(s) failed -HJ 00013; Amendment(s) adopted -HJ 00014; Read third time -HJ 00015; Temporarily postponed on third reading; On Unfinished Business -HJ 00016; Died on Calendar, Link/Iden/Sim/Compare passed, refer to CS/SB 2-D (Ch. 2003-416)
Location:Citations - Statutes (67)
Citation Catchline Location in Bill Location In Bill Help 391.025 Applicability and scope. 391.029 Program eligibility. 395.0056 395.0191 Staff membership and clinical privileges. 395.0197 Internal risk management program. 395.0198 Notification of adverse incident; public records exemption. 395.1012 395.1051 456.013 Department; general licensing provisions. 456.025 Fees; receipts; disposition. 456.039 Designated health care professionals; information required for licensure. 456.041 Practitioner profile; creation. 456.042 Practitioner profiles; update. 456.049 Health care practitioners; reports on professional liability claims and actions. 456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide. 456.057 Ownership and control of patient records; report or copies of records to be furnished. 456.0575 456.072 Grounds for discipline; penalties; enforcement. 456.073 Disciplinary proceedings. 456.077 Authority to issue citations. 456.078 Mediation. 458.320 Financial responsibility. 458.331 Grounds for disciplinary action; action by the board and department. 458.3311 459.0085 Financial responsibility. 459.015 Grounds for disciplinary action; action by the board and department. 459.0151 461.013 Grounds for disciplinary action; action by the board; investigations by department. 461.0131 466.028 Grounds for disciplinary action; action by the board. 624.462 Commercial self-insurance funds. 627.062 Rate standards. 627.357 Medical malpractice self-insurance. 627.4147 Medical malpractice insurance contracts. 627.41495 627.912 Professional liability claims and actions; reports by insurers. 641.19 Definitions. 641.51 Quality assurance program; second medical opinion requirement. 766.102 Medical negligence; standards of recovery. 766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. 766.108 Mandatory settlement conference in medical malpractice actions. 766.1115 Health care providers; creation of agency relationship with governmental contractors. 766.112 Comparative fault. 766.113 Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance. 766.118 766.1185 766.201 Legislative findings and intent. 766.202 Definitions; ss. 766.201-766.212. 766.2021 766.203 Presuit investigation of medical negligence claims and defenses by prospective parties. 766.206 Presuit investigation of medical negligence claims and defenses by court. 766.207 Voluntary binding arbitration of medical negligence claims. 766.209 Effects of failure to offer or accept voluntary binding arbitration. 766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy. 766.304 Administrative law judge to determine claims. 766.305 Filing of claims and responses; medical disciplinary review. 766.309 Determination of claims; presumption; findings of administrative law judge binding on participants. 766.31 Administrative law judge awards for birth-related neurological injuries; notice of award. 766.314 Assessments; plan of operation. 768.0981 768.13 Good Samaritan Act; immunity from civil liability. 768.21 Damages. 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. 768.77 Itemized verdict. 1004.08 1005.07 1006.20 Athletics in public K-12 schools. -
CS/SB 2-D, Engrossed 1 Posted 8/13/2003 at 1:49 PM
Bill Text: Web Page | PDF Analyses: None Floor Votes (2)
Date Chamber Result 8/13/2003 4:06 PM Senate 32 Yeas - 4 Nays 8/13/2003 4:32 PM House 87 Yeas - 26 Nays Citations - Statutes (67)
Citation Catchline Location in Bill Location In Bill Help 391.025 Applicability and scope. 391.029 Program eligibility. 395.0056 395.0191 Staff membership and clinical privileges. 395.0197 Internal risk management program. 395.0198 Notification of adverse incident; public records exemption. 395.1012 395.1051 456.013 Department; general licensing provisions. 456.025 Fees; receipts; disposition. 456.039 Designated health care professionals; information required for licensure. 456.041 Practitioner profile; creation. 456.042 Practitioner profiles; update. 456.049 Health care practitioners; reports on professional liability claims and actions. 456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide. 456.057 Ownership and control of patient records; report or copies of records to be furnished. 456.0575 456.072 Grounds for discipline; penalties; enforcement. 456.073 Disciplinary proceedings. 456.077 Authority to issue citations. 456.078 Mediation. 458.320 Financial responsibility. 458.331 Grounds for disciplinary action; action by the board and department. 458.3311 459.0085 Financial responsibility. 459.015 Grounds for disciplinary action; action by the board and department. 