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The 2025 Florida Statutes
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F.S. 395.0193395.0193 Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.—(1) It is the intent of the Legislature that good faith participants in the process of investigating and disciplining physicians pursuant to the state-mandated peer review process shall, in addition to receiving immunity from retaliatory tort suits pursuant to s. 456.073(12), be protected from federal antitrust suits filed under the Sherman Anti-Trust Act, 15 U.S.C.A. ss. 1 et seq. Such intent is within the public policy of the state to secure the provision of quality medical services to the public. (2) Each licensed facility, as a condition of licensure, shall provide for peer review of physicians who deliver health care services at the facility. Each licensed facility shall develop written, binding procedures by which such peer review shall be conducted. Such procedures shall include:(a) Mechanism for choosing the membership of the body or bodies that conduct peer review. (b) Adoption of rules of order for the peer review process. (c) Fair review of the case with the physician involved. (d) Mechanism to identify and avoid conflict of interest on the part of the peer review panel members. (e) Recording of agendas and minutes which do not contain confidential material, for review by the Division of Health Quality Assurance of the agency. (f) Review, at least annually, of the peer review procedures by the governing board of the licensed facility. (g) Focus of the peer review process on review of professional practices at the facility to reduce morbidity and mortality and to improve patient care. (3) If reasonable belief exists that conduct by a staff member or physician who delivers health care services at the licensed facility may constitute one or more grounds for discipline as provided in this subsection, a peer review panel shall investigate and determine whether grounds for discipline exist with respect to such staff member or physician. The governing board of any licensed facility, after considering the recommendations of its peer review panel, shall suspend, deny, revoke, or curtail the privileges, or reprimand, counsel, or require education, of any such staff member or physician after a final determination has been made that one or more of the following grounds exist:(a) Incompetence. (b) Being found to be a habitual user of intoxicants or drugs to the extent that he or she is deemed dangerous to himself, herself, or others. (c) Mental or physical impairment which may adversely affect patient care. (d) Being found liable by a court of competent jurisdiction for medical negligence or malpractice involving negligent conduct. (e) One or more settlements exceeding $10,000 for medical negligence or malpractice involving negligent conduct by the staff member. (f) Medical negligence other than as specified in paragraph (d) or paragraph (e). (g) Failure to comply with the policies, procedures, or directives of the risk management program or any quality assurance committees of any licensed facility. (4) Pursuant to ss. 458.337 and 459.016, any disciplinary actions taken under subsection (3) shall be reported in writing to the Division of Health Quality Assurance of the agency within 30 working days after its initial occurrence, regardless of the pendency of appeals to the governing board of the hospital. The notification shall identify the disciplined practitioner, the action taken, and the reason for such action. All final disciplinary actions taken under subsection (3), if different from those which were reported to the agency within 30 days after the initial occurrence, shall be reported within 10 working days to the Division of Health Quality Assurance of the agency in writing and shall specify the disciplinary action taken and the specific grounds therefor. The division shall review each report and determine whether it potentially involved conduct by the licensee that is subject to disciplinary action, in which case s. 456.073 shall apply. The reports are not subject to inspection under s. 119.07(1) even if the division’s investigation results in a finding of probable cause. (5) There shall be no monetary liability on the part of, and no cause of action for damages against, any licensed facility, its governing board or governing board members, peer review panel, medical staff, or disciplinary body, or its agents, investigators, witnesses, or employees; a committee of a hospital; or any other person, for any action taken without intentional fraud in carrying out the provisions of this section. (6) For a single incident or series of isolated incidents that are nonwillful violations of the reporting requirements of this section or part II of chapter 408, the agency shall first seek to obtain corrective action by the facility. If correction is not demonstrated within the timeframe established by the agency or if there is a pattern of nonwillful violations of this section or part II of chapter 408, the agency may impose an administrative fine, not to exceed $5,000 for any violation of the reporting requirements of this section or part II of chapter 408. The administrative fine for repeated nonwillful violations may not exceed $10,000 for any violation. The administrative fine for each intentional and willful violation