July 22, 2019
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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.

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