Florida 2025 Regular Session

Florida House Bill H0463 Compare Versions

Only one version of the bill is available at this time.

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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to medical malpractice review 2
16	16	committees; amending s. 766.101, F.S.; revising the 3
17	17	definition of the term "medical review committee"; 4
18	18	revising provisions related to discovery and evidence 5
19	19	in civil and administrative actions to conform to 6
20	20	changes made by the act; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Paragraph (a) of subsection (1) and subsection 11
25	25	(5) of section 766.101, Florida Statutes, are amended to read: 12
26	26	766.101 Medical review committee, immunity from 13
27	27	liability.— 14
28	28	(1) As used in this section: 15
29	29	(a) The term "medical review committee" or "committee" 16
30	30	means: 17
31	31	1.a. A committee of a hospital or ambulatory surgical 18
32	32	center licensed under chapter 395 or a health maintenance 19
33	33	organization certificated under part I of chapter 641; 20
34	34	b. A committee of a physician -hospital organization, a 21
35	35	provider-sponsored organization, or an integrat ed delivery 22
36	36	system; 23
37	37	c. A committee of a state or local professional society of 24
38	38	health care providers; 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	d. A committee of a medical staff of a licensed hospital 26
52	52	or nursing home, provided the medical staff operates pursuant to 27
53	53	written bylaws that have been approved by the governing board of 28
54	54	the hospital or nursing home; 29
55	55	e. A committee of the Department of Corrections or the 30
56	56	Correctional Medical Authority as created under s. 945.602, or 31
57	57	employees, agents, or consultants of either the department or 32
58	58	the authority or both; 33
59	59	f. A committee of a professional service corporation 34
60	60	formed under chapter 621 or a corporation organized under part I 35
61	61	of chapter 607 or chapter 617, which is formed and operated for 36
62	62	the practice of medicine as defined in s. 458.305(3), an d which 37
63	63	has at least 25 health care providers who routinely provide 38
64	64	health care services directly to patients; 39
65	65	g. A committee of the Department of Children and Families 40
66	66	or a managing entity as defined in s. 394.9082(2), which may 41
67	67	include includes employees or, agents of, or consultants to the 42
68	68	department or managing entity and any other persons the 43
69	69	department or managing entity deems as deemed necessary to 44
70	70	provide peer review, utilization review, or and mortality review 45
71	71	of treatment services provided pursu ant to chapters 394, 397, 46
72	72	and 916; 47
73	73	h. A committee of a mental health treatment facility 48
74	74	licensed under chapter 394 or a community mental health center 49
75	75	as defined in s. 394.907, provided the quality assurance program 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	operates pursuant to the guidelines that have been approved by 51
89	89	the governing board of the agency; 52
90	90	i. A committee of a substance abuse treatment and 53
91	91	education prevention program licensed under chapter 397 provided 54
92	92	the quality assurance program operates pursuant to the 55
93	93	guidelines that have been approved by the governing board of the 56
94	94	agency; 57
95	95	j. A peer review or utilization review committee organized 58
96	96	under chapter 440; 59
97	97	k. A committee of the Department of Health, a county 60
98	98	health department, healthy start coalition, or certified rural 61
99	99	health network, when reviewing quality of care, or employees of 62
100	100	these entities when reviewing mortality records; or 63
101	101	l. A continuous quality improvement committee of a 64
102	102	pharmacy licensed pursuant to chapter 465, 65
103	103	66
104	104	which committee is formed to evaluate and improve the quality of 67
105	105	health care rendered by providers of health service, to 68
106	106	determine whether that health services rendered were 69
107	107	professionally indicated or were performed in compliance with 70
108	108	the applicable standard of care, or whether that the cost of 71
109	109	health care rendered was considered reasonable by the providers 72
110	110	of professional health services in the area; or 73
111	111	2. A committee of an insurer, self -insurer, or joint 74
112	112	underwriting association of medical malpractice insurance, or 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	other persons conducting review und er s. 766.106. 76
126	126	(5) The investigations, proceedings, and records of a 77
127	127	committee as described in the preceding subsections are shall 78
128	128	not be subject to discovery or introduction into evidence in any 79
129	129	civil or administrative action against a provider of 80
130	130	professional health services or a managing entity arising out of 81
131	131	the matters which are the subject of evaluation and review by 82
132	132	such committee, and any no person who was in attendance at a 83
133	133	meeting of such committee is not shall be permitted or required 84
134	134	to testify in any such civil action as to any evidence or other 85
135	135	matters produced or presented during the proceedings of such 86
136	136	committee or as to any findings, recommendations, evaluations, 87
137	137	opinions, or other actions of such committee or any members 88
138	138	thereof. However, information, documents, or records otherwise 89
139	139	available from original sources are not to be construed as 90
140	140	immune from discovery or use in any such civil action merely 91
141	141	because they were presented during proceedings of such 92
142	142	committee, nor should any person wh o testifies before such 93
143	143	committee or who is a member of such committee be prevented from 94
144	144	testifying as to matters within his or her knowledge, but the 95
145	145	said witness cannot be asked about his or her testimony before 96
146	146	such a committee or opinions formed by him or her as a result of 97
147	147	said committee hearings. 98
148	148	Section 2. This act shall take effect July 1, 2025. 99