FL
Florida House Bill H1013

Florida 2023 Regular Session

Florida House Bill H1013 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
15-An act relating to protection from discrimination 2
16-based on health care choices; amending s. 381.00316, 3
17-F.S.; providing legislative intent and findings; 4
18-defining terms; prohibiting business and governmental 5
19-entities from requiring certain documentation or 6
20-COVID-19 testing to gain access to, entry upon, or 7
21-service from such entities or as a condition of 8
22-contracting, hiring, promotion, or continued 9
23-employment; prohibiting such entities from discharging 10
24-or refusing to hire persons, depriving or attempting 11
25-to deprive persons of employment opportunities, 12
26-adversely affecting persons with respect to 13
27-employment, or otherwise discriminating against 14
28-persons based on their vaccination or COVID -19 15
29-postinfection recovery status or failure to take a 16
30-COVID-19 test; requiring such entities to provide 17
31-exemptions and reasonable accommodations for religious 18
32-and medical reasons; prohibiting such entities from 19
33-requiring persons to wear certain facial coverings to 20
34-gain admission or access to, entry upon, or services 21
35-from such entities or from otherwise discriminating 22
36-against persons based on their refusal to wear certain 23
37-facial coverings; providing exceptions; requiring the 24
38-Department of Health to adopt certain emergency rules; 25
15+An act relating to COVID -19 mandates and treatment 2
16+options; amending ss. 381.00316 and 381.00319, F.S.; 3
17+providing legislative findings and intent; providing 4
18+definitions; prohibiting business entities, 5
19+governmental entities, and educational institutions 6
20+from imposing COVID-19 testing, facial covering, and 7
21+vaccination mandates; prohibiting discrimination by 8
22+such entities based on knowledge or belief of a 9
23+person's COVID-19 vaccination or postinfection 10
24+recovery status or refusal to take a COVID -19 test; 11
25+providing an exception; authorizing the Department of 12
26+Legal Affairs and the Department of Health, 13
27+respectively, to impose specified fines for certain 14
28+violations; providing for remedies; providing 15
29+construction; creating s. 395.1057, F.S.; prohibiting 16
30+hospitals from interfering with a patient's right to 17
31+choose COVID-19 treatment alternatives; providing for 18
32+disciplinary action; creating s. 408.833, F.S.; 19
33+providing definitions; requiring the Agency for Health 20
34+Care Administration and the Department of Health to 21
35+jointly develop facial covering standards and publish 22
36+such standards on their respective websites by 23
37+specified dates; providing for emergency rulemaking; 24
38+requiring health care providers and health care 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-providing administrative penalties; authorizing the 26
52-Department of Legal Affairs to take specified actions 27
53-for purposes of conducting investigations and 28
54-proceedings; requiring that collected fines be 29
55-deposited in the General Revenue Fund; providing 30
56-construction; providing that certain terminated 31
57-employees may be eligible for reemployment assistance; 32
58-amending s. 381.00319, F.S.; revising and defining 33
59-terms; revising provisions related to the prohibition 34
60-on COVID-19-related mandates by educational 35
61-institutions; prohibiting educational institutions 36
62-from imposing certain vaccination mandates; 37
63-prohibiting educational institutions from requiring 38
64-persons to provide certain documentation or COVID -19 39
65-testing to gain access to, entry upon, or service from 40
66-such institutions or otherwise discriminating against 41
67-persons based on their vaccination or COVID -19 42
68-postinfection recovery status or failure to take a 43
69-COVID-19 test; requiring educational institutions to 44
70-provide exemptions and reasonable accommodations for 45
71-religious and medical reasons; prohibiting educational 46
72-institutions from requiring persons to wear certain 47
73-facial coverings, from denying persons admission or 48
74-access to, entry upon, or services from such 49
75-institutions or from otherwise discriminating against 50
51+practitioners to adopt facial covering policies and 26
52+procedures and publish or conspicuously display such 27
53+policies and procedures in a certain manner by a 28
54+specified date; prohibiting such providers and 29
55+practitioners from requiring persons to wear facial 30
56+coverings beginning on a specified date; providing for 31
57+disciplinary action; creating s. 456.62, F.S.; 32
58+requiring health care practitioners treating patients 33
59+diagnosed with COVID -19 to obtain informed consent 34
60+before prescribing any medications; providing 35
61+requirements for such consent; requiring health care 36
62+practitioners to record certain compliance or 37
63+noncompliance in patients' medical records; providing 38
64+construction; amending s. 465.0266, F.S.; exempting 39
65+certain pharmacists from disciplinary action under 40
66+certain conditions; providing an effective date. 41
67+ 42
68+Be It Enacted by the Legislature of the State of Florida: 43
69+ 44
70+ Section 1. Section 381.00316, Florida Statutes, is amended 45
71+to read: 46
72+ 381.00316 Discrimination based on COVID-19 vaccination or 47
73+postinfection recovery status; refusal to wear a facial 48
74+covering; COVID-19 test vaccine documentation .— 49
75+ (1)(a) The Legislature finds that society is harmed by 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-persons based on their refusal to wear certain facial 51
89-coverings; providing exceptions; requiring the 52
90-Department of Health to adopt certain emergency rules; 53
91-providing administrative penalties; authorizing the 54
92-department to take specified actions for purposes of 55
93-conducting investigations and proceedings; requiring 56
94-that collected fines be deposited in the General 57
95-Revenue Fund; providing construction; authorizing the 58
96-department to adopt rules; creating s. 381.00321, 59
97-F.S.; prohibiting governmental entities and 60
98-educational institutions from adopting, implementing, 61
99-or enforcing certain public health policies and 62
