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A bill to be entitled 1
An act relating to COVID -19 mandates and treatment 2
options; amending ss. 381.00316 and 381.00319, F.S.; 3
providing legislative findings and intent; providing 4
definitions; prohibiting business entities, 5
governmental entities, and educational institutions 6
from imposing COVID-19 testing, facial covering, and 7
vaccination mandates; prohibiting discrimination by 8
such entities based on knowledge or belief of a 9
person's COVID-19 vaccination or postinfection 10
recovery status or refusal to take a COVID -19 test; 11
providing an exception; authorizing the Department of 12
Legal Affairs and the Department of Health, 13
respectively, to impose specified fines for certain 14
violations; providing for remedies; providing 15
construction; creating s. 395.1057, F.S.; prohibiting 16
hospitals from interfering with a patient's right to 17
choose COVID-19 treatment alternatives; providing for 18
disciplinary action; creating s. 408.833, F.S.; 19
providing definitions; requiring the Agency for Health 20
Care Administration and the Department of Health to 21
jointly develop facial covering standards and publish 22
such standards on their respective websites by 23
specified dates; providing for emergency rulemaking; 24
requiring health care providers and health care 25
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practitioners to adopt facial covering policies and 26
procedures and publish or conspicuously display such 27
policies and procedures in a certain manner by a 28
specified date; prohibiting such providers and 29
practitioners from requiring persons to wear facial 30
coverings beginning on a specified date; providing for 31
disciplinary action; creating s. 456.62, F.S.; 32
requiring health care practitioners treating patients 33
diagnosed with COVID -19 to obtain informed consent 34
before prescribing any medications; providing 35
requirements for such consent; requiring health care 36
practitioners to record certain compliance or 37
noncompliance in patients' medical records; providing 38
construction; amending s. 465.0266, F.S.; exempting 39
certain pharmacists from disciplinary action under 40
certain conditions; providing an effective date. 41
42
Be It Enacted by the Legislature of the State of Florida: 43
44
Section 1. Section 381.00316, Florida Statutes, is amended 45
to read: 46
381.00316 Discrimination based on COVID-19 vaccination or 47
postinfection recovery status; refusal to wear a facial 48
covering; COVID-19 test vaccine documentation .— 49
(1)(a) The Legislature finds that society is harmed by 50
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discrimination based on COVID -19 vaccination or postinfection 51
recovery status because healthy persons are deprived of 52
participating in society and accessing employment oppor tunities. 53
The Legislature further finds and declares that remedies to 54
prevent such discrimination are in the best interest of this 55
state. 56
(b) It is the intent of the Legislature that Floridians be 57
free from facial covering and COVID -19 vaccination mandat es of 58
any kind and discrimination based on COVID -19 vaccination or 59
postinfection recovery status or refusal to take a COVID -19 60
test. It is further the intent of the Legislature that 61
Floridians receive adequate informed consent regarding treatment 62
alternatives for COVID-19. 63
(2) As used in this section, the term: 64
(a) "Business entity" has the same meaning as in s. 65
606.03. The term also includes a charitable organization as 66
defined in s. 496.404, a corporation not for profit as defined 67
in s. 617.01401, a private club, or any other business operating 68
in this state. 69
(b) "Department" means the Department of Legal Affairs. 70
(c) "Facial covering" has the same meaning as in s. 71
408.833(1). 72
(d) "Governmental entity" means this state or any 73
political subdivision thereof, including the executive, 74
legislative, and judicial branches of government; the 75
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independent establishments of the state, counties, 76
municipalities, districts, authorities, boards, or commissions; 77
or any agencies subject to chapter 286. The term d oes not 78
include an educational institution as defined in s. 79
381.00319(1). 80
(3)(1) A business entity, as defined in s. 768.38 to 81
include any business operating in this state, may not require 82
any person patrons or customers to provide any documentation 83
certifying COVID-19 vaccination or postinfection recovery or 84
require any person to take a COVID -19 test to gain admission or 85
access to, entry upon, or service from the business entity 86
operations in this state, or as a condition of contracting, 87
hiring, promotion, or continued employment with the business 88
entity. A business entity may not refuse to hire or discharge 89
any person, deprive or tend to deprive any person of employment 90
opportunities or adversely affect any person's status as an 91
employee or as an applica nt for employment, or otherwise 92
discriminate against any person with respect to compensation, 93
terms, conditions, or privileges of employment based on 94
knowledge or belief of the person's COVID -19 vaccination or 95
postinfection recovery status or the person's failure to take a 96
COVID-19 test. This subsection does not otherwise restrict 97
