manner determined by the board or department to be sufficient to cover claims arising out of the rendering of or failure to render professional care and services in this state. (2) The board or department may grant exemptions upon application by practitioners meeting any of the following criteria: (a) Any person licensed under chapter 457, s. 458.3475, s. 459.023 , chapter 460, chapter 461, s. 464.012, chapter 466, or chapter 467 who practices exclusively as an officer, employee, or agent of the Federal Government or of the state or its agencies or its subdivisions. For the purposes of this subsection, an agent of the state, its agencies, or its subdivisions is a person who is eligible for coverage under any self-insurance or insurance program authorized by the provisions of s. 768.28(16) or who is a volunteer under s. 110.501(4). (b) Any person whose license or certification has become inactive under chapter 457, s. 458.3475, s. 459.023 , chapter 460, chapter 461, part I of chapter 464, chapter 466, or chapter 467 and who is not practicing in this state. Any person applying for reactivation of a license must show either that such licensee maintained tail insurance coverage which provided liability coverage for incidents that occurred on or after October 1, 1993, or the initial date of licensure in this state, whichever is later, and incidents that occurred before the date on which the license became inactive; or such licensee must submit an affidavit stating that such licensee has no unsatisfied medical malpractice judgments or settlements at the time of application for reactivation.
(c) Any person holding a limited license pursuant to s. 456.015, and practicing under the scope of such limited license. (d) Any person licensed or certified under chapter 457, s. 458.3475, s. 459.023 , chapter 460, chapter 461, s. 464.012, chapter 466, or chapter 467 who practices only in conjunction with his or her teaching duties at an accredited school or in its main teaching hospitals. Such person may engage in the practice of medicine to the extent that such practice is incidental to and a necessary part of duties in connection with the teaching position in the school. (e) Any person holding an active license or certification under chapter 457, s. 458.3475, s. 459.023 , chapter 460, chapter 461, s. 464.012, chapter 466, or chapter 467 who is not practicing in this state. If such person initiates or resumes practice in this state, he or she must notify the department of such activity. (f) Any person who can demonstrate to the board or department that he or she has no malpractice exposure in the state. (3) Notwithstanding the provisions of this section, the financial responsibility requirements of ss. 458.320 and 459.0085 shall continue to apply to practitioners licensed under those chapters, except for anesthesiologist assistants licensed pursuant to s. 458.3475 or s. 459.023 who must meet the requirements of this section. History.—s. 1, ch. 93-41; s. 193, ch. 97-103; s. 90, ch. 97-261; s. 266, ch. 98-166; s. 88, ch. 99-397; s. 73, ch. 2000-160; s. 116, ch. 2000-318; s. 73, ch. 2004-5; s. 1, ch. 2004-303; s. 46, ch. 2018-106; s. 101, ch. 2023-8. Note.—Former s. 455.2456; s. 455.694. or negligence in the performance of such licensee’s professional services or based on a claimed performance of professional services without consent pursuant to s. 627.912. History.—s. 13, ch. 88-1; s. 7, ch. 91-140; s. 309, ch. 96-406; s. 91, ch. 97-261; s. 193, ch. 98-166; s. 74, ch. 2000-160; s. 16, ch. 2003-416. Note.—Former s. 455.247; s. 455.697. newborn remains in such unit for more than 72 hours; or (g) Any other injury as determined by department rule. (2) Beginning July 1, 2018, a physician licensed under chapter 458 or chapter 459, a nurse midwife certified under part I of chapter 464, or a midwife licensed under chapter 467 who performs an attempted or completed planned out-of-hospital birth must report an adverse incident, along with a medical summary of events, to the department within 15 days after the adverse incident occurs. (3) The department shall review each incident report and determine whether the incident involves conduct by a health care practitioner which is subject to disciplinary action under s. 456.073. Disciplinary action, if any, must be taken by the appropriate regulatory board or by the department if no such board exists. (4) The department shall adopt rules to implement this section and shall develop a form to be used for the reporting of adverse incidents. History.—s. 1, ch. 2018-21.
456.049—Health Care Practitioners; Reports on Professional Liability Claims and Actions Any practitioner of medicine licensed pursuant to the provisions of chapter 458, practitioner of osteopathic
medicine licensed pursuant to the provisions of chapter 459, podiatric physician licensed pursuant to the provisions of chapter 461, or dentist licensed pursuant to the provisions of chapter 466 shall report to the Office of Insurance Regulation any claim or action for damages for personal injury alleged to have been caused by error, omission,
456.049—Report Adverse Incidents Occurring in Planned Out-of-Hospital Births (1) For purposes of this section, the term “adverse incident” means an event over which a physician licensed under chapter 458 or chapter 459, a nurse
midwife certified under part I of chapter 464, or a midwife licensed under chapter 467 could exercise control and which is associated with an attempted or completed planned out-of-hospital birth, and results in one or more of the following injuries or conditions: (a) A maternal death that occurs during delivery or within 42 days after delivery; (b) The transfer of a maternal patient to a hospital intensive care unit; (c) A maternal patient experiencing hemorrhagic shock or requiring a transfusion of more than 4 units of blood or blood products; (d) A fetal or newborn death, including a stillbirth, associated with an obstetrical delivery; (e) A transfer of a newborn to a neonatal intensive care unit due to a traumatic physical or neurological birth injury, including any degree of a brachial plexus injury; (f) A transfer of a newborn to a neonatal intensive care unit within the first 72 hours after birth if the
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Book Code: MFL1225
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