100-guidelines unless authorized by state law, rule, or 63
101-executive order; creating s. 395.1057, F.S.; 64
102-prohibiting hospitals from interfering with patients' 65
103-right to choose COVID -19 treatment alternatives if 66
104-certain conditions are met; providing for disciplinary 67
105-action; creating s. 408.824, F.S.; defining terms; 68
106-requiring the Agency for Health Care Administration 69
107-and the Department of Health to jointly develop 70
108-standards for the appropriate use of certain facial 71
109-coverings in health care settings by a specified date; 72
110-requiring the agency and the department to adopt 73
111-emergency rules to develop such standards; requiring 74
112-the agency and the department to post such standards 75
88+discrimination based on COVID -19 vaccination or postinfection 51
89+recovery status because healthy persons are deprived of 52
90+participating in society and accessing employment oppor tunities. 53
91+The Legislature further finds and declares that remedies to 54
92+prevent such discrimination are in the best interest of this 55
93+state. 56
94+ (b) It is the intent of the Legislature that Floridians be 57
95+free from facial covering and COVID -19 vaccination mandat es of 58
96+any kind and discrimination based on COVID -19 vaccination or 59
97+postinfection recovery status or refusal to take a COVID -19 60
98+test. It is further the intent of the Legislature that 61
99+Floridians receive adequate informed consent regarding treatment 62
100+alternatives for COVID-19. 63
101+ (2) As used in this section, the term: 64
102+ (a) "Business entity" has the same meaning as in s. 65
103+606.03. The term also includes a charitable organization as 66
104+defined in s. 496.404, a corporation not for profit as defined 67
105+in s. 617.01401, a private club, or any other business operating 68
106+in this state. 69
107+ (b) "Department" means the Department of Legal Affairs. 70
108+ (c) "Facial covering" has the same meaning as in s. 71
109+408.833(1). 72
110+ (d) "Governmental entity" means this state or any 73
111+political subdivision thereof, including the executive, 74
112+legislative, and judicial branches of government; the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-on their respective websites and provide a link for 76
126-reporting related violations; requiring certain health 77
127-care practitioners and all health care providers to 78
128-establish facial covering policies and procedures by a 79
129-specified date; providing requirements for such 80
130-policies and procedures; requiring such health care 81
131-practitioners and health care providers to make their 82
132-policies and procedures easily accessible on their 83
133-respective websites; prohibiting, beginning on a 84
134-specified date, health care practitioners and health 85
135-care providers from requiring persons to wear a faci al 86
136-covering for any reason unless the requirement is in 87
137-accordance with specified policies and procedures; 88
138-providing for disciplinary action; creating s. 456.62, 89
139-F.S.; requiring health care practitioners treating 90
140-patients diagnosed with COVID -19 to obtain patients' 91
141-informed consent before prescribing any medications 92
142-for treatment of COVID -19; providing a requirement for 93
143-obtaining such informed consent; requiring health care 94
144-practitioners to include certain information and use 95
145-their best clinical judgment wh en making certain 96
146-determinations related to alternative medications for 97
147-treatment of COVID-19; requiring health care 98
148-practitioners to indicate certain information in their 99
149-patients' medical records; providing construction; 100
125+independent establishments of the state, counties, 76
126+municipalities, districts, authorities, boards, or commissions; 77
127+or any agencies subject to chapter 286. The term d oes not 78
128+include an educational institution as defined in s. 79
129+381.00319(1). 80
130+ (3)(1) A business entity, as defined in s. 768.38 to 81
131+include any business operating in this state, may not require 82
132+any person patrons or customers to provide any documentation 83
133+certifying COVID-19 vaccination or postinfection recovery or 84
134+require any person to take a COVID -19 test to gain admission or 85
135+access to, entry upon, or service from the business entity 86
136+operations in this state, or as a condition of contracting, 87
137+hiring, promotion, or continued employment with the business 88
138+entity. A business entity may not refuse to hire or discharge 89
139+any person, deprive or tend to deprive any person of employment 90
140+opportunities or adversely affect any person's status as an 91
141+employee or as an applica nt for employment, or otherwise 92
142+discriminate against any person with respect to compensation, 93
143+terms, conditions, or privileges of employment based on 94
144+knowledge or belief of the person's COVID -19 vaccination or 95
145+postinfection recovery status or the person's failure to take a 96
146+COVID-19 test. This subsection does not otherwise restrict 97
147+business entities businesses from instituting screening 98
148+protocols consistent with authoritative or controlling 99
149+government-issued guidance to protect public health. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-amending s. 465.0266, F.S.; exemp ting certain 101
163-pharmacists from disciplinary action under certain 102
164-circumstances; amending s. 1002.20, F.S.; conforming 103
165-provisions to changes made by the act; deleting the 104
166-future repeal of specified provisions; providing for 105
167-the future repeal of specified pro visions; providing 106
168-effective dates. 107
169- 108
170-Be It Enacted by the Legislature of the State of Florida: 109
171- 110
172- Section 1. Section 381.00316, Florida Statutes, is amended 111
173-to read: 112
174- 381.00316 Discrimination by business and governmental 113
175-entities based on health car e choices; prohibition COVID-19 114
176-vaccine documentation .— 115
177- (1)(a) It is the intent of the Legislature that Floridians 116
178-be free from mandated facial coverings, mandates of any kind 117
179-relating to vaccines as provided in this section, and 118
180-discrimination based on such vaccination status. 119
181- (b) The Legislature finds that society is harmed by 120