business entities businesses from instituting screening 98
protocols consistent with authoritative or controlling 99
government-issued guidance to protect public health. 100
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(4)(2) A governmental entity as defined in s. 768.38 may 101
not require any person persons to provide any documentation 102
certifying COVID-19 vaccination or postinfection recovery or 103
require any person to take a COVID -19 test to gain admission or 104
access to, entry upon, or s ervice from the governmental entity's 105
operations in this state , or as a condition of contracting, 106
hiring, promotion, or continued employment with the governmental 107
entity. A governmental entity may not refuse to hire or 108
discharge any person, deprive or tend to deprive any person of 109
employment opportunities or adversely affect any person's status 110
as an employee, or otherwise discriminate against any person 111
with respect to compensation, terms, conditions, or privileges 112
of employment based on the knowledge or b elief of the person's 113
COVID-19 vaccination or postinfection recovery status or the 114
person's failure to take a COVID -19 test. This subsection does 115
not otherwise restrict governmental entities from instituting 116
screening protocols consistent with authoritativ e or controlling 117
government-issued guidance to protect public health. 118
(5)(a) Notwithstanding paragraph (b), or any other law to 119
the contrary, a business entity or a governmental entity may not 120
require any person to wear a facial covering and may not deny 121
any person admission or access to, entry upon, or service from 122
the entity or otherwise discriminate against any person based on 123
the person's refusal to wear a facial covering. 124
(b) This subsection does not apply to a health care 125
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provider or a health care practitioner as those terms are 126
defined in s. 408.833(1), provided that such provider or 127
practitioner is in compliance with s. 408.833. 128
(3) An educational institution as defined in s. 768.38 may 129
not require students or residents to provide any documentation 130
certifying COVID-19 vaccination or postinfection recovery for 131
attendance or enrollment, or to gain access to, entry upon, or 132
service from such educational institution in this state. This 133
subsection does not otherwise restrict educational inst itutions 134
from instituting screening protocols consistent with 135
authoritative or controlling government -issued guidance to 136
protect public health. 137
(6)(a)(4) The department may impose an administrative a 138
fine not to exceed $5,000 per each individual and sepa rate 139
violation of this section. 140
(b) Fines collected pursuant to this subsection must be 141
deposited into the General Revenue Fund. 142
(c) This subsection does not limit the right of any person 143
aggrieved by a violation of this section to recover damages or 144
other relief under any other applicable law. 145
(d) If a governmental entity fails to comply with 146
subsection (4) or subsection (5), an employee terminated based 147
on such noncompliance may be eligible for reemployment 148
assistance under chapter 443, in addition to any other remedy 149
available to the employee for a violation of this section. 150
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(e) For purposes of an investigation or proceeding 151
conducted by the department, the department may administer 152
oaths, take depositions, make inspections when authorized by 153
law, issue subpoenas supported by affidavit, serve subpoenas and 154
other process, and compel the attendance of witnesses and the 155
production of books, papers, documents, and other evidence. 156
Challenges to and enforcement of subpoenas or orders shall be in 157
accordance with s. 120.569. 158
(5) This section does not apply to a health care provider 159
as defined in s. 768.38; a service provider licensed or 160
certified under s. 393.17, part III of chapter 401, or part IV 161
of chapter 468; or a provider with an active health care clinic 162
exemption under s. 400.9935. 163
(7)(6) The department may adopt rules pursuant to ss. 164
120.536 and 120.54 to implement this section. 165
Section 2. Section 381.00319, Florida Statutes, is amended 166
to read: 167
381.00319 Prohibition on facial covering and COVID-19 168
vaccination and testing mandates for students.— 169
(1) For purposes of this section, the term: 170
(a) "COVID-19" means the novel coronavirus identified as 171
SARS-CoV-2; any disease caused by SARS -CoV-2, its viral 172
fragments, or a virus mutating there from; and all conditions 173
associated with the disease which are caused by SARS -CoV-2, its 174
viral fragments, or a virus mutating therefrom has the same 175
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meaning as in s. 381.00317(1) . 176
(b) "Educational institution" means a public or private 177
school, including a preschool, elementary school, middle school, 178
junior high school, secondary school, career center, or 179
postsecondary school has the same meaning as in s. 112.0441(1) . 180
(c) "Facial covering" has the same meaning as in s. 181
408.833(1). 182
(c) "Parent" has the same meaning as in s. 1000.21(5). 183
(2)(a) Notwithstanding any other law to the contrary, An 184
educational institution or elected or appointed local official 185
