Florida Medical Malpractice Protection, Amendment 8 (2004)

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The Florida Medical Malpractice Protection Amendment, also known as Amendment 8, was an initiated constitutional amendment on the November 2, 2004 election ballot in Florida, where it was approved.

The amendment added Article X, Section 26 of the Florida Constitution to prohibit medical licenses to doctors with multiple malpractice incidents.[1]

Aftermath

The amendment was originally proposed as Article X, Section 20, but was renumbered so as to not conflict with another amendment.[2]

Election results

Florida Amendment 8 (2004)
ResultVotesPercentage
Approveda Yes 5,121,841 71.08%
No2,083,86428.92%

Results via: the Florida Department of State, Division of Elections

Text of measure

The ballot title read:

Public Protection from Repeated Medical Malpractice[1][3]

The ballot summary read:

Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida.[1][3]

The fiscal note read:

The direct financial impact on state and local governments resulting from the proposed initiative would be minimal. There will likely be additional costs to the state of less than $1 million per year, but these costs will be offset by licensure fees.[4][3]

Constitutional changes

The text of the amendment read:

"Section 20. Prohibition of Medical License After Repeated Medical Malpractice.

"a) No person who has been found to have committed three or more incidents of medical malpractice shall be licensed or continue to be licensed by the State of Florida to provide health care services as a medical doctor.

"b) For purposes of this section, the following terms have the following meanings:

"i) The phrase "medical malpractice" means both the failure to practice medicine in Florida with that level of care, skill, and treatment recognized in general law related to health care providers’ licensure, and any similar wrongful act, neglect, or default in other states or countries which, if committed in Florida, would have been considered medical malpractice.

"ii) The phrase "found to have committed" means that the malpractice has been found in a final judgment of a court of law, final administrative agency decision, or decision of binding arbitration."[1]

Path to the ballot

  • The initiative was sponsored by Floridians for Patient Protection.
  • The initiative petition required 488,722 signatures and 531,705 were found valid.[1]

See also

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References

  1. 1.0 1.1 1.2 1.3 1.4 "Public Protection from Repeated Medical Malpractice 03-12," Florida Department of State, Division of Elections
  2. Article X, Section 26 of the Florida Constitution
  3. 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  4. "Sample Ballot," Monroe County, FL