Senate Bill sb1838
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Florida Senate - 2007 SB 1838
By Senator Jones
13-856A-07
1 A bill to be entitled
2 An act relating to health care professionals;
3 amending s. 458.307, F.S.; revising the number
4 of members of and the requirements for
5 membership on the Board of Medicine within the
6 Department of Health; revising the terms of
7 service on the board; amending s. 456.041,
8 F.S.; revising provisions that require the
9 department to report information regarding
10 certain liability actions against a health care
11 practitioner; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsections (1), (2), and (3) of section
16 458.307, Florida Statutes, are amended to read:
17 458.307 Board of Medicine.--
18 (1) There is created within the department the Board
19 of Medicine, composed of 15 members appointed by the Governor
20 and confirmed by the Senate.
21 (2) Ten Twelve members of the board must be licensed
22 physicians in good standing in this state who are residents of
23 the state and who have been engaged in the active practice or
24 teaching of medicine for at least 5 4 years immediately
25 preceding their appointment. One of the physicians must be on
26 the full-time faculty of a medical school in this state, and
27 one of the physicians must be in private practice and on the
28 full-time staff of a statutory teaching hospital in this state
29 as defined in s. 408.07. At least one of the physicians must
30 be a graduate of a foreign medical school. Four consumer The
31 remaining three members must be residents of the state who
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Florida Senate - 2007 SB 1838
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1 have lived in the state for at least 5 years immediately
2 preceding their appointments, have never been licensed as a
3 health care practitioner under chapter 456 or the applicable
4 practice act, and do not have a substantial personal,
5 business, professional, or pecuniary connection with a
6 licensed health care practitioner or with a medical education
7 facility or health care facility, except as patients or
8 potential patients are not, and never have been, licensed
9 health care practitioners. The final member One member must be
10 the chief operations officer of a hospital a health care risk
11 manager licensed under chapter 395 who has lived in the state
12 and held this position for at least 5 years immediately
13 preceding his or her appointment s. 395.10974. At least one
14 member of the board must be 60 years of age or older.
15 (3) Terms for current members of the board shall
16 expire on October 31, 2007. Initial appointments to the board
17 pursuant to this section shall take effect November 1, 2007.
18 Five of the initial physician appointments shall be for a term
19 of 2 years; five of the initial physician appointments shall
20 be for a term of 3 years; and the remaining initial
21 appointments shall be for a term of 4 years. As the terms of
22 the members expire subsequent to November 1, 2007, the
23 Governor shall appoint successors for terms of 4 years, and
24 such members shall serve until their successors are appointed.
25 Section 2. Subsection (4) of section 456.041, Florida
26 Statutes, is amended to read:
27 456.041 Practitioner profile; creation.--
28 (4) The Department of Health shall include, with
29 respect to a practitioner licensed under chapter 458 or
30 chapter 459, a statement of how the practitioner has elected
31 to comply with the financial responsibility requirements of s.
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Florida Senate - 2007 SB 1838
13-856A-07
1 458.320 or s. 459.0085. The department shall include, with
2 respect to practitioners subject to s. 456.048, a statement of
3 how the practitioner has elected to comply with the financial
4 responsibility requirements of that section. The department
5 shall include, with respect to practitioners licensed under
6 chapter 461, information relating to liability actions which
7 has been reported under s. 456.049 or s. 627.912 within the
8 previous 10 years for any paid claim that exceeds $5,000. The
9 department shall include, with respect to practitioners
10 licensed under chapter 458, or chapter 459, or chapter 461,
11 information relating to liability actions that which has been
12 reported under ss. 456.049 and 627.912 within the previous 10
13 years for any paid claim that exceeds 50,000 $100,000. Any
14 Such claims information shall be reported in the context of
15 comparing an individual practitioner's claims to the
16 experience of other practitioners within the same specialty,
17 or profession if the practitioner is not a specialist. The
18 department must provide a hyperlink in such practitioner's
19 profile to all such comparison reports. If information
20 relating to a liability action is included in a practitioner's
21 practitioner profile, the profile must also include the
22 following statement: "Settlement of a claim may occur for a
23 variety of reasons that do not necessarily reflect negatively
24 on the professional competence or conduct of the practitioner.
25 A payment in settlement of a medical malpractice action or
26 claim should not be construed as creating a presumption that
27 medical malpractice has occurred."
28 Section 3. This act shall take effect July 1, 2007.
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Florida Senate - 2007 SB 1838
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2 SENATE SUMMARY
3 Revises the membership requirements on the Board of
Medicine within the Department of Health. Revises the
4 terms of service on the board. Revises provisions that
require the department to report information regarding
5 certain liability actions against a health care
practitioner.
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