Submission of Malpractice Record

 

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-8.019: Submission of Malpractice Record

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 32 No. 40, October 6, 2006, issue of the Florida Administrative Weekly.

The changes are in response to a public hearing held on the rule on November 30, 2006.  At the hearing, the Rules Committee of the Board of Medicine heard testimony from counsel for First Professional Insurance Company.  The Rules Committee recommended that the rule be changed and the Board of Medicine, at its meeting held on December 2, 2006, approved the Committee’s recommendation.  The changes are as follows:

1.  Subsection (1) shall be reworded to read: “All physicians licensed pursuant to Chapter 458, F.S., shall provide to the Board of Medicine a copy of the record of any finding of medical malpractice resulting from a civil or administrative proceeding, involving an incident that occurred on or after November 2, 2004, within 180 days of entry of the final judgment or order.  The record shall be sent to the Board of Medicine, 4052 Bald Cypress Way, Bin C03, Tallahassee, Florida 32399-3253.”

2.  Subsection (2) shall be reworded to read: “The record shall include a certified copy of the official transcript of the civil or administrative proceeding resulting in a finding of medical malpractice, excluding any jury selection transcript, all evidence admitted or copies of evidence if the original is not available, those matters officially recognized by the civil or administrative tribunal, and the final order or judgment reported or issued by the tribunal.”

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253