Dr Chet Evans, DPM who was the Chair of the Board resigned in February 2017 in protest at progress to protect voluntary members of the professionals’ boards from personal litigation. Another Board member, Dr Scott Koppel, DPM also resigned from the board at the same time. Dr Evans told NBC2 News:
“I’m not happy that I had to resign but in good conscience for my family, my friends and my future, I felt I had to,”
“What sensible person would volunteer to serve the state, or any organization for that matter, with the potential to be sued for everything you own,”
The situation arose from a Federal Trade Commission suit against the North Carolina Board of Dental Examiners under antitrust laws. Individual board members could now be sued for cases that involved a restraint of trade.
NBC2 News reported:
In a statement, Kerri Wyland from the Press Office of Governor Rick Scott said, “Our office is aware of the issue and understands that the Legislature is discussing potential solutions. Governor Scott will review any legislation that makes it to his desk.”
Sen. Jack Latvala, R-Clearwater, filed legislation earlier this year that would protect board members from lawsuits.
The minutes of the Florida Board of Podiatric Medicine meeting on 3 February 2017 reported on this discussion:
The board members discussed their concerns, which had been expressed in two letters presented by the board to Governor Scott in April and December 2016, regarding their potential personal liability exposure in the event of an anti-trust suit. The Bureau Chief for Health Care Practitioner Regulation, Ms. Adrienne Rodgers, explained the difference between the attorney general’s presentation in 2015, which stated that there was no defense provided for board members in the event of an anti-trust suit through DFS Risk Management, and the actuality that s. 456.008(2), Florida Statutes, requires the department to provide a legal defense in the event of any lawsuit, including an anti-trust suit. She advised, however, if damages were awarded in an anti-trust suit, personal liability exposure for a board member still exists. The board members were advised that their board counsel is well qualified to guide them in addressing potential anti-trust situations, helping them avoid matters that may involve an anti-trust suit, and that the OLA Anti-trust Division was also available for input and insight on more questionable issues. Ms. Rodgers concluded by saying that Governor Scott is aware of the situation and he is working diligently with the Legislature to address the concerns of the boards. Upon conclusion of the presentation Dr. Chet Evans, the board chair, tendered his resignation following the resignation of Dr. Scott Koppel.
Dr Evans is currently the Chief Health Innovation Officer at Rollins College in Winter Park, FL and the CEO of AnchorMed in Winter Garden, Fl. He was previously the Vice President for Medical Affairs, Dean and Professor of Surgery at the Barry University Division of Medicine with responsibility for the podiatry program in Miami Shores, Fl.
Update: 13 May 2017
All members of another Board, Board of Employee Leasing Companies, have now resigned after the legislature failed to pass legislation that would protect board members from the issues raised above. Dr Evans is quoted as saying: “I think there will be some of them reconsidering their decision to stay on board.” Source: NBC2 News.
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