| 1 | Representative Kriseman offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (542017) |
| 4 | Remove lines 748-760 and insert: |
| 5 | treatment was rendered with reckless disregard as a reasonably |
| 6 | prudent person similarly licensed to practice medicine would |
| 7 | have acted under the same or similar circumstances. |
| 8 | (3) A practitioner licensed under chapter 458, chapter |
| 9 | 459, chapter 460, or s. 464.012 who gratuitously and in good |
| 10 | faith conducts an evaluation pursuant to s. 1006.20(2)(c) is not |
| 11 | liable for any civil damages arising from that evaluation unless |
| 12 | the evaluation was conducted with reckless disregard. |
| 13 | (4) For purposes of this section, the term "reckless |
| 14 | disregard" as it applies to a given health care provider |
| 15 | rendering services subject to this section is conduct that a |
| 16 | health care provider knew or should have known, at the time such |
| 17 | services were rendered, that created an unreasonable risk of |
| 18 | injury so as to affect the life or health of another, and such |
| 19 | risk was substantially greater than that which is necessary to |
| 20 | make the conduct negligent. |
| 21 | (5) The immunity provided by this section does not apply |
| 22 | to damages as a result of any act or omission of providing |
| 23 | medical care or treatment unrelated to the original cause that |
| 24 | demanded immediate medical attention. |
| 25 |
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