CS for SB 1590 - Medical Malpractice

• Creates expert witness certificates for out-of-state physicians (Chapter 458, 459) and dentists (Chapter 466) licensed in other states or Canadian provinces, valid for 2 years, with a $50 application fee and 10-business-day approval process.

• Requires Board of Medicine and Board of Osteopathic Medicine to adopt standard informed consent forms for cataract surgery within 90 days; incidents resulting from disclosed risks are not considered adverse incidents, and executed forms create a rebuttable presumption of proper risk disclosure in civil or administrative proceedings.

• Adds deceptive or fraudulent expert witness testimony as grounds for disciplinary action against physicians and dentists; excludes insurer reimbursement policies and federal requirement violations from admissibility as evidence in medical negligence cases.

• Requires presuit notice of medical negligence claims to be accompanied by an executed authorization form for release of protected health information; failure to complete authorization in good faith is grounds for dismissal of the claim with defendant's costs and attorney's fees awarded.

• Modifies liability protections for volunteer team physicians and practitioners conducting school-based evaluations by requiring immunity only when care or evaluation is not rendered "in a wrongful manner" (defined as bad faith, malicious purpose, or wanton and willful disregard).