may not impose a COVID -19 vaccination mandate on for any person 186
student. 187
(b) An educational instit ution may not require any person 188
to provide any documentation certifying COVID -19 vaccination or 189
postinfection recovery or require any person to take a COVID -19 190
test to gain admission or access to, entry upon, or service from 191
the educational institution in this state. An educational 192
institution may not otherwise discriminate against any person 193
based on the person's COVID -19 vaccination or postinfection 194
recovery status or the person's failure to take a COVID -19 test. 195
(3)(a) Notwithstanding paragraph (b), o r any other law to 196
the contrary, an educational institution may not require any 197
person to wear a facial covering and may not deny any person 198
admission or access to, entry upon, or service from the 199
institution or otherwise discriminate against any person ba sed 200
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on the person's refusal to wear a facial covering. 201
(b) This subsection does not apply to an educational 202
institution when a facial covering is used as required safety 203
equipment in a course of study consistent with occupational or 204
laboratory safety req uirements. 205
(4)(a) The Department of Health may impose an 206
administrative fine not to exceed $5,000 per each individual and 207
separate violation of this section. 208
(b) Fines collected pursuant to this subsection must be 209
deposited into the General Revenue Fun d. 210
(c) This subsection does not limit the right of any person 211
aggrieved by a violation of this section to recover damages or 212
other relief under any other applicable law. 213
(d) For purposes of an investigation or proceeding 214
conducted by the Department of Health, the department may 215
administer oaths, take depositions, make inspections when 216
authorized by law, issue subpoenas supported by affidavit, serve 217
subpoenas and other process, and compel the attendance of 218
witnesses and the production of books, papers, d ocuments, and 219
other evidence, respectively. Challenges to and enforcement of 220
subpoenas or orders shall be in accordance with s. 120.569 221
(3) A parent of a student, a student who is an emancipated 222
minor, or a student who is 18 years of age or older may bri ng an 223
action against the educational institution to obtain a 224
declaratory judgment that an act or practice violates this 225
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section and to seek injunctive relief. A prevailing parent or 226
student, as applicable, must be awarded reasonable attorney fees 227
and court costs. 228
(4) This section expires June 1, 2023. 229
Section 3. Section 395.1057, Florida Statutes, is created 230
to read: 231
395.1057 Patients' right to choose COVID -19 treatment 232
alternatives.—In accordance with s. 456.62, a hospital may not 233
interfere with a patient's right to choose COVID -19 treatment 234
alternatives as recommended by a health care practitioner with 235
privileges at the hospital. Any hospital that violates this 236
section by preventing a health care practitioner from exercising 237
his or her sound judgme nt is subject to agency disciplinary 238
action under s. 395.1065(2). 239
Section 4. Section 408.833, Florida Statutes, is created 240
to read: 241
408.833 Facial covering requirements in health care 242
facilities.— 243
(1) As used in this section, the term: 244
(a) "Department" means the Department of Health. 245
(b) "Facial covering" means a cloth or surgical face mask, 246
a face shield, or any other device that covers the mouth and 247
nose. 248
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(c) "Health care practitioner" has the same meaning as in 249
s. 456.001. The term do es not include a health care practitioner 250
who is employed by a health care provider. 251
(d) "Health care provider" means a health care provider as 252
defined in s. 408.07; a service provider licensed or certified 253
under s. 393.17, part III of chapter 401, or pa rt IV of chapter 254
468; a provider with an active health care clinic exemption 255
under s. 400.9935; an optical establishment permitted under s. 256
484.007; a massage establishment licensed under s. 480.043; a 257
pharmacy as defined in s. 465.003; or an office regist ered under 258
s. 459.0138. 259
(2)(a) By July 1, 2023, the agency and the department 260
shall jointly develop standards for the appropriate use of 261
facial coverings for infection control in health care settings. 262
(b) The agency and the department shall publish suc h 263
standards on their respective websites and provide a link on 264
their respective websites to report violations of such 265
standards. 266
(c) The agency and the department shall adopt emergency 267
rules to jointly develop such standards. Emergency rules adopted 268
under this subsection are exempt from s. 120.54(4)(c) and shall 269
remain in effect until replaced by rules adopted under the 270
nonemergency rulemaking procedures of the Administrative 271
Procedure Act. 272
(3) By August 1, 2023, health care providers and health 273
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care practitioners must adopt facial covering policies and 274
procedures based on the standards developed under subsection (2) 275
and publish such policies and procedures on the homepages of 276
