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A bill to be entitled

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An act relating to health care providers; amending s.

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768.13, F.S.; providing immunity from civil damages to

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health care providers providing emergency care or medical

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consultation services; providing an exception; providing

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for severability; providing for retroactive application;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (b) of subsection (2) of s. 768.13,

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Florida Statutes, is amended to read:

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     768.13  Good Samaritan Act; immunity from civil liability.--

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     (2)

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     (b)1.  Any health care provider, including a hospital

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licensed under chapter 395, providing emergency services pursuant

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to obligations imposed by 42 U.S.C. s. 1395dd, s. 395.1041, s.

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395.401, or s. 401.45 shall not be held liable for any civil

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damages as a result of such medical care or treatment unless such

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damages result from providing, or failing to provide, medical

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care or treatment under circumstances demonstrating a reckless

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disregard for the consequences so as to affect the life or health

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of another.

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     2. Any health care provider, including one who is not an

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employee of a hospital licensed under chapter 395, providing

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emergency care or medical consultation services to a patient who

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has an emergency medical condition shall not be held liable for

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any civil damages as a result of such medical care, treatment, or

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consultation unless such damages result from providing, or

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failing to provide, medical care or treatment under circumstances

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demonstrating a reckless disregard for the consequences so as to

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affect the life or health of another.

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     3.2. The immunity provided by this paragraph applies to

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damages as a result of any act or omission of providing medical

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care or treatment, including diagnosis:

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     a.  Which occurs prior to the time the patient is stabilized

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and is capable of receiving medical treatment as a nonemergency

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patient, unless surgery is required as a result of the emergency

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within a reasonable time after the patient is stabilized, in

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which case the immunity provided by this paragraph applies to any

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act or omission of providing medical care or treatment which

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occurs prior to the stabilization of the patient following the

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surgery.

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     b.  Which is related to the original medical emergency.

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     4.3. For purposes of this paragraph, "reckless disregard"

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as it applies to a given health care provider rendering emergency

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medical services shall be such conduct that a health care

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provider knew or should have known, at the time such services

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were rendered, created an unreasonable risk of injury so as to

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affect the life or health of another, and such risk was

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substantially greater than that which is necessary to make the

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conduct negligent.

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     5.4. Every emergency care facility granted immunity under

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this paragraph shall accept and treat all emergency care patients

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within the operational capacity of such facility without regard

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to ability to pay, including patients transferred from another

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emergency care facility or other health care provider pursuant to

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Pub. L. No. 99-272, s. 9121. The failure of an emergency care

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facility to comply with this subparagraph constitutes grounds for

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the department to initiate disciplinary action against the

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facility pursuant to chapter 395.

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     Section 2. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 3. It is the intent of the Legislature to apply the

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provisions of this act retroactively, unless such application is

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prohibited by law.

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     Section 4.  This act shall take effect October 1, 2008.