Saturday, August 30, 2014

CS/CS/CS/CS/HB 479 - Medical Malpractice

General Bill   by Judiciary Committee and Health Care Appropriations Subcommittee and Health & Human Services Access Subcommittee and Civil Justice Subcommittee and Horner and Campbell (CO-SPONSORS) Brodeur; Broxson; Caldwell; Coley; Costello; Eisnaugle; Fresen; Frishe; Gaetz; Hager; Harrell; Kreegel; Metz; Nuñez; Passidomo; Patronis; Porth; Renuart; Van Zant
Medical Malpractice: Requires DOH to issue expert witness certificates to certain physicians & dentists licensed outside of state; provides application & certification requirements & exemptions for physicians & dentists issued certifications from certain licensure & fee requirements; provides additional grounds for disciplinary actions; requires Board of Medicine & Board of Osteopathic Medicine to adopt certain patient forms specifying cataract surgery risks; provides for execution & admissibility of patient forms in civil & administrative proceedings; creates rebuttable presumption of disclosure; deletes requirement that medical malpractice insurance contracts contain certain information; provides that certain insurance information is not admissible as evidence in certain actions; requires that certain expert witnesses meet certain licensure or certification requirements; excludes health care provider's failure to comply with or breach of federal requirements from evidence in certain cases; requires claimant for medical malpractice to execute authorization form; allows prospective medical malpractice defendant to interview claimant's treating health care provider without presence of claimant or claimant's legal representative; requires 10 days' notice before such interviews; authorizes defendant to take unsworn statements of claimant's health care provider; requires that presuit notice for medical negligence claims be accompanied by authorization for release of protected health information; authorizes health care facility to use scientific diagnostic disease methodologies that use information regarding specific diseases in health care facilities & that are adopted by facility's medical review committee; requires dismissal of claim if such authorization is not completed in good faith; provides immunity for volunteer team physicians.
Effective Date: October 1, 2011, and applies to causes of action accruing on or after that date.
Last Event: 06/28/11 Chapter No. 2011-233 on Tuesday, June 28, 2011 7:00 AM
Date Available for Final Passage: Tuesday, May 03, 2011 2:20 PM

Referred Committees and Committee Actions

House Referrals

    -   Civil Justice Subcommittee
           On agenda for: 03/08/11 8:00 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -   Health & Human Services Access Subcommittee
           On agenda for: 03/23/11 1:00 PM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -   Health Care Appropriations Subcommittee
           On agenda for: 04/08/11 8:45 AM              Notice
        Retained (final action)  
 
           On agenda for: 04/12/11 8:00 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 
    -   Judiciary Committee
           On agenda for: 04/14/11 9:00 AM              Notice
        Favorable With Committee Substitute (final action)              See Votes
 

Related Bills

Bill # Subject Relationship
CS/SB 1590 Medical Malpractice Similar
SB 1892 Health Care Compare
CS/CS/CS/SB 1972 Health and Human Services Compare