182-discrimination based on vaccination status as provided in this 121
183-section when healthy persons are prevented from participating in 122
184-society and accessing employment opportunities. T he Legislature 123
185-further finds that remedies to prevent such discrimination are 124
186-in the best interest of this state. 125
162+ (4)(2) A governmental entity as defined in s. 768.38 may 101
163+not require any person persons to provide any documentation 102
164+certifying COVID-19 vaccination or postinfection recovery or 103
165+require any person to take a COVID -19 test to gain admission or 104
166+access to, entry upon, or s ervice from the governmental entity's 105
167+operations in this state , or as a condition of contracting, 106
168+hiring, promotion, or continued employment with the governmental 107
169+entity. A governmental entity may not refuse to hire or 108
170+discharge any person, deprive or tend to deprive any person of 109
171+employment opportunities or adversely affect any person's status 110
172+as an employee, or otherwise discriminate against any person 111
173+with respect to compensation, terms, conditions, or privileges 112
174+of employment based on the knowledge or b elief of the person's 113
175+COVID-19 vaccination or postinfection recovery status or the 114
176+person's failure to take a COVID -19 test. This subsection does 115
177+not otherwise restrict governmental entities from instituting 116
178+screening protocols consistent with authoritativ e or controlling 117
179+government-issued guidance to protect public health. 118
180+ (5)(a) Notwithstanding paragraph (b), or any other law to 119
181+the contrary, a business entity or a governmental entity may not 120
182+require any person to wear a facial covering and may not deny 121
183+any person admission or access to, entry upon, or service from 122
184+the entity or otherwise discriminate against any person based on 123
185+the person's refusal to wear a facial covering. 124
186+ (b) This subsection does not apply to a health care 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- (2) As used in this section, the term: 126
200- (a) "Business entity" has the same meaning as in s. 127
201-606.03. The term also includes a charitable or ganization as 128
202-defined in s. 496.404, a corporation not for profit as defined 129
203-in s. 617.01401, or any other business operating in this state. 130
204- (b) "COVID-19" means the novel coronavirus identified as 131
205-SARS-CoV-2; any disease caused by SARS -CoV-2, its viral 132
206-fragments, or a virus mutating therefrom; and all conditions 133
207-associated with the disease which are caused by SARS -CoV-2, its 134
208-viral fragments, or a virus mutating therefrom. 135
209- (c) "COVID-19 vaccine" means a preparation designed to 136
210-stimulate the human body's immune response against COVID -19. 137
211- (d) "Department" means the Department of Legal Affairs. 138
212- (e) "Emergency use authorization vaccine" means any 139
213-vaccine that is authorized for emergency use under 21 U.S.C. 140
214-360bbb–3(a)(1) and qualifies as an unapproved pr oduct under 21 141
215-U.S.C. 360bbb–3(a)(2)(A). 142
216- (f) "Governmental entity" means this state or any 143
217-political subdivision thereof, including the executive, 144
218-legislative, and judicial branches of government; the 145
219-independent establishments of the state, counties, 146
220-municipalities, districts, authorities, boards, or commissions; 147
221-or any agencies that are subject to chapter 286. The term does 148
222-not include an educational institution as defined in s. 149
223-381.00319(1). 150
199+provider or a health care practitioner as those terms are 126
200+defined in s. 408.833(1), provided that such provider or 127
201+practitioner is in compliance with s. 408.833. 128
202+ (3) An educational institution as defined in s. 768.38 may 129
203+not require students or residents to provide any documentation 130
204+certifying COVID-19 vaccination or postinfection recovery for 131
205+attendance or enrollment, or to gain access to, entry upon, or 132
206+service from such educational institution in this state. This 133
207+subsection does not otherwise restrict educational inst itutions 134
208+from instituting screening protocols consistent with 135
209+authoritative or controlling government -issued guidance to 136
210+protect public health. 137
211+ (6)(a)(4) The department may impose an administrative a 138
212+fine not to exceed $5,000 per each individual and sepa rate 139
213+violation of this section. 140
214+ (b) Fines collected pursuant to this subsection must be 141
215+deposited into the General Revenue Fund. 142
216+ (c) This subsection does not limit the right of any person 143
217+aggrieved by a violation of this section to recover damages or 144
218+other relief under any other applicable law. 145
219+ (d) If a governmental entity fails to comply with 146
220+subsection (4) or subsection (5), an employee terminated based 147
221+on such noncompliance may be eligible for reemployment 148
222+assistance under chapter 443, in addition to any other remedy 149
223+available to the employee for a violation of this section. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236- (g) "Messenger ribonucleic acid vaccine" means any vaccine 151
237-that uses laboratory -produced messenger ribonucleic acid to 152
238-trigger the human body's immune system to generate an immune 153
239-response. 154
240- (3)(a)(1) A business entity, as defined in s. 768.38 to 155
241-include any business operating in this state, may not require 156
242-any person patrons or customers to provide any documentation 157
243-certifying COVID-19 vaccination with any vaccine defined under 158
244-subsection (2) or postinfection recovery from COVID-19, or 159
245-require a COVID-19 test, to gain access to, entry upon, or 160
246-service from the business operations in this state or as a 161
247-condition of contracting, hiring, promotion, or continued 162
248-employment with the business entity . 163
249- (b) A business entity may not discharge or refuse to hire 164
250-a person; deprive or attempt to deprive a person of employme nt 165
251-opportunities; adversely affect a person's status as an employee 166
252-or as an applicant for employment; or otherwise discriminate 167
