The Florida Senate

¹240.215  Payment of costs of civil action against employees or members of the Board of Regents.--

(1)  Whenever any civil action has been brought against any board member or employee for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the Board of Regents may defray all costs of defending such action, including reasonable attorney's fees and expenses together with costs of appeal, and may save harmless and protect such person from any financial loss resulting from the lawful performance of his or her duties and responsibilities. Claims based on such actions or omissions may, in the discretion of the Board of Regents, be settled prior to or after the filing of suit thereon. The Board of Regents may arrange for and pay the premium for appropriate insurance to cover all such losses and expenses.

(2)  An employee or agent under the right of control of the Board of Regents who, pursuant to Board of Regents' policies or rules, renders medical care or treatment at any hospital or health care facility with which the Board of Regents maintains an affiliation agreement whereby the hospital or health care facility provides to the Board of Regents a clinical setting for health care education, research, and services, shall not be deemed to be an agent of any person other than the Board of Regents in any civil action resulting from any act or omission of the employee or agent while rendering said medical care or treatment. For this subsection to apply, the patient shall be provided separate written conspicuous notice by the Board of Regents or by the hospital or health care facility, and shall acknowledge receipt of this notice, in writing, unless impractical by reason of an emergency, either personally or through another person authorized to give consent for him or her, that he or she will receive care provided by Board of Regents' employees and liability, if any, that may arise from that care is limited as provided by law. Compliance by a hospital or health care facility with the requirements of chapter 395 or s. 766.110(1) shall not be used as evidence in any civil action to establish an agency relationship between the hospital or health care facility and an employee or agent of the Board of Regents providing services within the hospital or health care facility.

(3)  All faculty physicians employed by the Board of Regents who are subject to the requirements of s. 456.013 shall complete their risk management continuing education on issues specific to academic medicine. Such continuing education shall include instruction for the supervision of resident physicians as required by the Accreditation Council for Graduate Medical Education. The boards described in s. 456.013 shall adopt rules to implement the provisions of this subsection.

(4)  There are appropriated out of any funds available in the university system, not subject to the obligation of contract, covenant, or trust, the amounts necessary to carry out the purposes of this section.

(5)  Failure of the Board of Regents or an affiliated health care provider to do any act authorized by this section shall not constitute a cause of action against the Board of Regents, or an affiliated health care provider, or any of their members, officers, or employees.

History.--ss. 1, 2, 3, ch. 70-220; s. 9, ch. 79-222; s. 1, ch. 92-44; s. 33, ch. 95-148; s. 3, ch. 96-309; s. 16, ch. 98-166; s. 4, ch. 2000-160; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

Note.--Former s. 240.221.