459.0151 461.013 Grounds for disciplinary action; action by the board; investigations by department. 461.0131 466.028 Grounds for disciplinary action; action by the board. 624.462 Commercial self-insurance funds. 627.062 Rate standards. 627.357 Medical malpractice self-insurance. 627.4147 Medical malpractice insurance contracts. 627.41495 627.912 Professional liability claims and actions; reports by insurers. 641.19 Definitions. 641.51 Quality assurance program; second medical opinion requirement. 766.102 Medical negligence; standards of recovery. 766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. 766.108 Mandatory settlement conference in medical malpractice actions. 766.1115 Health care providers; creation of agency relationship with governmental contractors. 766.112 Comparative fault. 766.113 Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance. 766.118 766.1185 766.201 Legislative findings and intent. 766.202 Definitions; ss. 766.201-766.212. 766.2021 766.203 Presuit investigation of medical negligence claims and defenses by prospective parties. 766.206 Presuit investigation of medical negligence claims and defenses by court. 766.207 Voluntary binding arbitration of medical negligence claims. 766.209 Effects of failure to offer or accept voluntary binding arbitration. 766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy. 766.304 Administrative law judge to determine claims. 766.305 Filing of claims and responses; medical disciplinary review. 766.309 Determination of claims; presumption; findings of administrative law judge binding on participants. 766.31 Administrative law judge awards for birth-related neurological injuries; notice of award. 766.314 Assessments; plan of operation. 768.0981 768.13 Good Samaritan Act; immunity from civil liability. 768.21 Damages. 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. 768.77 Itemized verdict. 1004.08 1005.07 1006.20 Athletics in public K-12 schools. -
CS/SB 2-D, Committee Substitute 1 Posted 8/12/2003 at 6:52 PM
Bill Text: Web Page | PDF Analyses: Health, Aging, and Long-Term Care (Post-Meeting) 8/12/2003 (pdf)
Floor Amendments (15)
Amendment Sponsor Filed Last Floor Action Format 705662 - Amendment
Argenziano 8/12/2003
6:25 PMWeb Page
PDF661810 - Amendment
Klein 8/12/2003
7:04 PMWeb Page
PDF854474 - Amendment
Campbell 8/12/2003
7:21 PMWeb Page
PDF531896 - Amendment
Campbell 8/12/2003
7:24 PMWeb Page
PDF124652 - Amendment
Campbell 8/12/2003
7:26 PMWeb Page
PDF632718 - Amendment
Campbell 8/12/2003
7:26 PMWeb Page
PDF052980 - Amendment
Campbell 8/12/2003
7:27 PMWeb Page
PDF702218 - Amendment
Campbell 8/13/2003
8:10 AMWeb Page
PDF182700 - Amendment
Campbell 8/13/2003
8:10 AMWeb Page
PDF933836 - Amendment
Campbell 8/13/2003
8:10 AMWeb Page
PDF474972 - Amendment
Klein 8/13/2003
8:10 AMWeb Page
PDF983282 - Amendment
Posey 8/13/2003
8:19 AMWeb Page
PDF120088 - Amendment
Klein 8/13/2003
8:44 AMWeb Page
PDF114390 - Amendment
Smith 8/13/2003
8:58 AMWeb Page
PDF725240 - Amendment
Smith 8/13/2003
8:58 AMWeb Page
PDFCommittee Votes (1)
Date Committee Result 8/12/2003 2:30 PM Health, Aging, and Long-Term Care 9 Yeas - 0 Nays Floor Votes (2)
Date Chamber Result 8/13/2003 11:05 AM Senate - Amendment 474972 8 Yeas - 27 Nays 8/13/2003 11:31 AM Senate - Amendment 120088 7 Yeas - 24 Nays Citations - Statutes (67)
Citation Catchline Location in Bill Location In Bill Help 391.025 Applicability and scope. 391.029 Program eligibility. 395.0056 395.0191 Staff membership and clinical privileges. 395.0197 Internal risk management program. 395.0198 Notification of adverse incident; public records exemption. 395.1012 395.1051 456.013 Department; general licensing provisions. 456.025 Fees; receipts; disposition. 456.039 Designated health care professionals; information required for licensure. 456.041 Practitioner profile; creation. 456.042 Practitioner profiles; update. 456.049 Health care practitioners; reports on professional liability claims and actions. 456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide. 456.057 Ownership and control of patient records; report or copies of records to be furnished. 456.0575 456.072 Grounds for discipline; penalties; enforcement. 456.073 Disciplinary proceedings. 456.077 Authority to issue citations. 456.078 Mediation. 458.320 Financial responsibility. 458.331 Grounds for disciplinary action; action by the board and department. 458.3311 459.0085 Financial responsibility. 459.015 Grounds for disciplinary action; action by the board and department. 459.0151 461.013 Grounds for disciplinary action; action by the board; investigations by department. 461.0131 466.028 Grounds for disciplinary action; action by the board. 624.462 Commercial self-insurance funds. 627.062 Rate standards. 627.357 Medical malpractice self-insurance. 627.4147 Medical malpractice insurance contracts. 627.41495 627.912 Professional liability claims and actions; reports by insurers. 