Bill Text: FL S0830 | 2010 | Regular Session | Introduced

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Bill Title: Health Care Provider/Immunity From Civil Liability [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S0830 Detail]

Download: Florida-2010-S0830-Introduced.html

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Florida Senate - 2010                                     SB 830 
 
By Senator Bennett 
21-00825-10                                            2010830__ 
1                        A bill to be entitled 
2         An act relating to health care providers; amending s. 
3         768.13, F.S.; providing immunity from civil damages to 
4         health care providers providing emergency care or 
5         medical consultation services; providing an exception; 
6         providing for severability; providing for retroactive 
7         application; providing an effective date. 
8 
9  Be It Enacted by the Legislature of the State of Florida: 
10 
11         Section 1. Paragraph (b) of subsection (2) of s. 768.13, 
12  Florida Statutes, is amended to read: 
13         768.13 Good Samaritan Act; immunity from civil liability.— 
14         (2) 
15         (b)1. Any health care provider, including a hospital 
16  licensed under chapter 395, providing emergency services 
17  pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s. 
18  395.1041, s. 395.401, or s. 401.45 shall not be held liable for 
19  any civil damages as a result of such medical care or treatment 
20  unless such damages result from providing, or failing to 
21  provide, medical care or treatment under circumstances 
22  demonstrating a reckless disregard for the consequences so as to 
23  affect the life or health of another. 
24         2. Any health care provider, including one who is not an 
25  employee of a hospital licensed under chapter 395, providing 
26  emergency care or medical consultation services to a patient who 
27  has an emergency medical condition shall not be held liable for 
28  any civil damages as a result of such medical care, treatment, 
29  or consultation unless such damages result from providing, or 
30  failing to provide, medical care or treatment under 
31  circumstances demonstrating a reckless disregard for the 
32  consequences so as to affect the life or health of another. 
33         3.2. The immunity provided by this paragraph applies to 
34  damages as a result of any act or omission of providing medical 
35  care or treatment, including diagnosis: 
36         a. Which occurs prior to the time the patient is stabilized 
37  and is capable of receiving medical treatment as a nonemergency 
38  patient, unless surgery is required as a result of the emergency 
39  within a reasonable time after the patient is stabilized, in 
40  which case the immunity provided by this paragraph applies to 
41  any act or omission of providing medical care or treatment which 
42  occurs prior to the stabilization of the patient following the 
43  surgery. 
44         b. Which is related to the original medical emergency. 
45         4.3. For purposes of this paragraph, “reckless disregard” 
46  as it applies to a given health care provider rendering 
47  emergency medical services shall be such conduct that a health 
48  care provider knew or should have known, at the time such 
49  services were rendered, created an unreasonable risk of injury 
50  so as to affect the life or health of another, and such risk was 
51  substantially greater than that which is necessary to make the 
52  conduct negligent. 
53         5.4. Every emergency care facility granted immunity under 
54  this paragraph shall accept and treat all emergency care 
55  patients within the operational capacity of such facility 
56  without regard to ability to pay, including patients transferred 
57  from another emergency care facility or other health care 
58  provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of 
59  an emergency care facility to comply with this subparagraph 
60  constitutes grounds for the department to initiate disciplinary 
61  action against the facility pursuant to chapter 395. 
62         Section 2. If any provision of this act or its application 
63  to any person or circumstance is held invalid, the invalidity 
64  does not affect other provisions or applications of the act 
65  which can be given effect without the invalid provision or 
66  application, and to this end the provisions of this act are 
67  severable. 
68         Section 3. It is the intent of the Legislature to apply the 
69  provisions of this act retroactively, unless such application is 
70  prohibited by law. 
71         Section 4. This act shall take effect October 1, 2010.