Important Changes to Your Practice Act
Attention Health Care
Practitioners: New Law in Effect
The Governor recently signed into law CS/SB2D, a bill titled “Medical
Incidents.” Effective September 15, 2003, this new law, commonly
referred to as the Tort Reform Bill, changes more than tort law; it
changes your responsibilities as a licensed health care provider. To
review the entire law, visit:
ATTENTION: Prescribing Practitioners - Change in
Law - Effective July 1, 2003, SB 2084 provides the following:
Section 1. Section 456.42, Florida Statutes, is created to read: 456.42
Written prescriptions for medicinal drugs.--A written prescription for a
medicinal drug issued by a health care practitioner licensed by law to
prescribe such drug must be legibly printed or typed so as to be capable
of being understood by the pharmacist filling the prescription; must
contain the name of the prescribing practitioner, the name and strength of
the drug prescribed, the quantity of the drug prescribed in both textual
and numerical formats, and the directions for use of the drug; must be
dated with the month written out in textual letters; and must be signed by
the prescribing practitioner on the day when issued.
| General Requirements - All Professions
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| Advanced Registered Nurse Practitioners
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| Allopathic Physicians
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| Dentistry
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| Chiropractic Physicians
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| Osteopathic Physicians
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| Podiatric Physicians
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SECTION 8: (Affects all health
care practitioners)
Duty to notify patients-Every licensed health care practitioner shall
inform each patient, or an individual identified pursuant to s.
765.401(1), in person about adverse incidents that result in serious
harm to the patient.
Although this is a new provision for Florida law, Florida hospitals have
been subject to a similar requirement of the Joint Commission for
Accreditation of Healthcare Organizations (JCAHO).
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SECTION 14: (Applies ONLY to new applicants for
licensure as doctors of medicine, osteopathy, chiropractic and advanced
registered nurse practitioners submitting a Practitioner Profile)
Upon the completion of a practitioner profile under this section, the
Department shall furnish the practitioner who is the subject of the
profile a copy of it for review and verification. The practitioner has a
period of 30 days in which to review and verify the contents of the
profile and to correct any factual inaccuracies in it. The Department
shall make the profile available to the public at the end of the 30-day
period regardless of whether the practitioner has provided verification
of the profile content. A practitioner shall be subject to a fine of up
to $100 per day for failure to verify the profile contents and to
correct any factual errors in his or her profile within the 30-day
period.
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SECTION 15: (Affects doctors of medicine,
osteopathy, chiropractic and advanced registered nurse practitioners
updating practitioner profiles)
A practitioner must submit updates of required information within 15
days after the final activity that renders such information a fact.
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SECTION 16: (Affects doctors of medicine,
osteopathy, podiatry, and dentists reporting professional liability
claims and actions)
Any practitioner of medicine licensed pursuant to the provisions of
chapter 458, practitioner of osteopathic medicine licensed pursuant to
the provisions of chapter 459, podiatric physician licensed pursuant to
the provisions of chapter 461, or dentist licensed pursuant to the
provisions of chapter 466 shall report to the Office of Insurance
Regulation (Not the Department) any claim or action for damages for
personal injury alleged to have been caused by error, omission, or
negligence in the performance of such licensee's professional services
or based on a claimed performance of professional services without
consent pursuant to Section 627.912, F.S. even if the licensee has
malpractice insurance.
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SECTIONS: 23/24: (Affects doctors of
medicine and osteopathy financial responsibility requirements)
- Escrow, letter of credit and medical
malpractice coverage amounts may not be used for litigation costs or
attorney's fees for the defense of any medical malpractice claim.
- Physicians who perform surgery in an ambulatory
surgical center are subject to the same increased coverage amounts as
physicians practicing in hospitals.
- If a licensee who does not carry medical
malpractice insurance fails to pay the amounts required by current law
within 30 days after the entering of a malpractice judgment, award, or
order or agreement, the department shall suspend the license of any
physician until proof of payment is received by the department or a
payment schedule has been agreed upon by the physician and the
claimant and presented to the department.
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