may not exceed $25,000 per violation, per day. The fine for an intentional and willful violation of this section or part II of chapter 408 may not exceed $250,000. In determining the amount of fine to be levied, the agency shall be guided by s. 395.1065(2)(b). (7) The proceedings and records of peer review panels, committees, and governing boards or agent thereof which relate solely to actions taken in carrying out this section are not subject to inspection under s. 119.07(1); and meetings held pursuant to achieving the objectives of such panels, committees, and governing boards are not open to the public under the provisions of chapter 286. (8) The investigations, proceedings, and records of the peer review panel, a committee of a hospital, a disciplinary board, or a governing board, or agent thereof with whom there is a specific written contract for that purpose, as described in this section shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such group or its agent, and a person who was in attendance at a meeting of such group or its agent may not be permitted or required to testify in any such civil or administrative action as to any evidence or other matters produced or presented during the proceedings of such group or its agent or as to any findings, recommendations, evaluations, opinions, or other actions of such group 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 or administrative action merely because they were presented during proceedings of such group, and any person who testifies before such group or who is a member of such group may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such a group or opinions formed by him or her as a result of such group hearings. (9)(a) If the defendant prevails in an action brought by a staff member or physician who delivers health care services at the licensed facility 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 staff member or physician 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 staff member or physician 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. (10)(a) A hospital’s compliance with the requirements of this chapter or s. 766.110(1) may not be the sole basis to establish an agency or partnership relationship between the hospital and physicians who provide services within the hospital. (b) A hospital may create an agency relationship with a physician by written contract signed by the hospital and:1. The physician; 2. A health care professional association; or 3. A corporate medical group and its employees. A written contract is not the exclusive means to establish an agency or partnership relationship between a hospital and any other person described in this paragraph. History.—ss. 26, 30, ch. 82-182; s. 1, ch. 82-402; s. 3, ch. 85-175; s. 3, ch. 88-1; s. 2, ch. 88-277; s. 4, ch. 89-162; s. 14, ch. 90-344; ss. 12, 13, 98, ch. 92-289; s. 726, ch. 95-148; s. 213, ch. 96-406; s. 24, ch. 98-89; s. 21, ch. 98-166; s. 13, ch. 2000-160; s. 43, ch. 2007-230. Note.—Former s. 395.0115.
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Annotations, Discussions, Cases:
Cases Citing Statute 395.0193
Total Results: 30
984 So. 2d 478, 2008 WL 596700
Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177
Cited 68 times | Published
be introduced into evidence in civil actions. § 395.0193(8), Fla. Stat. (2002).[7] Furthermore, to allow
990 So. 2d 503, 2008 WL 3926860
Supreme Court of Florida | Filed: Aug 28, 2008 | Docket: 1687740
Cited 38 times | Published
assurance committees of the hospital" pursuant to section 395.0193(3)(g), Florida Statutes (1999). Lloyd, 2000
959 So. 2d 176, 2007 WL 1498968
Supreme Court of Florida | Filed: May 24, 2007 | Docket: 528349
Cited 16 times | Published
fails to maintain financial responsibility. See § 395.0193(2)-(4), Fla. Stat. (requiring hospitals and their
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
thoracic aortic dissections and aneurysms.
. § 395.0193, Fla. Stat. (1998) (each licensed facility shall
33 F.3d 1318, 1994 U.S. App. LEXIS 27659
Court of Appeals for the Eleventh Circuit | Filed: Oct 4, 1994 | Docket: 64018310
Cited 13 times | Published
IV 1992), and under Florida law, Fla.Stat.Ann. § 395.0193(5) (West 1993). Because we conclude that the
710 So. 2d 567, 1997 WL 821400
District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1444951
Cited 12 times | Published
Complaint based upon a change in the wording of section 395.0193, Florida Statutes (1995). Subsequently, the
917 So. 2d 336, 2005 Fla. App. LEXIS 20143, 2005 WL 3499935
District Court of Appeal of Florida | Filed: Dec 23, 2005 | Docket: 2539311
Cited 11 times | Published
that one or more of the grounds specified in section 395.0193(3), Florida Statutes (2001),[1] existed prior
932 So. 2d 344, 2006 WL 566084
District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1285604
Cited 10 times | Published
Fla. Stat. (2005) (internal risk management); § 395.0193(8), Fla. Stat. (2005) (peer review). In addition
948 So. 2d 803, 2006 Fla. App. LEXIS 21558, 2006 WL 3780681
District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1769930
Cited 7 times | Published
under sections 395.0193(8) and 766.101(5). Section 395.0193(8), which is located in chapter 395 of the
741 So. 2d 1226, 1999 WL 777530
District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 453146
Cited 7 times | Published
Assurance of the agency. (Emphasis supplied).
