Senate Bill 1792 (2013) - The Florida Senate

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SB 1792: Medical Negligence Actions

GENERAL BILL by Judiciary

Medical Negligence Actions; Authorizing a health care practitioner or provider who reasonably expects to be deposed, to be called as a witness, or to receive discovery requests to consult with an attorney on certain matters; authorizing the disclosure of patient information in connection with litigation under certain circumstances; authorizing a medical liability insurer to recommend an attorney to a health care practitioner or provider under certain circumstances; providing that a prospective defendant may conduct an interview with a claimant’s treating health care provider as a tool of informal discovery, etc.

Effective Date: 7/1/2013
Last Action: 6/5/2013 - Chapter No. 2013-108
Bill Text: Web Page | PDF

Senate Committee References:

Rules (RC)

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Bill History

Date	Chamber	Action
3/20/2013	Senate	• SPB 7030 submitted as a committee bill (SB 1792) by Judiciary • Filed • Referred to Rules -SJ 242
3/25/2013	Senate	• Introduced -SJ 242
3/28/2013	Senate	• On Committee agenda-- Rules, 04/02/13, 8:00 am, 110 Senate Office Building
4/2/2013	Senate	• Favorable by- Rules; YEAS 12 NAYS 3 -SJ 278 • Placed on Calendar, on 2nd reading -SJ 278
4/4/2013	Senate	• Placed on Special Order Calendar, 04/10/13
4/10/2013	Senate	• Read 2nd time -SJ 396 • Amendment(s) adopted (188446, 683406, 688034) -SJ 396 • Amendment(s) failed (386448) -SJ 396 • Ordered engrossed -SJ 396 • Placed on 3rd reading
4/11/2013	Senate	• Read 3rd time -SJ 409 • Passed as amended; YEAS 27 NAYS 12 -SJ 409
4/16/2013	House	• In Messages
4/26/2013	House	• Referred to Calendar -HJ 921 • Placed on Special Order Calendar, 04/29/13 • Received -HJ 921
4/29/2013	House	• Temporarily postponed, on 2nd Reading -HJ 962 • Placed on Special Order Calendar, 04/30/13
4/30/2013	House	• Read 2nd time -HJ 1027 • Placed on 3rd reading
5/1/2013	House	• Read 3rd time -HJ 1048 • Passed; YEAS 77 NAYS 38 -HJ 1048
5/1/2013	Senate	• Ordered enrolled -SJ 986
5/28/2013		• Signed by Officers and presented to Governor
6/5/2013		• Approved by Governor • Chapter No. 2013-108

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SB 1792, Enrolled (Current Bill Version) Posted 5/6/2013 at 10:13 AM

Bill Text:	Web Page \| PDF

Analyses:	None

Related Bills (4)

Bill Number	Subject	Filed By	Relationship	Last Action and Location
H 827 (c2)	Medicine	Gaetz	Compare	Last Action: 5/3/2013 H Died on Calendar, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: On 2nd Reading Calendar
S 886	Medical Negligence Actions	Thrasher	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)
S 1308	Medical Negligence Actions	Lee	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)
S 1310	Medical Negligence Actions	Lee	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)

Citations - Statutes (5)

Citation	Catchline	Location in Bill Location In Bill Help
381.028	Adverse medical incidents.	Page 14 (pdf)
456.057	Ownership and control of patient records; report or copies of records to be furnished.	Page 2 (pdf)
766.102	Medical negligence; standards of recovery; expert witness.	Page 5 (pdf), Page 6 (pdf)
766.106	Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.	Page 7 (pdf)
766.1065	Authorization for release of protected health information.	Page 9 (pdf), Page 10 (pdf)

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SB 1792, Engrossed 1 Posted 4/10/2013 at 7:45 PM

Bill Text:	Web Page \| PDF

Analyses:	None

Related Bills (4)

Bill Number	Subject	Filed By	Relationship	Last Action and Location
H 827 (c2)	Medicine	Gaetz	Compare	Last Action: 5/3/2013 H Died on Calendar, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: On 2nd Reading Calendar
S 886	Medical Negligence Actions	Thrasher	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)
S 1308	Medical Negligence Actions	Lee	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)
S 1310	Medical Negligence Actions	Lee	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)

Floor Amendments (6)