253-against a person based on knowledge or belief of the person's 168
254-status relating to vaccination with any vaccine defined under 169
255-subsection (2) or COVID -19 postinfection recovery, or a person's 170
256-failure to take a COVID -19 test. 171
257- (c) For matters relating to vaccines other than those 172
258-defined under subsection (2), a business entity shall provide 173
259-for exemptions and reasonable accommodation s for religious and 174
260-medical reasons in accordance with federal law This subsection 175
236+ (e) For purposes of an investigation or proceeding 151
237+conducted by the department, the department may administer 152
238+oaths, take depositions, make inspections when authorized by 153
239+law, issue subpoenas supported by affidavit, serve subpoenas and 154
240+other process, and compel the attendance of witnesses and the 155
241+production of books, papers, documents, and other evidence. 156
242+Challenges to and enforcement of subpoenas or orders shall be in 157
243+accordance with s. 120.569. 158
244+ (5) This section does not apply to a health care provider 159
245+as defined in s. 768.38; a service provider licensed or 160
246+certified under s. 393.17, part III of chapter 401, or part IV 161
247+of chapter 468; or a provider with an active health care clinic 162
248+exemption under s. 400.9935. 163
249+ (7)(6) The department may adopt rules pursuant to ss. 164
250+120.536 and 120.54 to implement this section. 165
251+ Section 2. Section 381.00319, Florida Statutes, is amended 166
252+to read: 167
253+ 381.00319 Prohibition on facial covering and COVID-19 168
254+vaccination and testing mandates for students.— 169
255+ (1) For purposes of this section, the term: 170
256+ (a) "COVID-19" means the novel coronavirus identified as 171
257+SARS-CoV-2; any disease caused by SARS -CoV-2, its viral 172
258+fragments, or a virus mutating there from; and all conditions 173
259+associated with the disease which are caused by SARS -CoV-2, its 174
260+viral fragments, or a virus mutating therefrom has the same 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-does not otherwise restrict businesses from instituting 176
274-screening protocols consistent with authoritative or controlling 177
275-government-issued guidance to protect public health . 178
276- (4)(a)(2) A governmental entity as defined in s. 768.38 179
277-may not require any person persons to provide any documentation 180
278-certifying COVID-19 vaccination with any vaccine defined under 181
279-subsection (2) or postinfection recovery from COVID-19, or 182
280-require a COVID-19 test, to gain access to, entry upon, or 183
281-service from the governmental entity's operations in this state 184
282-or as a condition of contracting, hiring, promotion, or 185
283-continued employment with the governmental entity . 186
284- (b) A governmental entity may not d ischarge or refuse to 187
285-hire a person; deprive or attempt to deprive a person of 188
286-employment opportunities; adversely affect a person's status as 189
287-an employee; or otherwise discriminate against a person based on 190
288-the knowledge or belief of the person's status r elating to 191
289-vaccination with any vaccine defined under subsection (2) or 192
290-COVID-19 post infection recovery, or a person's failure to take 193
291-a COVID-19 test. 194
292- (c) For matters relating to vaccines other than those 195
293-defined under subsection (2), a governmental en tity shall 196
294-provide for exemptions and reasonable accommodations for 197
295-religious and medical reasons in accordance with federal law. 198
296- (5)(a) A business entity or governmental entity may not 199
297-require a person to wear a face mask, a face shield, or any 200
273+meaning as in s. 381.00317(1) . 176
274+ (b) "Educational institution" means a public or private 177
275+school, including a preschool, elementary school, middle school, 178
276+junior high school, secondary school, career center, or 179
277+postsecondary school has the same meaning as in s. 112.0441(1) . 180
278+ (c) "Facial covering" has the same meaning as in s. 181
279+408.833(1). 182
280+ (c) "Parent" has the same meaning as in s. 1000.21(5). 183
281+ (2)(a) Notwithstanding any other law to the contrary, An 184
282+educational institution or elected or appointed local official 185
283+may not impose a COVID -19 vaccination mandate on for any person 186
284+student. 187
285+ (b) An educational instit ution may not require any person 188
286+to provide any documentation certifying COVID -19 vaccination or 189
287+postinfection recovery or require any person to take a COVID -19 190
288+test to gain admission or access to, entry upon, or service from 191
289+the educational institution in this state. An educational 192
290+institution may not otherwise discriminate against any person 193
291+based on the person's COVID -19 vaccination or postinfection 194
292+recovery status or the person's failure to take a COVID -19 test. 195
293+ (3)(a) Notwithstanding paragraph (b), o r any other law to 196
294+the contrary, an educational institution may not require any 197
295+person to wear a facial covering and may not deny any person 198
296+admission or access to, entry upon, or service from the 199
297+institution or otherwise discriminate against any person ba sed 200
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310-other facial covering that covers the mouth and nose. A business 201
311-entity or governmental entity may not deny a person admission or 202
312-access to, entry upon, or service from such entity or otherwise 203
313-discriminate against a person based on such person's refusal to 204
314-wear a face mask, a face shield, or any other facial covering 205
315-that covers the mouth and nose. 206
316- (b) Paragraph (a) does not apply to: 207
317- 1. A health care practitioner or health care provider as 208
318-those terms are defined in s. 408.824(1), provided that such 209
319-health care practitioner or health care provider is in 210
320-compliance with that section. 211
321- 2. A business entity or governmental entity when a face 212
322-mask, a face shield, or any other facial covering that covers 213
323-the mouth and nose is required safety equipment consistent w ith 214
324-occupational or laboratory safety requirements, in accordance 215
325-with standards adopted by the Department of Health. The 216
