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The 2025 Florida Statutes
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F.S. 395.0191395.0191 Staff membership and clinical privileges.—(1) No licensed facility, in considering and acting upon an application for staff membership or clinical privileges, shall deny the application of a qualified doctor of medicine licensed under chapter 458, a doctor of osteopathic medicine licensed under chapter 459, a doctor of dentistry licensed under chapter 466, a doctor of podiatric medicine licensed under chapter 461, or a psychologist licensed under chapter 490 for such staff membership or clinical privileges within the scope of his or her respective licensure solely because the applicant is licensed under any of such chapters. (2)(a) Each licensed facility shall establish rules and procedures for consideration of an application for clinical privileges submitted by an advanced practice registered nurse licensed under part I of chapter 464, in accordance with the provisions of this section. No licensed facility shall deny such application solely because the applicant is licensed under part I of chapter 464 or because the applicant is not a participant in the Florida Birth-Related Neurological Injury Compensation Plan. (b) An advanced practice registered nurse who is certified as a registered nurse anesthetist licensed under part I of chapter 464 shall administer anesthesia under the onsite medical direction of a professional licensed under chapter 458, chapter 459, or chapter 466, and in accordance with an established protocol approved by the medical staff. The medical direction shall specifically address the needs of the individual patient. (c) Each licensed facility shall establish rules and procedures for consideration of an application for clinical privileges submitted by a physician assistant licensed pursuant to s. 458.347 or s. 459.022. Clinical privileges granted to a physician assistant pursuant to this subsection shall automatically terminate upon termination of staff membership of the physician assistant’s supervising physician. (d) Each hospital shall meet the requirements of the Medicare and Medicaid Conditions of Participation for Hospitals under 42 C.F.R. s. 482.51(a)(3) as they apply to registered nurses performing circulating duties in the operating room and as provided in the interpretive guidelines provided by the United States Department of Health and Human Services. A circulating nurse shall be present in the operating room for the duration of a surgical procedure. (3) When a licensed facility requires, as a precondition to obtaining staff membership or clinical privileges, the completion of, eligibility in, or graduation from any program or society established by or relating to the American Medical Association or the Liaison Committee on Graduate Medical Education, the licensed facility shall also make available such membership or privileges to physicians who have attained completion of, eligibility in, or graduation from any equivalent program established by or relating to the American Osteopathic Association. (4) Nothing herein shall restrict in any way the authority of the medical staff of a licensed facility to review for approval or disapproval all applications for appointment and reappointment to all categories of staff and to make recommendations on each applicant to the governing board, including the delineation of privileges to be granted in each case. In making such recommendations and in the delineation of privileges, each applicant shall be considered individually pursuant to criteria for a doctor licensed under chapter 458, chapter 459, chapter 461, or chapter 466, or for an advanced practice registered nurse licensed under part I of chapter 464, or for a psychologist licensed under chapter 490, as applicable. The applicant’s eligibility for staff membership or clinical privileges shall be determined by the applicant’s background, experience, health, training, and demonstrated competency; the applicant’s adherence to applicable professional ethics; the applicant’s reputation; and the applicant’s ability to work with others and by such other elements as determined by the governing board, consistent with this part. (5) The governing board of each licensed facility shall set standards and procedures to be applied by the licensed facility and its medical staff in considering and acting upon applications for staff membership or clinical privileges. These standards and procedures shall be available for public inspection. (6) Upon the written request of the applicant, any licensed facility that has denied staff membership or clinical privileges to any applicant specified in subsection (1) or subsection (2) shall, within 30 days of such request, provide the applicant with the reasons for such denial in writing. A denial of staff membership or clinical privileges to any applicant shall be submitted, in writing, to the applicant’s respective licensing board. (7) There shall be no monetary liability on the part of, and no cause of action for injunctive relief or damages shall arise against, any licensed