Amendment	Sponsor	Filed	Last Floor Action	Format
383625 - Amendment Remove lines 230-357 and insert:	Grant	4/28/2013 11:26 PM	House: Withdrawn 4/30/2013	PDF
325331 - Substitute Amendment (383625) Remove lines 230-357 and insert:	Grant	4/28/2013 11:41 PM	House: Withdrawn 4/30/2013	PDF
500503 - Amendment to Substitute (325331) Remove lines 6-31 and insert:	Grant	4/29/2013 12:04 AM	House: Withdrawn 4/30/2013	PDF
729077 - Amendment Remove lines 230-248 and insert:	Kerner	5/1/2013 7:27 AM		PDF
407017 - Amendment Remove lines 417-420 and insert:	Fasano	4/28/2013 8:32 PM	House: Withdrawn 4/30/2013	PDF
921841 - Strike All Amendment Remove everything after the enacting clause and insert:	Fitzenhagen	4/28/2013 11:21 PM	House: Withdrawn 4/30/2013	PDF

Floor Votes (4)

Date	Chamber	Result
4/11/2013 2:35 PM	Senate	27 Yeas - 12 Nays
4/30/2013 3:47 PM	House	115 Yeas - 4 Nays
5/1/2013 12:00 PM	House	45 Yeas - 71 Nays
5/1/2013 12:04 PM	House	77 Yeas - 38 Nays

Citations - Statutes (5)

Citation	Catchline	Location in Bill Location In Bill Help
381.028	Adverse medical incidents.	Page 14 (pdf)
456.057	Ownership and control of patient records; report or copies of records to be furnished.	Page 2 (pdf)
766.102	Medical negligence; standards of recovery; expert witness.	Page 5 (pdf), Page 6 (pdf)
766.106	Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.	Page 7 (pdf)
766.1065	Authorization for release of protected health information.	Page 9 (pdf), Page 10 (pdf)

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SB 1792, Original Filed Version Posted 3/20/2013 at 1:09 PM

Bill Text:	Web Page \| PDF

Analyses:	Judiciary (Post-Meeting) 3/20/2013 (pdf) Rules (Pre-Meeting) 3/29/2013 (pdf) Rules (Post-Meeting) 4/2/2013 (pdf)

Related Bills (4)

Bill Number	Subject	Filed By	Relationship	Last Action and Location
H 827 (c1)	Medicine	Gaetz	Compare	Last Action: 5/3/2013 H Died on Calendar, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: On 2nd Reading Calendar
S 886	Medical Negligence Actions	Thrasher	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)
S 1308	Medical Negligence Actions	Lee	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)
S 1310	Medical Negligence Actions	Lee	Compare	Last Action: 5/3/2013 S Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108) Location: In committee/council (JU)

Committee Amendments (1)

Amendment	Sponsor	Filed	Last Committee Action	Format
456098 - Amendment Delete lines 137 - 171.	Rules (Smith)	3/29/2013 4:49 PM	Unfavorable 4/2/2013	Web Page PDF

Floor Amendments (7)

Amendment	Sponsor	Filed	Last Floor Action	Format
363990 - Amendment Delete lines 87 - 360 and insert:	Flores	4/9/2013 4:59 PM	Senate: Withdrawn 4/10/2013	Web Page PDF
688034 - Amendment Delete lines 119 - 123 and insert:	Lee	4/9/2013 4:53 PM	Senate: Adopted 4/10/2013	Web Page PDF
386448 - Amendment Delete lines 137 - 171.	Smith	4/9/2013 3:35 PM	Senate: Failed 4/10/2013	Web Page PDF
202196 - Amendment Delete lines 222 - 369 and insert:	Flores	4/10/2013 4:00 PM	Senate: Withdrawn 4/10/2013	Web Page PDF
683406 - Amendment Delete lines 222 - 369 and insert:	Flores	4/10/2013 4:36 PM	Senate: Adopted 4/10/2013	Web Page PDF
962470 - Amendment Delete line 226 and insert:	Lee	4/9/2013 4:53 PM	Senate: Withdrawn 4/10/2013	Web Page PDF
188446 - Amendment Between lines 395 and 396 insert:	Lee	4/9/2013 4:53 PM	Senate: Adopted 4/10/2013	Web Page PDF

Committee Votes (1)

Date	Committee	Result
4/2/2013 8:00 AM	Rules	12 Yeas - 3 Nays

Floor Votes (1)

Date	Chamber	Result
4/10/2013 4:50 PM	Senate - Amendment 386448	13 Yeas - 26 Nays

Citations - Statutes (5)

Citation	Catchline	Location in Bill Location In Bill Help
381.028	Adverse medical incidents.	Page 13 (pdf)
456.057	Ownership and control of patient records; report or copies of records to be furnished.	Page 2 (pdf)
766.102	Medical negligence; standards of recovery; expert witness.	Page 5 (pdf)
766.106	Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.	Page 6 (pdf)
766.1065	Authorization for release of protected health information.	Page 9 (pdf)

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