326-Department of Health shall adopt emergency rules to develop such 217
327-standards. Emergency rules adopted under this subparagraph are 218
328-exempt from s. 120.54(4)(c) and shall remain in effect until 219
329-replaced by rules adopted under the nonemergency rulemaking 220
330-procedures of the Administrative Procedure Act This subsection 221
331-does not otherwise restrict governmental entities from 222
332-instituting screening p rotocols consistent with authoritative or 223
333-controlling government -issued guidance to protect public health . 224
334- (3) An educational institution as defined in s. 768.38 may 225
310+on the person's refusal to wear a facial covering. 201
311+ (b) This subsection does not apply to an educational 202
312+institution when a facial covering is used as required safety 203
313+equipment in a course of study consistent with occupational or 204
314+laboratory safety req uirements. 205
315+ (4)(a) The Department of Health may impose an 206
316+administrative fine not to exceed $5,000 per each individual and 207
317+separate violation of this section. 208
318+ (b) Fines collected pursuant to this subsection must be 209
319+deposited into the General Revenue Fun d. 210
320+ (c) This subsection does not limit the right of any person 211
321+aggrieved by a violation of this section to recover damages or 212
322+other relief under any other applicable law. 213
323+ (d) For purposes of an investigation or proceeding 214
324+conducted by the Department of Health, the department may 215
325+administer oaths, take depositions, make inspections when 216
326+authorized by law, issue subpoenas supported by affidavit, serve 217
327+subpoenas and other process, and compel the attendance of 218
328+witnesses and the production of books, papers, d ocuments, and 219
329+other evidence, respectively. Challenges to and enforcement of 220
330+subpoenas or orders shall be in accordance with s. 120.569 221
331+ (3) A parent of a student, a student who is an emancipated 222
332+minor, or a student who is 18 years of age or older may bri ng an 223
333+action against the educational institution to obtain a 224
334+declaratory judgment that an act or practice violates this 225
335335
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347-not require students or residents to provide any documentation 226
348-certifying COVID-19 vaccination or postinfection recovery for 227
349-attendance or enrollment, or to gain access to, entry upon, or 228
350-service from such educational institution in this state. This 229
351-subsection does not otherwise restrict educational institutions 230
352-from instituting screenin g protocols consistent with 231
353-authoritative or controlling government -issued guidance to 232
354-protect public health. 233
355- (6)(a)(4) The department may impose an administrative a 234
356-fine not to exceed $5,000 for each individual and separate per 235
357-violation of this section. 236
358- (b) For purposes of conducting an investigation or a 237
359-proceeding, the department may administer oaths, take 238
360-depositions, make inspections when authorized by law, issue 239
361-subpoenas supported by affidavit, serve subpoenas and other 240
362-process, and compel the a ttendance of witnesses and the 241
363-production of books, papers, documents, and other evidence. 242
364-Challenges to and enforcement of subpoenas or orders shall be in 243
365-accordance with s. 120.569. 244
366- (c) Fines collected pursuant to this section must be 245
367-deposited into the General Revenue Fund. 246
368- (7) This section does not limit the right of the person 247
369-aggrieved by a violation of this section to recover damages or 248
370-other relief under any other applicable law. 249
371- (8) If a governmental entity fails to comply with 250
347+section and to seek injunctive relief. A prevailing parent or 226
348+student, as applicable, must be awarded reasonable attorney fees 227
349+and court costs. 228
350+ (4) This section expires June 1, 2023. 229
351+ Section 3. Section 395.1057, Florida Statutes, is created 230
352+to read: 231
353+ 395.1057 Patients' right to choose COVID -19 treatment 232
354+alternatives.—In accordance with s. 456.62, a hospital may not 233
355+interfere with a patient's right to choose COVID -19 treatment 234
356+alternatives as recommended by a health care practitioner with 235
357+privileges at the hospital. Any hospital that violates this 236
358+section by preventing a health care practitioner from exercising 237
359+his or her sound judgme nt is subject to agency disciplinary 238
360+action under s. 395.1065(2). 239
361+ Section 4. Section 408.833, Florida Statutes, is created 240
362+to read: 241
363+ 408.833 Facial covering requirements in health care 242
364+facilities.— 243
365+ (1) As used in this section, the term: 244
366+ (a) "Department" means the Department of Health. 245
367+ (b) "Facial covering" means a cloth or surgical face mask, 246
368+a face shield, or any other device that covers the mouth and 247
369+nose. 248
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380378 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381379
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384-subsection (4), an employee terminated based on such 251
385-noncompliance may be eligible for reemployment assistance under 252
386-chapter 443 in addition to any other remedy available to the 253
387-employee for a violation of this section. 254
388- (5) This section does not apply to a health care provider 255
389-as defined in s. 768.38; a service provider licensed or 256
390-certified under s. 393.17, part III of chapter 401, or part IV 257
391-of chapter 468; or a provider with an active health care clinic 258
392-exemption under s. 400.9935. 259
393- (9)(6) The department may adopt rules pursuant to ss. 260
394-120.536 and 120.54 to implement this section. 261
395- Section 2. Section 381.00319, Florida Statutes, is amended 262
396-to read: 263
397- 381.00319 Prohibition on mask mandates and COVID-19 264
398-vaccination and testing mandates for educational institutions 265
399-students.— 266
400- (1) For purposes of this section, the term: 267
401- (a) "COVID-19" has the same meaning as in s. 381.00316(2) 268
402-s. 381.00317(1). 269
403- (b) "COVID-19 vaccine" has the same meaning as in s. 270
