Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1216
                        Barcode 652884
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: UNFAV           .                    
       03/29/2006 08:48 PM         .                    
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11  The Committee on Health Care (Jones) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 7, lines 4-18, delete those lines
16  
17  and insert:  
18         Section 3.  Section 456.041, Florida Statutes, is
19  amended to read:
20         456.041  Practitioner profile; creation.--
21         (1)(a)  The Department of Health shall compile the
22  information submitted pursuant to s. 456.039 into a
23  practitioner profile of the applicant submitting the
24  information, except that the Department of Health shall
25  develop a format to compile uniformly any information
26  submitted under s. 456.039(4)(b). Beginning July 1, 2001, the
27  Department of Health may compile the information submitted
28  pursuant to s. 456.0391 into a practitioner profile of the
29  applicant submitting the information. The protocol submitted
30  pursuant to s. 464.012(3) must be included in the practitioner
31  profile of the applicant submitting the information to obtain
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    12:25 PM   03/29/06                             s1216.he13.01a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1216 Barcode 652884 1 certification as an advanced registered nurse practitioner. 2 (b) Beginning July 1, 2005, the department shall 3 verify the information submitted by the applicant under s. 4 456.039 concerning disciplinary history and medical 5 malpractice claims at the time of initial licensure and 6 license renewal using the National Practitioner Data Bank. The 7 physician profiles shall reflect the disciplinary action and 8 medical malpractice claims as reported by the National 9 Practitioner Data Bank, and shall include information relating 10 to liability and disciplinary actions obtained as a result of 11 a search of the National Practitioner Data Bank. 12 (c) Within 30 calendar days after receiving an update 13 of information required for the practitioner's profile, the 14 department shall update the practitioner's profile in 15 accordance with the requirements of subsection (7). 16 (2) On the profile published under subsection (1), the 17 department shall indicate if the information provided under s. 18 456.039(1)(a)7. or s. 456.0391(1)(a)7. is or is not 19 corroborated by a criminal history check conducted according 20 to this subsection. The department, or the board having 21 regulatory authority over the practitioner acting on behalf of 22 the department, shall investigate any information received by 23 the department or the board. 24 (3) The Department of Health shall include in each 25 practitioner's practitioner profile that criminal information 26 that directly relates to the practitioner's ability to 27 competently practice his or her profession. The department 28 must include in each practitioner's practitioner profile the 29 following statement: "The criminal history information, if any 30 exists, may be incomplete; federal criminal history 31 information is not available to the public." The department 2 12:25 PM 03/29/06 s1216.he13.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1216 Barcode 652884 1 shall provide in each practitioner profile, for every final 2 disciplinary action taken against the practitioner, an 3 easy-to-read narrative description that explains the 4 administrative complaint filed against the practitioner and 5 the final disciplinary action imposed on the practitioner. The 6 department shall include a hyperlink to each final order 7 listed in its website report of dispositions of recent 8 disciplinary actions taken against practitioners. 9 (4) The Department of Health shall include, with 10 respect to a practitioner licensed under chapter 458 or 11 chapter 459, a statement of how the practitioner has elected 12 to comply with the financial responsibility requirements of s. 13 458.320 or s. 459.0085. The department shall include, with 14 respect to practitioners subject to s. 456.048, a statement of 15 how the practitioner has elected to comply with the financial 16 responsibility requirements of that section. If the 17 practitioner has elected not to have financial responsibility 18 in the form of insurance, escrow account, or letter of credit, 19 the profile shall state in 14-point type: "This practitioner 20 does not have medical malpractice insurance. This means that 21 he or she may not have funds available to pay any claim you 22 might have as a result of medical malpractice." The department 23 shall include, with respect to practitioners licensed under 24 chapter 461, information relating to liability actions which 25 has been reported under s. 456.049 or s. 627.912 within the 26 previous 10 years for any paid claim that exceeds $5,000. The 27 department shall include, with respect to practitioners 28 licensed under chapter 458 or chapter 459, information 29 relating to liability actions which has been reported under 30 ss. 456.049 and 627.912 within the previous 10 years for any 31 paid claim that exceeds $50,000 $100,000. Such claims 3 12:25 PM 03/29/06 s1216.he13.