The 2006 Florida Legislative Session:

The medical community showed considerable strength during the 2006 Florida Legislative Session that ended the first of May. The Florida Medical Association, with assistance from our other state medical associations, helped pass several significant pieces of legislation, while thwarting almost all the bills opposed by organized medicine.

HB 145/SB 2006 - the elimination of joint and several liability: Passage of this bill was a joint effort between the FMA and the business community, and was strongly opposed by the trial bar. It is hoped that this bill will make it less likely that non-negligent physicians will be named in lawsuits, and ultimately help lower medical liability premiums. It should at least help restore some fairness to the fault apportionment process.

HB 699: This bill reins in uncontrolled expansion of unsupervised satellite offices, while also addressing several other important issues. The bill:

• Reduces the Domestic Violence Mandate to once every three licensing cycles;
• Reduces the HIV CME mandate to once, before one's first license renewal;
• Requires ARNP protocols to be available for public inspection on the nurse's profile;
• Limits (subject to several exceptions) the unsupervised practice of ARNPs and PAs in satellite offices to:
- 4 such satellites for primary care physicians;
- 2 such satellites for specialists;
- 2 such satellites if the services are primarily skin care, and only 1 as of 2011. Skin care satellites must be supervised by a board certified plastic surgeon or dermatologist.
• Requires the disclosure of the physician's licensure, and that of any treating health care provider working under the physician's supervision, when the patient is referred to the physician's office. In such instances, the patient must be given the opportunity to see the physician.

HB 487 - the Truth in Medical Education Bill: This bill requires all practitioners in an outpatient setting to disclose to the patient the license under which they are operating. It should help prevent the deceptive practice of less-qualified practitioners concealing their training.

Legislation successfully opposed:

The attempt to change Amendment 3: The FMA was successful in thwarting an attempt to change the constitutional amendment capping trial attorney contingency fees into simple legislation. This was a major victory for the medical community, and a crushing defeat for the trial attorney lobby.

Bills defeated in various committees:

• Would have eliminated the right to self-insure, and increased the minimum requirement for medical liability insurance - proposed by chiropractic legislators Senator Jones and Representative Frank Farkas.

• Would have allowed ARNP prescribing of controlled substances without supervision.

• Would have allowed "naturopathic" physicians to be licensed.

This exceptional legislative year would not have been possible without the teamwork the FMA and other specialty societies, and the efforts of all who took time out of their schedules to advocate for their patients and profession in Tallahassee.

2006 Legislative Awards:

The Seminole County Medical Society “2006 Legislator of the Year”

State Representative Dr. Ed Homan

State Representative Dr. Ed Homan - orthopedist from Tampa - has been selected as our SCMS "2006 Legislator of the Year".

Ed was elected to the state House of Representatives in 2002, and was re-elected in 2004. For the last four years he has worked tirelessly to promote and protect the interests of all Florida's physicians in the state legislature, while still maintaining his full orthopedic practice.

Ed is being honored because of the special relationship he has with the SCMS. He joined many of us when we campaigned for Sen. Mike Haridopolos in 2003. He has presented to SCMS physicians on several occasions. He included the SCMS in a recent legislative forum on future healthcare issues, and he constantly keeps us apprised of ongoing legislative issues. He understands the importance of the political process, and represents the sacrifice it takes to make a difference. The time Ed spends, his involvement in the political process, makes it easier for each of us to practice every day. We all owe a special thanks to Dr. Ed Homan.

Contacting your Legislators:

To access the websites of the Florida House of Representatives and Florida Senate, or to contact your legislator, click a seal below:

SCMS Political Action:

The SCMS Delegation at the 2005 FMA Annual Meeting

The SCMS was well represented at the 2005 Annual Meeting of the Florida Medical Association held in Boca Raton. SCMS Delegates included Dr. Richard Bragg, Dr. Clyde Clymer, Dr. Sanjiv Kapil, Dr. Sam Omar, and Dr. Ken Wing. SCMS members Dr. Glen Davis and Dr. Ravi Jahigardar also represented the SCMS while serving for their specialty societies.

At the meeting, Seminole County Representative David Simmons received the Florida Medical Association 2005 Legislator of the Year award. In May, Rep. Simmons had been presented with the Seminole County Medical Society’s “2005 Legislator of the Year” award.

The Seminole County Medical Society Delegation at the 2005 FMA Annual Meeting, with Seminole County Representative David Simmons and his FMA “2005 Legislator of the Year” award. From left to right: Sanjiv Kapil, MD; Glen Davis, MD; State Representative Dr. Ed Homan; 2005 FMA President Dennis Agliano, MD; Sam Omar, MD; State Representative David Simmons, Ken Wing, MD; Richard Bragg, MD; and Clyde Clymer, MD.

SCMS Resolutions presented at the 2005 FMA Annual Meeting

During the 2005 FMA Annual Meeting the Seminole County Medical Society Delegation presented 10 important Resolutions. The results of those proposals was:

1. Emergency Room Call Coverage – the FMA set up a committee to look at whether the ER call coverage problem can be addressed using a statewide perspective.

2. Establishing the “Standard of Care” for Medical Expert Testimony – the FMA will use the items the SCMS proposed to help create a standard. The SCMS is in the process of putting the standard for SCMS physicians in the SCMS By-laws.

3. Reducing Liability Risk – the FMA established that physicians have the right to limit their practices.

4. Patient Safety Initiatives – most of the language and recommendations proposed by the SCMS were incorporated into the FMA’s new patient safety policy.

5. The FMA and Information Technology – the FMA committed to maintaining a leadership position in IT among state medical associations.

6. Curbing Negative Political Activity – this Resolution did not pass, but FMA leaders committed to maintaining professionalism in future political debates.

7. Income Tax Credits for Uninsured Care – this did not pass as a Resolution, but we have received assurance that it will be kept under consideration by the AMA.

8. Creating a FMA Defense Expert Witness Program - action was deferred on this Resolution to concentrate on the Expert Witness Reform issue. The SCMS is developing having most of this option available for SCMS members through the new SCMS medical liability protection program.

9. Creating a FMA Legal Defense Program - action was deferred on this Resolution to concentrate on the Expert Witness Reform issue. The SCMS is developing having most this option available for SCMS members through the new SCMS medical liability protection program.

10. Creating a Program for Self-Insured Physicians – action was deferred on this Resolution so the FMA could concentrate on the Expert Witness Reform issue.