404-381.00316(2). 271
405- (c)(b) "Educational institution" means a public or private 272
406-school, including a preschool, elementary school, middle school, 273
407-junior high school, secondary school, career center, or 274
408-postsecondary school has the same meaning as in s. 112.0441(1) . 275
382+ (c) "Health care practitioner" has the same meaning as in 249
383+s. 456.001. The term do es not include a health care practitioner 250
384+who is employed by a health care provider. 251
385+ (d) "Health care provider" means a health care provider as 252
386+defined in s. 408.07; a service provider licensed or certified 253
387+under s. 393.17, part III of chapter 401, or pa rt IV of chapter 254
388+468; a provider with an active health care clinic exemption 255
389+under s. 400.9935; an optical establishment permitted under s. 256
390+484.007; a massage establishment licensed under s. 480.043; a 257
391+pharmacy as defined in s. 465.003; or an office regist ered under 258
392+s. 459.0138. 259
393+ (2)(a) By July 1, 2023, the agency and the department 260
394+shall jointly develop standards for the appropriate use of 261
395+facial coverings for infection control in health care settings. 262
396+ (b) The agency and the department shall publish suc h 263
397+standards on their respective websites and provide a link on 264
398+their respective websites to report violations of such 265
399+standards. 266
400+ (c) The agency and the department shall adopt emergency 267
401+rules to jointly develop such standards. Emergency rules adopted 268
402+under this subsection are exempt from s. 120.54(4)(c) and shall 269
403+remain in effect until replaced by rules adopted under the 270
404+nonemergency rulemaking procedures of the Administrative 271
405+Procedure Act. 272
406+ (3) By August 1, 2023, health care providers and health 273
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417415 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418416
419417
420418
421- (d) "Emergency use authorization vaccine″ has the same 276
422-meaning as in s. 381.00316(2). 277
423- (e) "Messenger ribonucleic acid vaccine" has the same 278
424-meaning as in s. 381.00316(2). 279
425- (c) "Parent" has the same meaning as in s. 1000.21(5). 280
426- (2)(a) Notwithstanding any other law to the contrary, An 281
427-educational institution or elected or appointed local official 282
428-may not impose a COVID-19 vaccination mandate on for any person 283
429-requiring vaccination with any vaccine defined under subsection 284
430-(1) student. 285
431- (b) An educational institution may not require any person 286
432-to provide any docum entation certifying vaccination with any 287
433-vaccine defined under subsection (1) or postinfection recovery 288
434-from COVID-19, or require a COVID -19 test, to gain admission or 289
435-access to, entry upon, or service from the educational 290
436-institution in this state or as a condition of contracting, 291
437-hiring, promotion, or continued employment with the educational 292
438-institution. An educational institution may not discharge or 293
439-refuse to hire a person; deprive or attempt to deprive a person 294
440-of employment opportunities; adversely a ffect a person's status 295
441-as an employee or as an applicant for employment; or otherwise 296
442-discriminate against a person based on knowledge or belief of 297
443-the person's status relating to vaccination with any vaccine 298
444-defined under subsection (1) or COVID -19 postinfection recovery, 299
445-or a person's failure to take a COVID -19 test. 300
419+care practitioners must adopt facial covering policies and 274
420+procedures based on the standards developed under subsection (2) 275
421+and publish such policies and procedures on the homepages of 276
422+their respective websites or conspicuously display such policies 277
423+and procedures in the lobbies of their respective practice 278
424+settings. 279
425+ (4) Effective August 1, 2023, health care providers and 280
426+health care practitioners may not require any person to wear a 281
427+facial covering in any circumstance unless it is in accordance 282
428+with the policies and procedures adopted under subsection (3). 283
429+ (5) Effective August 1, 2023, a health care provider or a 284
430+health care practitioner that violates this section is subject 285
431+to disciplinary action by the agency or the department, as 286
432+applicable. 287
433+ Section 5. Section 456.62, Florida Statutes, is created to 288
434+read: 289
435+ 456.62 Communication of COVID -19 treatment alternatives. — 290
436+ (1) A health care practitioner treating a patient 291
437+diagnosed with COVID -19 shall obtain the informed consent of the 292
438+patient or the patie nt's legal representative before prescribing 293
439+any medication for the treatment of COVID -19. 294
440+ (2) Informed consent shall include an explanation of 295
441+alternative medications for the treatment of COVID -19 and the 296
442+relative advantages, disadvantages, and risks a ssociated with 297
443+alternative medications to the extent necessary to allow the 298
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454452 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455453
456454
457455
458- (c) For matters relating to vaccines other than those 301
459-defined under subsection (1), an educational institution shall 302
460-provide for exemptions and reasonable accommodations for 303
461-religious and medical reasons in accordance with federal law.304
462- (3)(a) An educational institution may not require a person 305
463-to wear a face mask, a face shield, or any other facial covering 306
464-that covers the mouth and nose. An educational institution may 307
465-not deny a person admission or access to, entry upon, or service 308
466-from such educational institution or otherwise discriminate 309
467-against a person based on such person's refusal to wear a face 310
468-mask, a face shield, or any other facial covering that covers 311
469-the mouth and nose. 312
470- (b) Paragraph (a) does not apply to: 313
471- 1. A health care practitioner or health care provider as 314
472-those terms are defined in s. 408.824(1), provided that such 315
473-health care practitioner or health care provider is in 316
474-compliance with that section. 317
475- 2. An educational institution when a face mask, a face 318