641.19 Definitions. 641.51 Quality assurance program; second medical opinion requirement. 766.102 Medical negligence; standards of recovery. 766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. 766.108 Mandatory settlement conference in medical malpractice actions. 766.1115 Health care providers; creation of agency relationship with governmental contractors. 766.112 Comparative fault. 766.113 Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance. 766.118 766.1185 766.201 Legislative findings and intent. 766.202 Definitions; ss. 766.201-766.212. 766.2021 766.203 Presuit investigation of medical negligence claims and defenses by prospective parties. 766.206 Presuit investigation of medical negligence claims and defenses by court. 766.207 Voluntary binding arbitration of medical negligence claims. 766.209 Effects of failure to offer or accept voluntary binding arbitration. 766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy. 766.304 Administrative law judge to determine claims. 766.305 Filing of claims and responses; medical disciplinary review. 766.309 Determination of claims; presumption; findings of administrative law judge binding on participants. 766.31 Administrative law judge awards for birth-related neurological injuries; notice of award. 766.314 Assessments; plan of operation. 768.0981 768.13 Good Samaritan Act; immunity from civil liability. 768.21 Damages. 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. 768.77 Itemized verdict. 1004.08 1005.07 1006.20 Athletics in public K-12 schools. -
SB 2-D, Original Filed Version Posted 8/12/2003 at 10:13 AM
Bill Text: Web Page | PDF Analyses: None Citations - Statutes (67)
Citation Catchline Location in Bill Location In Bill Help 391.025 Applicability and scope. 391.029 Program eligibility. 395.0056 395.0191 Staff membership and clinical privileges. 395.0197 Internal risk management program. 395.0198 Notification of adverse incident; public records exemption. 395.1012 395.1051 456.013 Department; general licensing provisions. 456.025 Fees; receipts; disposition. 456.039 Designated health care professionals; information required for licensure. 456.041 Practitioner profile; creation. 456.042 Practitioner profiles; update. 456.049 Health care practitioners; reports on professional liability claims and actions. 456.051 Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide. 456.057 Ownership and control of patient records; report or copies of records to be furnished. 456.0575 456.072 Grounds for discipline; penalties; enforcement. 456.073 Disciplinary proceedings. 456.077 Authority to issue citations. 456.078 Mediation. 458.320 Financial responsibility. 458.331 Grounds for disciplinary action; action by the board and department. 458.3311 459.0085 Financial responsibility. 459.015 Grounds for disciplinary action; action by the board and department. 459.0151 461.013 Grounds for disciplinary action; action by the board; investigations by department. 461.0131 466.028 Grounds for disciplinary action; action by the board. 624.462 Commercial self-insurance funds. 627.062 Rate standards. 627.357 Medical malpractice self-insurance. 627.4147 Medical malpractice insurance contracts. 627.41495 627.912 Professional liability claims and actions; reports by insurers. 641.19 Definitions. 641.51 Quality assurance program; second medical opinion requirement. 766.102 Medical negligence; standards of recovery. 766.106 Notice before filing action for medical malpractice; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. 766.108 Mandatory settlement conference in medical malpractice actions. 766.1115 Health care providers; creation of agency relationship with governmental contractors. 766.112 Comparative fault. 766.113 Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance. 766.118 766.1185 766.201 Legislative findings and intent. 766.202 Definitions; ss. 766.201-766.212. 766.2021 766.203 Presuit investigation of medical negligence claims and defenses by prospective parties. 766.206 Presuit investigation of medical negligence claims and defenses by court. 766.207 Voluntary binding arbitration of medical negligence claims. 766.209 Effects of failure to offer or accept voluntary binding arbitration. 766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy. 766.304 Administrative law judge to determine claims. 766.305 Filing of claims and responses; medical disciplinary review. 766.309 Determination of claims; presumption; findings of administrative law judge binding on participants. 766.31 Administrative law judge awards for birth-related neurological injuries; notice of award. 766.314 Assessments; plan of operation. 768.0981 768.13 Good Samaritan Act; immunity from civil liability. 768.21 Damages. 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. 768.77 Itemized verdict. 1004.08 1005.07 1006.20 Athletics in public K-12 schools.