HB 463 2025
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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
A bill to be entitled 1
An act relating to medical malpractice review 2
committees; amending s. 766.101, F.S.; revising the 3
definition of the term "medical review committee"; 4
revising provisions related to discovery and evidence 5
in civil and administrative actions to conform to 6
changes made by the act; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
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Section 1. Paragraph (a) of subsection (1) and subsection 11
(5) of section 766.101, Florida Statutes, are amended to read: 12
766.101 Medical review committee, immunity from 13
liability.— 14
(1) As used in this section: 15
(a) The term "medical review committee" or "committee" 16
means: 17
1.a. A committee of a hospital or ambulatory surgical 18
center licensed under chapter 395 or a health maintenance 19
organization certificated under part I of chapter 641; 20
b. A committee of a physician -hospital organization, a 21
provider-sponsored organization, or an integrat ed delivery 22
system; 23
c. A committee of a state or local professional society of 24
health care providers; 25
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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
d. A committee of a medical staff of a licensed hospital 26
or nursing home, provided the medical staff operates pursuant to 27
written bylaws that have been approved by the governing board of 28
the hospital or nursing home; 29
e. A committee of the Department of Corrections or the 30
Correctional Medical Authority as created under s. 945.602, or 31
employees, agents, or consultants of either the department or 32
the authority or both; 33
f. A committee of a professional service corporation 34
formed under chapter 621 or a corporation organized under part I 35
of chapter 607 or chapter 617, which is formed and operated for 36
the practice of medicine as defined in s. 458.305(3), an d which 37
has at least 25 health care providers who routinely provide 38
health care services directly to patients; 39
g. A committee of the Department of Children and Families 40
or a managing entity as defined in s. 394.9082(2), which may 41
include includes employees or, agents of, or consultants to the 42
department or managing entity and any other persons the 43
department or managing entity deems as deemed necessary to 44
provide peer review, utilization review, or and mortality review 45
of treatment services provided pursu ant to chapters 394, 397, 46
and 916; 47
h. A committee of a mental health treatment facility 48
licensed under chapter 394 or a community mental health center 49
as defined in s. 394.907, provided the quality assurance program 50
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operates pursuant to the guidelines that have been approved by 51
the governing board of the agency; 52
i. A committee of a substance abuse treatment and 53
education prevention program licensed under chapter 397 provided 54
the quality assurance program operates pursuant to the 55
guidelines that have been approved by the governing board of the 56
agency; 57
j. A peer review or utilization review committee organized 58
under chapter 440; 59
k. A committee of the Department of Health, a county 60
health department, healthy start coalition, or certified rural 61
health network, when reviewing quality of care, or employees of 62
these entities when reviewing mortality records; or 63
l. A continuous quality improvement committee of a 64
pharmacy licensed pursuant to chapter 465, 65
66
which committee is formed to evaluate and improve the quality of 67
health care rendered by providers of health service, to 68
determine whether that health services rendered were 69
professionally indicated or were performed in compliance with 70
the applicable standard of care, or whether that the cost of 71
health care rendered was considered reasonable by the providers 72
of professional health services in the area; or 73
2. A committee of an insurer, self -insurer, or joint 74
underwriting association of medical malpractice insurance, or 75
HB 463 2025
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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
other persons conducting review und er s. 766.106. 76
(5) The investigations, proceedings, and records of a 77
committee as described in the preceding subsections are shall 78
not be subject to discovery or introduction into evidence in any 79
civil or administrative action against a provider of 80
professional health services or a managing entity arising out of 81
the matters which are the subject of evaluation and review by 82
such committee, and any no person who was in attendance at a 83
meeting of such committee is not shall be permitted or required 84
to testify in any such civil action as to any evidence or other 85
matters produced or presented during the proceedings of such 86
committee or as to any findings, recommendations, evaluations, 87
opinions, or other actions of such committee or any members 88
thereof. However, information, documents, or records otherwise 89
available from original sources are not to be construed as 90
immune from discovery or use in any such civil action merely 91
because they were presented during proceedings of such 92
committee, nor should any person wh o testifies before such 93
committee or who is a member of such committee be prevented from 94
testifying as to matters within his or her knowledge, but the 95
said witness cannot be asked about his or her testimony before 96
such a committee or opinions formed by him or her as a result of 97
said committee hearings. 98
Section 2. This act shall take effect July 1, 2025. 99