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1216 Barcode 652884 1 information shall be reported in the context of comparing an 2 individual practitioner's claims to the experience of other 3 practitioners within the same specialty, or profession if the 4 practitioner is not a specialist. The department must provide 5 a hyperlink in such practitioner's profile to all such 6 comparison reports. If information relating to a liability 7 action is included in a practitioner's practitioner profile, 8 the profile must also include the following statement: 9 "Settlement of a claim may occur for a variety of reasons that 10 do not necessarily reflect negatively on the professional 11 competence or conduct of the practitioner. A payment in 12 settlement of a medical malpractice action or claim should not 13 be construed as creating a presumption that medical 14 malpractice has occurred." 15 (5) The Department of Health shall include the date of 16 a hospital or ambulatory surgical center disciplinary action 17 taken by a licensed hospital or an ambulatory surgical center, 18 in accordance with the requirements of s. 395.0193, in the 19 practitioner profile. The department shall state whether the 20 action related to professional competence and whether it 21 related to the delivery of services to a patient. 22 (6) Each profile must include the appropriate 23 information behind the following headings: general 24 information, education and training, academic appointments, 25 specialty certification, criminal offenses, disciplinary 26 actions, medical malpractice insurance, and optional 27 information. 28 (7) The department shall specifically provide in each 29 practitioner profile an easy-to-read explanation of whether 30 the practitioner has medical malpractice insurance, whether or 31 not the practitioner has relinquished a license or had a 4 12:25 PM 03/29/06 s1216.he13.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1216 Barcode 652884 1 license revoked in any state or jurisdiction, whether the 2 practitioner is retired, and whether the practitioner is 3 practicing in this state. 4 (8) The department shall include in each profile in an 5 easy-to-read format a statement of whether the practitioner 6 has filed for bankruptcy protection. 7 (9) Upon notification, the department shall indicate 8 on each practitioner profile the date of death of the 9 practitioner. 10 (10)(6) The Department of Health may include in the 11 practitioner's practitioner profile any other information that 12 is a public record of any governmental entity and that relates 13 to a practitioner's ability to competently practice his or her 14 profession. 15 (11)(7) Upon the completion of a practitioner profile 16 under this section, the Department of Health shall furnish the 17 practitioner who is the subject of the profile a copy of it 18 for review and verification. The practitioner has a period of 19 30 days in which to review and verify the contents of the 20 profile and to correct any factual inaccuracies in it. The 21 Department of Health shall make the profile available to the 22 public at the end of the 30-day period regardless of whether 23 the practitioner has provided verification of the profile 24 content. A practitioner shall be subject to a fine of up to 25 $100 per day for failure to verify the profile contents and to 26 correct any factual errors in his or her profile within the 27 30-day period. The department shall make the profiles 28 available to the public through the World Wide Web and other 29 commonly used means of distribution. The department must 30 include the following statement, in boldface type, in each 31 profile that has not been reviewed by the practitioner to 5 12:25 PM 03/29/06 s1216.he13.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1216 Barcode 652884 1 which it applies: "The practitioner has not verified the 2 information contained in this profile." Beginning July 1, 3 2006, and every 6 months thereafter, the department shall 4 perform a random audit of 5 percent of all practitioner 5 profiles in order to determine the accuracy of those profiles. 6 A practitioner whose profile is factually incorrect is subject 7 to a fine of $100 a day from the time the correct information 8 should have been reported until the factual inaccuracy is 9 discovered by the department, not to exceed $5,000. 10 (12)(8) The Department of Health must provide in each 11 profile an easy-to-read explanation of any disciplinary action 12 taken and the reason the sanction or sanctions were imposed. 13 (13)(9) The Department of Health may provide one link 14 in each profile to a practitioner's professional website if 15 the practitioner requests that such a link be included in his 16 or her profile. 17 (14)(10) Making a practitioner profile available to 18 the public under this section does not constitute agency 19 action for which a hearing under s. 120.57 may be sought. 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 On page 1, line 12, following the semicolon 25 26 insert: 27 requiring a practitioner profile of a physician 28 or osteopathic physician to contain additional 29 information with respect to financial 30 responsibility; requiring practitioner profiles 31 to contain certain information with respect to 6 12:25 PM 03/29/06 s1216.he13.01a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1216 Barcode 652884 1 medical malpractice insurance, license 2 relinquishment or revocation, whether the 3 practitioner is retired, whether the 4 practitioner is practicing in Florida, and 5 whether the practitioner has filed for 6 bankruptcy; requiring the date of 7 practitioner's death to be noted on the 8 profile; prescribing format for practitioner 9 profiles; requiring the department to randomly 10 audit profiles; prescribing fines for 11 practitioners whose profiles are factually 12 incorrect; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 12:25 PM 03/29/06 s1216.he13.01a