Bill Text

Enrolled  
Engrossed 2 
Engrossed 1 
963146 , Garcia Date Filed: 05/02/11, Line#: 385 Senate: Withdrawn 5/3/2011 10:45:00 AM
855110 , Hays Date Filed: 05/03/11, Line#: 385 Senate: Adopted 5/3/2011 10:45:11 AM
House: Concur 5/4/2011 7:03:26 PM
868029 , Grant Date Filed: 05/02/11, Line#: 470 House: Withdrawn 5/2/2011 2:05:33 PM
593896 , Hays Date Filed: 05/03/11, Line#: 553 Senate: Adopted 5/3/2011 10:45:15 AM
House: Concur 5/4/2011 7:03:37 PM
934938 , Flores Date Filed: 05/03/11, Line#: 553 Senate: Withdrawn 5/3/2011 10:45:21 AM
512636 , Hays Date Filed: 05/03/11, Line#: 699 Senate: Adopted 5/3/2011 10:45:18 AM
House: Concur 5/4/2011 7:03:45 PM
853667 , Soto Date Filed: 04/29/11, Line#: 718 House: Failed 5/2/2011 2:07:34 PM
462134 , Hays Date Filed: 05/03/11, Line#: 718 Senate: Adopted 5/3/2011 10:45:13 AM
House: Concur 5/4/2011 7:04:01 PM
681822 , Diaz de la Portilla Date Filed: 05/02/11, Line#: 744 Senate: Withdrawn 5/3/2011 10:45:05 AM
911838 , Hays Date Filed: 05/03/11, Line#: 761 Senate: Adopted 5/3/2011 10:45:08 AM
House: Concur 5/4/2011 7:04:06 PM
Committee Substitute 4  
506531 , Horner Date Filed: 04/28/11, Line#: 81 House: Adopted 4/29/2011 2:20:29 PM
239945 , Kriseman Date Filed: 04/28/11, Line#: 98 House: Withdrawn 4/29/2011 2:21:07 PM
662323 , Kriseman Date Filed: 04/28/11, Line#: 144 House: Withdrawn 4/29/2011 2:21:13 PM
041779 , Kriseman Date Filed: 04/28/11, Line#: 293 House: Withdrawn 4/29/2011 2:21:27 PM
767519 , Kriseman Date Filed: 04/28/11, Line#: 312 House: Failed 4/29/2011 2:28:42 PM
290895 , Kriseman Date Filed: 04/28/11, Line#: 398 House: Failed 4/29/2011 2:36:55 PM
SA 067903 , Steinberg Date Filed: 04/28/11, Line#: 398 House: Failed 4/29/2011 2:34:47 PM
586349 , Kriseman Date Filed: 04/28/11, Line#: 403 House: Failed 4/29/2011 2:43:10 PM
542017 , Kriseman Date Filed: 04/28/11, Line#: 744 House: Withdrawn 4/29/2011 2:57:49 PM
SA 022651 , Kriseman Date Filed: 04/28/11, Line#: 748 House: Failed 4/29/2011 2:57:29 PM
643127 , Kriseman Date Filed: 04/28/11, Line#: 747 House: Withdrawn 4/29/2011 2:58:37 PM
534431 , Kriseman Date Filed: 04/28/11, Line#: 754 House: Withdrawn 4/29/2011 2:58:42 PM
146091 , Kriseman Date Filed: 04/28/11, Line#: 756 House: Withdrawn 4/29/2011 2:58:49 PM
366275 , Horner Date Filed: 04/28/11, Line#: 760 House: Withdrawn 4/29/2011 2:59:14 PM
AA 611731 , Gaetz Date Filed: 04/28/11, Line#: 25 House: Withdrawn 4/29/2011 11:27:29 AM
Committee Substitute 3  Laid on the Table
Committee Substitute 2  Laid on the Table
Committee Substitute 1  Laid on the Table
Original Filed Version  

Staff Analysis

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
House 05/02/2011 02:44 PM   88 28 Passage Vote [Seq# 450]
Senate 05/03/2011 10:50 AM   30 9 Vote [Seq# 4]
House 05/04/2011 07:03 PM   94 21 Passage Vote [Seq# 540]