476-shield, or any other facial covering that covers the mouth and 319
477-nose is used as required safety equipment in a course of study 320
478-consistent with occupational or laboratory safety requirements, 321
479-in accordance with standards adopted by the Department of 322
480-Health. The Department of Health shall adopt emergency rules to 323
481-develop such standards. Emergency rules adopted under this 324
482-subparagraph are exempt from s. 120.54(4)(c) and shall remain in 325
456+patient or the patient's legal representative to make a prudent 299
457+decision regarding treatment. 300
458+ (3) In determining which alternative medications to 301
459+include in the informed consent, the health care practitioner 302
460+shall consider any medications currently authorized or approved 303
461+by the United States Food and Drug Administration for the 304
462+treatment of COVID-19 and use his or her best clinical judgment 305
463+to identify any alternative medications that could reasonably be 306
464+expected to benefit the patient. 307
465+ (4) In providing such information, the health care 308
466+practitioner shall consider the physical state of the patient 309
467+and the patient's ability to understand the information. 310
468+ (5) A health care practi tioner shall record his or her 311
469+compliance or noncompliance with this section in the patient's 312
470+medical record. 313
471+ (6) This section does not supersede any other provision of 314
472+law regarding informed consent. 315
473+ Section 6. Section 465.0266, Florida Statutes, is amended 316
474+to read: 317
475+ 465.0266 Common database. —Nothing contained in This 318
476+chapter does not shall be construed to prohibit the dispensing 319
477+by a pharmacist licensed in this state or another state of a 320
478+prescription contained in a common database, and such dispen sing 321
479+may shall not constitute a transfer as defined in s. 465.026(1) -322
480+(6), provided that the following conditions are met: 323
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491489 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492490
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494492
495-effect until replaced by rules adopted under the nonemergency 326
496-rulemaking procedures of the Administrative Procedure Act. 327
497- (4)(a) Notwithstanding s. 768.39, the Department of Health 328
498-may impose an administrative fine not to exceed $5,000 for each 329
499-individual and separate violation of this section. 330
500- (b) For the purpose of conducting an investigation or a 331
501-proceeding, the Department of Health may administer oaths, take 332
502-depositions, make inspections when authorized by law, issue 333
503-subpoenas supported by affidavit, serve subpoenas and other 334
504-process, and compel the attendance of witnesses and the 335
505-production of books, papers, documents, and other evidence. 336
506-Challenges to and enforcement of subpoenas or orde rs shall be in 337
507-accordance with s. 120.569. 338
508- (c) Fines collected pursuant to this section must be 339
509-deposited in the General Revenue Fund. 340
510- (5) This section does not limit the right of the person 341
511-aggrieved by a violation of this section to recover damages o r 342
512-other relief under any other applicable law. 343
513- (6) The Department of Health may adopt rules to implement 344
514-this section. 345
515- (3) A parent of a student, a student who is an emancipated 346
516-minor, or a student who is 18 years of age or older may bring an 347
517-action against the educational institution to obtain a 348
518-declaratory judgment that an act or practice violates this 349
519-section and to seek injunctive relief. A prevailing parent or 350
493+ (1) All pharmacies involved in the transactions pursuant 324
494+to which the prescription is dispensed are under common 325
495+ownership and utilize a common database. 326
496+ (2) All pharmacies involved in the transactions pursuant 327
497+to which the prescription is dispensed and all pharmacists 328
498+engaging in dispensing functions are properly licensed, 329
499+permitted, or registered in this state or another state. 330
500+ (3) The common database maintains a record of all 331
501+pharmacists involved in the process of dispensing a 332
502+prescription. 333
503+ (4) The owner of the common database maintains a policy 334
504+and procedures manual that governs its participating pharmacies, 335
505+pharmacists, and pharmacy employees and that is available to the 336
506+board or its agent upon request. The policy and procedures 337
507+manual shall include the following information: 338
508+ (a) A best practices model detailing how each pharmacy and 339
509+each pharmacist accessing the common data base will comply with 340
510+applicable federal and state laws, rules, and regulations. 341
511+ (b) The procedure for maintaining appropriate records for 342
512+regulatory oversight for tracking a prescription during each 343
513+stage of the filling and dispensing process, identifyi ng the 344
514+pharmacists involved in filling and dispensing the prescription 345
515+and counseling the patient, and responding to any requests for 346
516+information made by the board under s. 465.0156. 347
517+ (c) The policy and procedure for providing adequate 348
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528526 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532-student, as applicable, must be awarded reasonable attorney fees 351
533-and court costs. 352
534- (4) This section expires June 1, 2023. 353
535- Section 3. Section 381.00321, Florida Statutes, is created 354
536-to read: 355
537- 381.00321 International health organization policies and 356
538-guidelines.—A governmental entity as defined in s. 381.00316(2) 357
539-or an educational instituti on as defined in s. 381.00319(1) may 358
540-not adopt, implement, or enforce an international health 359
541-organization's public health policies or guidelines unless 360
542-authorized to do so under state law, rule, or executive order 361
543-issued by the Governor under s. 252.36. 362
544- Section 4. Section 395.1057, Florida Statutes, is created 363
545-to read: 364
546- 395.1057 Patients' right to choose COVID -19 treatment 365
547-alternatives.—A hospital may not interfere with a patient's 366
