Requirements to Go Bare in Florida
In order to Go Bare in Florida, a doctor must comply with Florida Statute 458.320(1)(g). The requirements are as follows:
- The doctor must post a sign in their waiting room containing the required statutory language. Click Here to see sign provided by our office.
- The doctor must fill out a form with DOH indicating their decision to Go Bare. Click Here to Get Form
There are many misconceptions about Going Bare in Florida (Myths to Going BARE). A doctor does not need to post a bond, obtain a letter of credit, or put away funds. The statutory language merely requires a doctor to sign an attestation, that in the event of a judgment, they will satisfy it up to $100,000 or $250,000 if they don’t have privileges. This attestation amounts to merely an unsecured “promise” to pay.
If a doctor receives a judgment and fails to honor their promise to pay the $100,000 (or $250,000 if the doctor has hospital privileges), the DOH shall suspend the doctor’s license. For a doctor wishing to continue practicing medicine this is a serious consequence. The funds are not payable however until 60 days after the judgment, so the doctor will usually have plenty of time to plan for this eventuality and hopefully avoid it altogether. Once the doctor honors his or her “promise” and pays the required statutory minimum, the DOH has no power to compel the doctor to pay the balance of the judgment or place any restrictions on the doctor’s license.