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– FLORIDA –
Public and Private Policy
Medical Errors and Patient Safety

Statutes and Administrative Rules

  • •  General Information
    • ◊  Florida Administrative Code (FAC)

      The Florida Administrative Code (F.A.C.) is a compilation of rules and regulations of state agencies/ public entities that is available at the FAC website. A series of Florida statutes (usually appended with ‘F.S.’ to indicate general laws / Florida Statute) have provided the authority for administrative rules. FAC Chapter 59 provides administrative rules for the Agency for Health Care Administration (AHCA), while FAC Chapter 64 provides administrative rules for the Department of Health (DOH).

      Each chapter of FAC is a combination of one of the 69 major chapter numbers for an entity or department, followed by a letter(s) designating an agency/activity, followed by a hyphen and a numerical function designation. Proper citation of Florida Administrative Code [PDF] is a concatenation of [Chapter# + Activity/agency-letter + hyphen + function#].[section#]([sub-section]), FAC. For example, definitions for the AHCA Internal Risk Management program are provided in Chapter 59A-10, in section 002, i.e., 59A-10.002, FAC.

    • ◊  Florida Laws and Statutes

      Florida's laws addressing patient safety and quality are provided in 2 categories of laws. Session Laws | Laws of Florida are general laws that are enacted by the Legislature and signed by the Governor. The legislative sessions are available on the web from 1997 through the present. Florida Statutes (FS) is the codified compilation of all permanent laws now in force. Florida Statutes Annotated (FSA) are published by the West Group Publishing Company. Florida Statutes are arranged in 48 Titles (Titles I through XLVIII), each title containing one or more of the 1,013 chapters of Florida code. Title XXIX is the Public Health Code containing Chapters 381 through 408, each addressing a designated sub-section of Florida Public Health code.

      On this website, Florida statutes are cited as § [section].[sub-section], FS. For example, law addressing Patient safety is found in section 1012 of chapter 395 of the Florida Public Health code, designated as § 395.1012, FS.

  • •  Laws and Regulations Governing Florida Programs

    Medical Error Reporting in Florida was developed over the past decade via the ‘Internal risk management program.’ In 1998, the definition of ‘adverse event’ was added to the legislation, and the program has grown under the Agency for Health Care Administration (AHCA), which credentials and licenses health care facilities, with support of the Department of Health (DOH), which provides licensure and credentialling for all health professionals. A report to the legislature and governor in 2001 from the DOH and the AHCA ‘Florida Commission on Excellence in Health Care Report’ [PDF], provided a strategy and recommendations for legislative action.

    The following list of statutes and administrative rules provide the authority and regulatory philosophy that underlies Florida's patient safety and medical error reporting programs.

FLORIDA LAWS / STATUTES
 
SECTION   DESCRIPTION
Public Health – Title XXIX
Chapter 381 – General Provisions
Florida Patient Safety Corporation
Chapter 395 – Part I - Hospitals and Other Licensed Facilities
Definitions used in this Chapter
Litigation notice requirement
Internal Risk Management Program
Patient Safety
Duty to notify patient
Chapter 408 – Health Care Administration
State Center for Health Statistics
 
Regulation of Professions & Occupations – Title XXXII
Chapter 456 – General Provisions
Accountability and liability of board members
Department; general licensing provisions.
Reports of professional liability actions; bankruptcies; Department of Health's responsibility to provide.
Publication of information
Disclosure of Confidential Information
Duty to notify patients
Chapter 458 – Medical Malpractice
Reports of adverse incidents in office practice settings.
Chapter 459 – Osteopathic Medicine
Reports of adverse incidents in Osteopath office practice settings
 
Regulation of Insurance – Title XXXVII
Chapter 641 – Health Care Service Programs
Internal risk management program (HMOs).
 
K-20 Education Code – Title XXXVIII
Chapter 1004 – Public Postsecondary Education - General Provisions
Patient safety instructional requirement.
Chapter 1005 – Nonpublic Postsecondary Education - General Provisions
Patient safety instructional requirement.
 
Torts – Title XLV
Chapter 766 – Medical Malpractice And Related Matters
Civil immunity for members of or consultants to certain boards, committees, or other entities.
Patient safety data privilege.
 
2000 Session Laws of Florida
Chapter 256 – passage of CS/HB 2339 [PDF]
Florida Commission on Excellence in Health Care.
Chapter 367 – passage of CS/SB 2034 [PDF].
Florida Commission on Excellence in Health Care.
Appropriation for Florida Commission on Excellence in Health Care.
 
2003 Session Laws of Florida
Chapter 416 – passage of SB 2-D [PDF] [HTML-Enrolled Version].
AHCA Directed to Conduct Study on Patient Safety
Study for Creation of Patient Safety Commission
12 Reports Responding to Sections 35 and 36
Comments on Reports for 2003 Senate Bill 2-D, §35 and §36
 
 
FLORIDA ADMINISTRATIVE CODE
Agency for Health Care Administration – Chapter 59
59A-10, F.A.C. – Internal Risk Management Program [PDF, p204].
Definitions.
Incident Reporting System.
Fifteen Day Reports.
 
Department of Health – Chapter 64
Chapter 64B-8-9, F.A.C. – Standards Of Practice For Medical Doctors.
Physician Office Incident Reporting.
Physician Office Incident Reporting.
Chapter 64B-15-14, F.A.C. – Osteopathic Practice Requirements.
Physician Office Incident Reporting.
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