facility, its governing board or governing board members, medical staff, or disciplinary board or against its agents, investigators, witnesses, or employees, or against any other person, for any action arising out of or related to carrying out the provisions of this section, absent intentional fraud. (8) The investigations, proceedings, and records of the board, or agent thereof with whom there is a specific written contract for the purposes of this section, as described in this section shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of matters which are the subject of evaluation and review by such board, and no person who was in attendance at a meeting of such board or its agent shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such board or its agent or as to any findings, recommendations, evaluations, opinions, or other actions of such board or its agent or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such board; nor should any person who testifies before such board or who is a member of such board be prevented from testifying as to matters within his or her knowledge, but such witness cannot be asked about his or her testimony before such a board or opinions formed by him or her as a result of such board hearings. (9)(a) If the defendant prevails in an action brought by an applicant against any person or entity that initiated, participated in, was a witness in, or conducted any review as authorized by this section, the court shall award reasonable attorney’s fees and costs to the defendant. (b) As a condition of any applicant bringing any action against any person or entity that initiated, participated in, was a witness in, or conducted any review as authorized by this section and before any responsive pleading is due, the applicant shall post a bond or other security, as set by the court having jurisdiction of the action, in an amount sufficient to pay the costs and attorney’s fees. History.—ss. 26, 30, ch. 82-182; s. 48, ch. 83-218; s. 1, ch. 85-99; s. 2, ch. 85-175; s. 1, ch. 86-26; s. 1, ch. 86-287; s. 42, ch. 87-92; s. 2, ch. 88-361; s. 18, ch. 90-263; s. 5, ch. 91-22; ss. 11, 98, ch. 92-289; s. 725, ch. 95-148; s. 38, ch. 97-264; s. 5, ch. 98-49; s. 181, ch. 98-166; s. 93, ch. 2000-318; s. 3, ch. 2003-416; s. 1, ch. 2006-133; s. 23, ch. 2018-106; s. 1, ch. 2019-136. Note.—Former s. 395.011.
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Annotations, Discussions, Cases:
Cases Citing Statute 395.0191
Total Results: 29
79 So. 3d 1, 37 Fla. L. Weekly Supp. 22, 2012 Fla. LEXIS 55, 2012 WL 87282
Supreme Court of Florida | Filed: Jan 12, 2012 | Docket: 60305136
Cited 26 times | Published
by a hospital medical review committee, and section 395.0191 pertaining to hospital staff membership privileges
959 So. 2d 176, 2007 WL 1498968
Supreme Court of Florida | Filed: May 24, 2007 | Docket: 528349
Cited 16 times | Published
responsibility requirements of section 458.320. First, section 395.0191, Florida Statutes (2006), which outlines the
43 So. 3d 710, 2010 Fla. App. LEXIS 3813, 2010 WL 1066833
District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 60295466
Cited 14 times | Published
Liability
Lawnwood’s claim of immunity is founded on § 395.0191(7).11 It argues that the statute must be construed
808 So. 2d 243, 2002 WL 83679
District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 2191393
Cited 13 times | Published
arbitrary, unreasonable, or capricious manner); § 395.0191, Fla. Stat. (1999) (setting guidelines for the
932 So. 2d 344, 2006 WL 566084
District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1285604
Cited 10 times | Published
Stat. (2005) (quality assurance nursing homes); § 395.0191(8), Fla. Stat. (2005) (staff membership and clinical
994 So. 2d 390, 2008 WL 4643345
District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1219840
Cited 8 times | Published
Rodriguez, 960 So.2d 794 (Fla. 3d DCA 2007). Section 395.0191(8), Florida Statutes (2007), provides that
638 So. 2d 530, 1994 WL 162790
District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1168497
Cited 8 times | Published
establish the same privilege against disclosure; section 395.0191 applies to the proceedings of all hospital
920 So. 2d 711, 2006 WL 437511
District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1730717
Cited 4 times | Published
of evaluation and review by the committee. Section 395.0191(8) provides that the investigations, proceedings
54 So. 3d 1027, 2011 Fla. App. LEXIS 553, 2011 WL 222228
District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60298210
Cited 3 times | Published
because it is immune from liability under section 395.0191, Florida Statutes (2009).1 We agree and reverse
18 So. 3d 676, 2009 Fla. App. LEXIS 14400, 2009 WL 3047396
District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640431
Cited 2 times | Published
enacted prior to the passing of Amendment 7. Section 395.0191(8) provides, in pertinent part, as follows:
957 So. 2d 590, 32 Fla. L. Weekly Supp. 217, 2007 Fla. LEXIS 843, 2007 WL 1362903
Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1271401
Cited 2 times | Published
Murray, 910 So.2d at 881.