Bill History

Event Time Member Committee
06/28/11 Chapter No. 2011-233 Tuesday, June 28, 2011 7:00 AM
06/27/11 Approved by Governor Monday, June 27, 2011 4:52 PM
06/13/11 Signed by Officers and presented to Governor Monday, June 13, 2011 10:25 AM
Message sent to senate Wednesday, May 04, 2011 8:30 PM
Amendment 911838 Concur Wednesday, May 04, 2011 7:04 PM
Amendment 462134 Concur Wednesday, May 04, 2011 7:04 PM
Amendment 512636 Concur Wednesday, May 04, 2011 7:03 PM
Amendment 593896 Concur Wednesday, May 04, 2011 7:03 PM
Amendment 855110 Concur Wednesday, May 04, 2011 7:03 PM
Ordered engrossed, then enrolled Wednesday, May 04, 2011 7:03 PM
CS passed as amended; YEAS 94, NAYS 21 Wednesday, May 04, 2011 7:02 PM
Concurred in 5 amendment(s) Wednesday, May 04, 2011 7:02 PM
Added to Senate Message List Wednesday, May 04, 2011 4:59 PM
In Messages Tuesday, May 03, 2011 11:38 AM
05/03/11 S CS passed as amended; YEAS 30 NAYS 9 -SJ 727 Tuesday, May 03, 2011 10:50 AM
05/03/11 S Read 3rd time -SJ 727 Tuesday, May 03, 2011 10:46 AM
05/03/11 S Amendment(s) adopted (462134, 512636, 593896, 855110, 911838) -SJ 727 Tuesday, May 03, 2011 10:42 AM
05/03/11 S Read 2nd time -SJ 727 Tuesday, May 03, 2011 10:40 AM
05/03/11 S Substituted for CS/SB 1590 -SJ 727 Tuesday, May 03, 2011 10:40 AM
05/03/11 S Placed on Calendar, on 2nd reading Tuesday, May 03, 2011 10:40 AM
05/03/11 S Withdrawn from Health Regulation; Banking and Insurance; Budget -SJ 727 Tuesday, May 03, 2011 10:40 AM
05/02/11 S Received -SJ 716 Monday, May 02, 2011 8:49 PM
05/02/11 S Referred to Health Regulation; Banking and Insurance; Budget -SJ 716 Monday, May 02, 2011 8:37 PM
05/02/11 S In Messages Monday, May 02, 2011 3:29 PM
Message sent to senate Monday, May 02, 2011 3:24 PM
CS passed as amended; YEAS 88, NAYS 28 Monday, May 02, 2011 2:44 PM
Passage on third reading Monday, May 02, 2011 2:44 PM
Amendment 853667 Failed Monday, May 02, 2011 2:07 PM
Amendment 868029 withdrawn Monday, May 02, 2011 2:05 PM
Read 3rd time Monday, May 02, 2011 2:04 PM
Amendment 868029 filed Monday, May 02, 2011 8:53 AM
Amendment 853667 filed Monday, May 02, 2011 7:50 AM
Added to Third Reading Calendar Friday, April 29, 2011 9:35 PM
Amendment 366275 withdrawn Friday, April 29, 2011 2:59 PM
Amendment 146091 withdrawn Friday, April 29, 2011 2:58 PM
Amendment 534431 withdrawn Friday, April 29, 2011 2:58 PM
Amendment 643127 withdrawn Friday, April 29, 2011 2:58 PM
Amendment 542017 withdrawn Friday, April 29, 2011 2:57 PM
Amendment 022651 Failed Friday, April 29, 2011 2:57 PM
Amendment 586349 Failed Friday, April 29, 2011 2:43 PM
Amendment 290895 Failed Friday, April 29, 2011 2:36 PM
Amendment 067903 Failed Friday, April 29, 2011 2:34 PM
Amendment 767519 Failed Friday, April 29, 2011 2:28 PM
Amendment 041779 withdrawn Friday, April 29, 2011 2:21 PM
Amendment 662323 withdrawn Friday, April 29, 2011 2:21 PM
Amendment 239945 withdrawn Friday, April 29, 2011 2:21 PM
Amendment 506531 adopted Friday, April 29, 2011 2:20 PM
Read 2nd time Friday, April 29, 2011 1:29 PM
Amendment 611731 withdrawn Friday, April 29, 2011 11:27 AM
Amendment 067903 filed Thursday, April 28, 2011 5:02 PM
Amendment 611731 filed Thursday, April 28, 2011 5:00 PM
Amendment 022651 filed Thursday, April 28, 2011 4:38 PM
Amendment 366275 filed Thursday, April 28, 2011 1:50 PM
Amendment 506531 filed Thursday, April 28, 2011 1:46 PM
Amendment 290895 filed Thursday, April 28, 2011 12:56 PM
Amendment 767519 filed Thursday, April 28, 2011 12:55 PM
Amendment 542017 filed Thursday, April 28, 2011 11:32 AM
Amendment 146091 filed Thursday, April 28, 2011 11:32 AM
Amendment 534431 filed Thursday, April 28, 2011 11:31 AM
Amendment 643127 filed Thursday, April 28, 2011 11:31 AM
Amendment 586349 filed Thursday, April 28, 2011 11:07 AM
Amendment 041779 filed Thursday, April 28, 2011 11:06 AM
Amendment 662323 filed Thursday, April 28, 2011 11:06 AM