their respective websites or conspicuously display such policies 277
and procedures in the lobbies of their respective practice 278
settings. 279
(4) Effective August 1, 2023, health care providers and 280
health care practitioners may not require any person to wear a 281
facial covering in any circumstance unless it is in accordance 282
with the policies and procedures adopted under subsection (3). 283
(5) Effective August 1, 2023, a health care provider or a 284
health care practitioner that violates this section is subject 285
to disciplinary action by the agency or the department, as 286
applicable. 287
Section 5. Section 456.62, Florida Statutes, is created to 288
read: 289
456.62 Communication of COVID -19 treatment alternatives. — 290
(1) A health care practitioner treating a patient 291
diagnosed with COVID -19 shall obtain the informed consent of the 292
patient or the patie nt's legal representative before prescribing 293
any medication for the treatment of COVID -19. 294
(2) Informed consent shall include an explanation of 295
alternative medications for the treatment of COVID -19 and the 296
relative advantages, disadvantages, and risks a ssociated with 297
alternative medications to the extent necessary to allow the 298
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patient or the patient's legal representative to make a prudent 299
decision regarding treatment. 300
(3) In determining which alternative medications to 301
include in the informed consent, the health care practitioner 302
shall consider any medications currently authorized or approved 303
by the United States Food and Drug Administration for the 304
treatment of COVID-19 and use his or her best clinical judgment 305
to identify any alternative medications that could reasonably be 306
expected to benefit the patient. 307
(4) In providing such information, the health care 308
practitioner shall consider the physical state of the patient 309
and the patient's ability to understand the information. 310
(5) A health care practi tioner shall record his or her 311
compliance or noncompliance with this section in the patient's 312
medical record. 313
(6) This section does not supersede any other provision of 314
law regarding informed consent. 315
Section 6. Section 465.0266, Florida Statutes, is amended 316
to read: 317
465.0266 Common database. —Nothing contained in This 318
chapter does not shall be construed to prohibit the dispensing 319
by a pharmacist licensed in this state or another state of a 320
prescription contained in a common database, and such dispen sing 321
may shall not constitute a transfer as defined in s. 465.026(1) -322
(6), provided that the following conditions are met: 323
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(1) All pharmacies involved in the transactions pursuant 324
to which the prescription is dispensed are under common 325
ownership and utilize a common database. 326
(2) All pharmacies involved in the transactions pursuant 327
to which the prescription is dispensed and all pharmacists 328
engaging in dispensing functions are properly licensed, 329
permitted, or registered in this state or another state. 330
(3) The common database maintains a record of all 331
pharmacists involved in the process of dispensing a 332
prescription. 333
(4) The owner of the common database maintains a policy 334
and procedures manual that governs its participating pharmacies, 335
pharmacists, and pharmacy employees and that is available to the 336
board or its agent upon request. The policy and procedures 337
manual shall include the following information: 338
(a) A best practices model detailing how each pharmacy and 339
each pharmacist accessing the common data base will comply with 340
applicable federal and state laws, rules, and regulations. 341
(b) The procedure for maintaining appropriate records for 342
regulatory oversight for tracking a prescription during each 343
stage of the filling and dispensing process, identifyi ng the 344
pharmacists involved in filling and dispensing the prescription 345
and counseling the patient, and responding to any requests for 346
information made by the board under s. 465.0156. 347
(c) The policy and procedure for providing adequate 348
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security to protect the confidentiality and integrity of patient 349
information. 350
(d) A quality assurance program designed to objectively 351
and systematically monitor, evaluate, and improve the quality 352
and appropriateness of patient care through the use of the 353
common database. 354
355
Any pharmacist dispensing a prescription has at all times the 356
right and obligation to exercise his or her independent 357
professional judgment. Any pharmacist properly dispensing an 358
alternative medication prescribed for the treatment of COVID -19 359
pursuant to s. 456.62 is not subject to disciplinary action by 360
the board or the department, as applicable. Notwithstanding 361
other provisions in this section, a no pharmacist licensed in 362
this state participating in the dispensing of a prescription 363
pursuant to this sectio n is not shall be responsible for the 364
acts and omissions of another person participating in the 365
dispensing process provided such person is not under the direct 366
supervision and control of the pharmacist licensed in this 367
state. 368
Section 7. This act shall take effect June 1, 2023. 369