Peer Review Records
Section 395.0191(8), Florida Statutes (2001), provides:
The
710 So. 2d 1030, 1998 Fla. App. LEXIS 5874, 1998 WL 264482
District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1731530
Cited 2 times | Published
alleged in his petition that the bylaws violate section 395.0191, Florida Statutes (1995), because they exclude
663 So. 2d 1356, 1995 WL 680881
District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 1313663
Cited 2 times | Published
Florida Statutes (1991), now codified as section 395.0191(7), Florida Statutes (1993), precludes any
237 So. 3d 440
District Court of Appeal of Florida | Filed: Jan 31, 2018 | Docket: 64673085
Cited 1 times | Published
agreed with the hospital that the immunity in section 395.0191(7) barred Dr. Hakki's suit because his allegations
District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135347
Published
production of
documents privileged under section 395.0191 that do not relate to an
adverse medical
District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123871
Published
provisions" of the various statutes. See § 395.0191(7);
see also § 766.101(8). In Halpern v. Castellano
District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123869
Published
provisions" of the various statutes. See § 395.0191(7);
see also § 766.101(8). In Halpern v. Castellano
District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123870
Published
provisions" of the various statutes. See § 395.0191(7);
see also § 766.101(8). In Halpern v. Castellano
District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954651
Published
for
staff membership or clinical privileges.” § 395.0191(5), Fla. Stat. (2020).
As noted above, the credentialing
317 F. Supp. 3d 1157
District Court, M.D. Florida | Filed: Jul 2, 2018 | Docket: 64319308
Published
barred by statutory immunity under Fla. Stat. § 395.0191(7), which provides:
There shall be no monetary
219 So. 3d 869, 2017 WL 2350138, 2017 Fla. App. LEXIS 7831
District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60266959
Published
appointment or reappointment of staff under section 395.0191(4), Florida Statutes (2009). Lawnwood Med
908 So. 2d 594, 2005 Fla. App. LEXIS 12542, 2005 WL 1923178
District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 64839826
Published
Palms argues that section 766.101(5) and section 395.0191(8), Florida Statutes (2000), makes the information
792 So. 2d 581, 2001 Fla. App. LEXIS 10790, 2001 WL 863583
District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 64807700
Published
PER CURIAM.
Affirmed. See section 395.0191(7), Fla. Stat. (1997).
784 So. 2d 541, 2001 Fla. App. LEXIS 6165, 2001 WL 487347
District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 64805214
Published
admitted that it did not comply with either section 395.0191(4), Florida Statutes (1997)1, or its bylaws
784 So. 2d 1151, 2001 Fla. App. LEXIS 2489, 2001 WL 219264
District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1744174
Published
against the Hospital were based on violation of section 395.0191, Florida Statutes (1995) and the Hospital's
726 So. 2d 866, 1999 Fla. App. LEXIS 2446, 1999 WL 110842
District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64786344
Published
which falls within the privilege set forth in section 395.0191(8), Florida Statutes. Respondent has as much
711 So. 2d 1364, 1998 Fla. App. LEXIS 7186, 1998 WL 314661
District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781254
Published
privileged pursuant to section 766.101(5) and section 395.0191, Florida Statutes (1997). The Liberatores’
174 F.R.D. 502, 1997 U.S. Dist. LEXIS 12901, 1997 WL 535199
District Court, S.D. Florida | Filed: Jun 26, 1997 | Docket: 66315616
Published
sought for peer review records
Florida Statutes § 395.0191(8) states in relevant part:
The investigations
Florida Attorney General Reports | Filed: Dec 13, 1993 | Docket: 3258220
Published
the status of allied health professionals.
Section 395.0191(1), F.S., provides:
No licensed facility,