Section 395.0193(3) provides in part as follows:
If reasonable
645 So. 2d 530, 1994 WL 617202
District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1223114
Cited 7 times | Published
of evaluation and review by such committee.
Section 395.0193 provides that,
(7) The investigations, proceedings
108 So. 3d 684, 2013 WL 598417, 2013 Fla. App. LEXIS 2509
District Court of Appeal of Florida | Filed: Feb 18, 2013 | Docket: 60229200
Cited 6 times | Published
erroneously denying immunity from suit pursuant to section 395.0193(5), Florida Statutes); Seminole Tribe of Fla
770 So. 2d 752, 17 I.E.R. Cas. (BNA) 142, 2000 Fla. App. LEXIS 15029
District Court of Appeal of Florida | Filed: Nov 17, 2000 | Docket: 1779032
Cited 5 times | Published
in the practice of medicine. Additionally, section 395.0193 mandates that (1) hospitals establish peer
720 So. 2d 1151, 1998 WL 796711
District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1718898
Cited 3 times | Published
Medical Center for two years, pursuant to section 395.0193, Florida Statutes (1997). We hold that this
16 So. 3d 914, 2009 Fla. App. LEXIS 10720, 2009 WL 2382995
District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1746790
Cited 1 times | Published
ground that they are immune from suit under section 395.0193, Florida Statutes (2002).
The petition challenges
403 F. Supp. 2d 1182, 2005 WL 3620200, 2005 U.S. Dist. LEXIS 30818
District Court, S.D. Florida | Filed: Nov 30, 2005 | Docket: 2358419
Cited 1 times | Published
days after Kevin Bravo Rodriguez was born. Section 395.0193 of the Florida Statutes, "Licensed Facilities:
Court of Appeals for the Eleventh Circuit | Filed: May 14, 2024 | Docket: 68187776
Published
Argued: Jan 23, 2024
formal peer review meetings, see
Fla. Stat. § 395.0193(2), and report certain serious adverse patient
District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123871
Published
review panel or medical review committee. Section
395.0193 pertains to the "process of investigating
District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123870
Published
review panel or medical review committee. Section
395.0193 pertains to the "process of investigating
District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123869
Published
review panel or medical review committee. Section
395.0193 pertains to the "process of investigating
District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954651
Published
and credentialing discovery
immunities in section 395.0193(8), Florida Statutes (2020), and provided
229 So. 3d 277
Supreme Court of Florida | Filed: Oct 26, 2017 | Docket: 6180334
Published
established, regular operation.’).”); see generally § 395.0193, Fla. Stat. (2017) (requiring licensed health
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
recommendation .to the- medical executive committee. § 395.0193(2), Fla. Stat. (2009). The medical executive
200 So. 3d 98, 2015 Fla. App. LEXIS 18484, 2015 WL 8483919
District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60256924
Published
peer review proceedings under Florida law.
Section 395.0193, Florida Statutes, provides that “[e]ach licensed
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
as set forth in the hospital bylaws and in section 395.0193, Florida Statutes (1995), which entitlements
739 So. 2d 695, 1999 Fla. App. LEXIS 11870, 1999 WL 682628
District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 64790304
Published
peer review, and quality assurance programs. See § 395.0193(7), Fla. Stat. (1997). Further, Florida Hospital
720 So. 2d 1161, 1998 Fla. App. LEXIS 14899, 1998 WL 821711
District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 64784392
Published
Bylaws, as well as the mandatory provisions of section 395.0193, Florida Statutes (1997). Because the Verified
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
0191(8) (West Supp.1997) (emphasis added). Section 395.0193(7) applies the same rule to a hospital’s “peer
662 So. 2d 1385, 1995 Fla. App. LEXIS 12489, 1995 WL 699825
District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760218
Published
(1991), has been amended and renumbered as section 395.0193, Florida Statutes (1993). Ch. 92-289, § 12
Florida Attorney General Reports | Filed: Feb 6, 1995 | Docket: 3256086
Published
pursuant to section 395.0193, Florida Statutes?
In sum:
The exemption provided in section 395.0193, Florida