Amendment 239945 filed Thursday, April 28, 2011 11:06 AM
Bill added to Special Order Calendar (4/29/2011) Wednesday, April 27, 2011 8:20 PM
Added to Second Reading Calendar Thursday, April 21, 2011 10:57 AM
Bill referred to House Calendar Thursday, April 21, 2011 10:57 AM
1st Reading Wednesday, April 20, 2011 11:59 PM
CS Filed Wednesday, April 20, 2011 11:38 AM
Laid on Table under Rule 7.19(a) Wednesday, April 20, 2011 11:38 AM
Reported out of Judiciary Committee Wednesday, April 20, 2011 11:36 AM Judiciary Committee
Favorable with CS by Judiciary Committee Thursday, April 14, 2011 1:00 PM Judiciary Committee
1st Reading Tuesday, April 12, 2011 5:36 PM
Added to Judiciary Committee agenda Tuesday, April 12, 2011 4:20 PM Judiciary Committee
Now in Judiciary Committee Tuesday, April 12, 2011 8:57 AM Judiciary Committee
Referred to Judiciary Committee Tuesday, April 12, 2011 8:57 AM Judiciary Committee
CS Filed Tuesday, April 12, 2011 8:45 AM
Laid on Table under Rule 7.19(a) Tuesday, April 12, 2011 8:45 AM
Reported out of Health Care Appropriations Subcommittee Tuesday, April 12, 2011 8:43 AM Health Care Appropriations Subcommittee
Favorable with CS by Health Care Appropriations Subcommittee Tuesday, April 12, 2011 8:30 AM Health Care Appropriations Subcommittee
Added to Health Care Appropriations Subcommittee agenda Friday, April 08, 2011 4:11 PM Health Care Appropriations Subcommittee
Added to Health Care Appropriations Subcommittee agenda Wednesday, April 06, 2011 4:21 PM Health Care Appropriations Subcommittee
Now in Health Care Appropriations Subcommittee Tuesday, March 29, 2011 12:01 PM Health Care Appropriations Subcommittee
Referred to Judiciary Committee Tuesday, March 29, 2011 12:01 PM Judiciary Committee
Referred to Health Care Appropriations Subcommittee Tuesday, March 29, 2011 12:01 PM Health Care Appropriations Subcommittee
1st Reading Monday, March 28, 2011 6:03 PM
CS Filed Monday, March 28, 2011 7:53 AM
Laid on Table under Rule 7.19(a) Monday, March 28, 2011 7:53 AM
Reported out of Health & Human Services Access Subcommittee Sunday, March 27, 2011 4:20 PM Health & Human Services Access Subcommittee
Favorable with CS by Health & Human Services Access Subcommittee Wednesday, March 23, 2011 4:00 PM Health & Human Services Access Subcommittee
Added to Health & Human Services Access Subcommittee agenda Monday, March 21, 2011 4:22 PM Health & Human Services Access Subcommittee
Now in Health & Human Services Access Subcommittee Monday, March 14, 2011 5:34 PM Health & Human Services Access Subcommittee
Referred to Judiciary Committee Monday, March 14, 2011 5:34 PM Judiciary Committee
Referred to Health Care Appropriations Subcommittee Monday, March 14, 2011 5:34 PM Health Care Appropriations Subcommittee
Referred to Health & Human Services Access Subcommittee Monday, March 14, 2011 5:34 PM Health & Human Services Access Subcommittee
1st Reading Friday, March 11, 2011 5:18 PM
CS Filed Friday, March 11, 2011 4:46 PM
Laid on Table under Rule 7.19(a) Friday, March 11, 2011 4:46 PM
Reported out of Civil Justice Subcommittee Friday, March 11, 2011 4:30 PM Civil Justice Subcommittee
1st Reading Tuesday, March 08, 2011 10:24 PM
Favorable with CS by Civil Justice Subcommittee Tuesday, March 08, 2011 10:00 AM Civil Justice Subcommittee
Added to Civil Justice Subcommittee agenda Friday, March 04, 2011 4:12 PM Civil Justice Subcommittee
Now in Civil Justice Subcommittee Monday, February 07, 2011 7:07 PM Civil Justice Subcommittee
Referred to Judiciary Committee Monday, February 07, 2011 7:07 PM Judiciary Committee
Referred to Health & Human Services Access Subcommittee Monday, February 07, 2011 7:07 PM Health & Human Services Access Subcommittee
Referred to Civil Justice Subcommittee Monday, February 07, 2011 7:07 PM Civil Justice Subcommittee
Filed Tuesday, January 25, 2011 11:23 AM Horner
 

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