(1) Each member of, or health care professional consultant to, any committee, board, group, commission, or other entity shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of his or her duties while serving as a member of or consultant to such committee, board, group, commission, or other entity established and operated for purposes of quality improvement review, evaluation, and planning in a state-licensed health care facility. Such entities must function primarily to review, evaluate, or make recommendations relating to:
(a) The duration of patient stays in health care facilities;
(b) The professional services furnished with respect to the medical, dental, psychological, podiatric, chiropractic, or optometric necessity for such services;
(c) The purpose of promoting the most efficient use of available health care facilities and services;
(d) The adequacy or quality of professional services;
(e) The competency and qualifications for professional staff privileges;
(f) The reasonableness or appropriateness of charges made by or on behalf of health care facilities; or
(g) Patient safety, including entering into contracts with patient safety organizations.
(2) Such committee, board, group, commission, or other entity must be established in accordance with state law, or in accordance with requirements of an applicable accrediting organization whose standards incorporate comparable regulations required by this state, established and duly constituted by one or more public or licensed private hospitals or behavioral health agencies, or established by a governmental agency. To be protected by this section, the act, decision, omission, or utterance may not be made or done in bad faith or with malicious intent.
History.—s. 9, ch. 2003-416; s. 2, ch. 2004-7; s. 16, ch. 2013-93.
Structure Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.101 - Medical Review Committee, Immunity From Liability.
766.1016 - Patient Safety Data Privilege.
766.102 - Medical Negligence; Standards of Recovery; Expert Witness.
766.103 - Florida Medical Consent Law.
766.104 - Medical Negligence Cases; Reasonable Investigation Required Before Filing.
766.105 - Florida Patient’s Compensation Fund.
766.1065 - Authorization for Release of Protected Health Information.
766.108 - Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions.
766.110 - Liability of Health Care Facilities.
766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties.
766.1115 - Health Care Providers; Creation of Agency Relationship With Governmental Contractors.
766.118 - Determination of Noneconomic Damages.
766.201 - Legislative Findings and Intent.
766.202 - Definitions; Ss. 766.201-766.212.
766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.
766.205 - Presuit Discovery of Medical Negligence Claims and Defenses.
766.206 - Presuit Investigation of Medical Negligence Claims and Defenses by Court.
766.207 - Voluntary Binding Arbitration of Medical Negligence Claims.
766.208 - Arbitration to Allocate Responsibility Among Multiple Defendants.
766.209 - Effects of Failure to Offer or Accept Voluntary Binding Arbitration.
766.211 - Payment of Arbitration Award; Interest.
766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility.
766.301 - Legislative Findings and Intent.
766.302 - Definitions; Ss. 766.301-766.316.
766.303 - Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy.
766.304 - Administrative Law Judge to Determine Claims.
766.305 - Filing of Claims and Responses; Medical Disciplinary Review.
766.306 - Tolling of Statute of Limitations.
766.307 - Hearing; Parties; Discovery.
766.31 - Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.
766.311 - Conclusiveness of Determination or Award; Appeal.
766.312 - Enforcement of Awards.
766.313 - Limitation on Claim.
766.314 - Assessments; Plan of Operation.
766.316 - Notice to Obstetrical Patients of Participation in the Plan.