CopyCited 68 times | Published | Supreme Court of Florida | 2008 WL 596700
...In addition, any disciplinary action against a medical provider by a hospital must be reported to the State, and notice of any such action serious enough to constitute grounds for expulsion must be sent to every hospital and health maintenance organization in the state. § 458.337(1)(a)-(b), Fla....
...involving the application of federal causes of actions as in Feminist Women's Health Center, Inc. v. Mohammad,
586 F.2d 530, 545 n. 9 (5th Cir.1978), or Adkins v. Christie,
488 F.3d 1324, 1330 (11th Cir. 2007), or in disciplinary actions pursuant to section
458.337(1)(a)-(b), Florida Statutes....
CopyCited 16 times | Published | Supreme Court of Florida | 2007 WL 1498968
...rtment of a staff-privileged physician's noncompliance with the financial responsibility requirements. Moreover, the one provision in chapter 458 that affirmatively imposes duties on hospitals does not address physician financial responsibility. See § 458.337, Fla. Stat. (2006). Rather, the provision states that "the department shall be notified when any physician . . . [h]as been disciplined by a licensed hospital," § 458.337(1)(a)(2), Fla. Stat., and that "[a]ny organization taking action as set forth in this section shall report that action to the department." § 458.337(2), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21558, 2006 WL 3780681
...In this petition to review nonfinal agency action, [2] Dr. Doe seeks review of the Department's order denying his motion to quash the subpoena. The outcome of this case turns upon the interpretation of seemingly conflicting statutes, sections
458.331(9) and
458.337(3), Florida Statutes (2005), and sections
395.0193(8) and
766.101(5), Florida Statutes (2005). When read together, however, the statutes can be reconciled to promote the legislative intent behind each statute. Accordingly, we conclude that sections
458.331(9) and
458.337(3) permit the Department to subpoena this information for the purposes of its investigation of Dr....
...hysicians; it is not the type of public disclosure in a malpractice lawsuit or other civil or administrative claim that sections
395.0193(8) and
766.101(5) are intended to address. Indeed, the release of information to the Department as permitted by section
458.337(3) maintains the broader confidential and exempt nature of the information disclosed....
...ticipants from the threat of a public disclosure of any information for use in a malpractice or other action against the physician. We thus deny Dr. Doe's petition. Dr. Doe resigned his staff privileges at a Florida hospital in May 2005. Pursuant to section 458.337(1)(a), (2), the hospital notified the Department that Dr....
...production of books, papers, documents, and other evidence. In turn, there are two statutes that specifically contemplate that the Department will have access to peer review documents when conducting an investigation regarding physician discipline. Section 458.337 requires hospitals to notify the Department of adverse disciplinary actions they take against a physician. [6] Section 458.337(3) states: Any organization taking action as set forth in this section shall, upon department subpoena, provide copies of the records concerning the action to the department....
...scipline, it must furnish to the physician certain documents: For purposes of this subsection, such documents include, but are not limited to . . . a report of peer review disciplinary action submitted to the department pursuant to s.
395.0193(4) or s.
458.337, providing that the investigations, proceedings, and records relating to such peer review disciplinary action shall continue to retain their privileged status even as to the licensee who is the subject of the investigation, as provided by ss.
395.0193(8) and
458.337(3)....
...120.68"); see also §
458.331 (describing disciplinary action taken against physician under that section as an "administrative action against a physician"). To read these statutes in the unqualified manner that Dr. Doe suggests, however, would ignore the provisions in sections
458.331(9) and
458.337(3), which clearly envision the Department's access to some peer review records in physician disciplinary proceedings....
...information, that will permit the discipline of physicians necessary to protect the public health and safety the statutes must be read in pari materia to conclude that the Department has access to peer review records under sections
458.331(9) and
458.337(3)....
...against a provider of professional health services" must be read to apply to "any . . . administrative action against a provider" other than a physician disciplinary proceeding by the Department. [8] Indeed, this interpretation is supported *809 by section 458.337(3), which specifically provides for the Department's access to the hospital's disciplinary records and repeats the same phrase, "These records shall not be subject to discovery or introduction into evidence in any administrative or ci...
...fulfills the legislative intent and facilitates the implementation of the legislature's policies as set forth in the statutes regarding peer review and physician discipline as a whole. Indeed, to hold otherwise would effectively result in rendering section 458.337(3), and perhaps the entire disciplinary process upon which peer review is based, meaningless....
...(2005). [3] In his petition to this court, Dr. Doe has argued that the complaint filed by the hospital was facially insufficient under section
456.073(1) to permit the Department's investigation, and that the hospital's complaint was premature under section
458.337(1)(a)(2), (2)....
...[5] The hospital is not a party to these proceedings. However, our record indicates that the hospital has previously opined that the documents requested should be available to the Department under the applicable statutes for use in the disciplinary proceedings against Dr. Doe. [6] Although section
458.337 does not specifically refer to the peer review process, section
395.0193 creates a state-mandated peer review process for hospitals to discipline physicians....
...nt. We disagree. In Bayfront, the agency sought peer review records not in a physician disciplinary proceeding, but as part of its role in risk management review as set forth in section
395.0197, Florida Statutes (1997). Thus sections
458.331(9) and
458.337(3) were not implicated in the court's analysis....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1024
...ital, pursuant to Section
455.223, Florida Statutes (1983), in connection with a disciplinary investigation of two licensed Florida physicians. This investigation, which began June 13, 1983, was prompted after Mercy Hospital notified DPR pursuant to Section
458.337(1)(a), Florida Statutes (1983), that Mercy Hospital had recently suspended the hospital staff privileges of these two physicians; the ensuing investigation of these physicians by DPR was, in turn, authorized by Section
455.225(1), Florida Statutes (1983)....