548-right to choose COVID -19 treatment alternatives as recommended 367
549-by a health care practitioner with privileges at the hospital if 368
550-the health care practitioner has obtained informed consent from 369
551-the patient in accordance with s. 456.62. Any hospital that 370
552-violates this section by preventing a health care practitioner 371
553-from exercising his or her sound judgment is subject to agency 372
554-disciplinary action under s. 395.1065(2). 373
555- Section 5. Effective upon this act becoming a law, section 374
556-408.824, Florida Statutes, is created to read: 375
557-
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561-
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565-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566-
567-
568-
569- 408.824 Facial covering requirements for health ca re 376
570-practitioners and health care providers. — 377
571- (1) As used in this section, the term: 378
572- (a) "Department" means the Department of Health. 379
573- (b) "Facial covering" means a cloth or surgical face mask, 380
574-a face shield, or any other facial covering that covers th e 381
575-mouth and nose. 382
576- (c) "Health care practitioner" has the same meaning as in 383
577-s. 456.001. 384
578- (d) "Health care provider" means a provider as defined in 385
579-s. 408.803; a service provider licensed or certified under s. 386
580-393.17, part III of chapter 401, or part IV of chapter 468; a 387
581-provider with an active health care clinic exemption under s. 388
582-400.9935; an optical establishment permitted under s. 484.007; a 389
583-massage establishment licensed under s. 480.043; a pharmacy as 390
584-defined in s. 465.003; or an office registered u nder s. 458.328 391
585-or s. 459.0138. 392
586- (e) "Office" means an office maintained for the practice 393
587-of a health care practitioner's profession, as provided in his 394
588-or her practice act. 395
589- (2)(a) By July 1, 2023, the agency and the department 396
590-shall jointly develop sta ndards for the appropriate use of 397
591-facial coverings for infection control in health care settings. 398
592- (b) The agency and the department shall adopt emergency 399
593-rules for the standards developed under paragraph (a). Emergency 400
594-
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602-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603-
604-
605-
606-rules adopted under this section ar e exempt from s. 120.54(4)(c) 401
607-and shall remain in effect until replaced by rules adopted under 402
608-the nonemergency rulemaking procedures of the Administrative 403
609-Procedure Act. 404
610- (c) The agency and the department shall publish the 405
611-standards developed under parag raph (a) on their respective 406
612-websites and provide a link for persons to report violations of 407
613-the standards. 408
614- (3) By August 1, 2023, each health care practitioner who 409
615-owns or operates an office and each health care provider shall 410
616-establish facial covering policies and procedures for their 411
617-respective health care settings, if such health care 412
618-practitioner or health care provider requires any individual to 413
619-wear a facial covering for any reason. Such policies and 414
620-procedures must comply with the standards develo ped under 415
621-subsection (2) and must be accessible from the home page of such 416
622-health care practitioner's or health care provider's website or 417
623-conspicuously displayed in the lobby of its health care service 418
624-setting or settings. 419
625- (4) Effective August 1, 2023: 420
626- (a) Health care practitioners and health care providers 421
627-may not require any person to wear a facial covering for any 422
628-reason unless the requirement is in accordance with the 423
629-standards developed under subsection (2) and the policies and 424
630-procedures established under subsection (3). 425
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640-
641-
642-
643- (b) A health care practitioner or a health care provider 426
644-in violation of paragraph (a) or subsection (3) is subject to 427
645-disciplinary action by the agency or a board as defined in s. 428
646-456.001, or the department if there is no board, as applicable. 429
647- Section 6. Section 456.62, Florida Statutes, is created to 430
648-read: 431
649- 456.62 Communication of COVID -19 treatment alternatives. — 432
650- (1) A health care practitioner treating a patient 433
651-diagnosed with COVID -19 shall obtain the informed con sent of the 434
652-patient or the patient's legal representative before prescribing 435
653-any medication for the treatment of COVID -19. 436
654- (2) To obtain informed consent, the health care 437
655-practitioner must provide an explanation of alternative 438
656-medications for the treatm ent of COVID-19 and the relative 439
657-advantages, disadvantages, and risks associated with such 440
658-alternative medications to the extent necessary to allow the 441
659-patient or the patient's legal representative to make a prudent 442
660-decision regarding treatment. 443
661- (3) In determining which alternative medications to 444
662-present to a patient for purposes of obtaining informed consent, 445
663-the health care practitioner must include any medications 446
664-currently authorized or approved by the United States Food and 447
665-Drug Administration for th e treatment of COVID -19 and use his or 448
666-her best clinical judgment to identify any alternative 449
667-medications that could reasonably be expected to benefit the 450
668-
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677-
678-
679-
680-patient. 451
681- (4) In providing such information regarding alternative 452
682-medications, the health care pract itioner shall take into 453
683-consideration the physical state of the patient and the 454
684-patient's ability to understand the information. 455
685- (5) A health care practitioner treating a patient 456
686-diagnosed with COVID -19 shall indicate on such patient's medical 457
687-record the health care practitioner's compliance or 458
688-noncompliance with this section. 459
689- (6) This section does not supersede any other provision of 460
690-law regarding informed consent. 461
691- Section 7. Section 465.0266, Florida Statutes, is amended 462
692-to read: 463
693- 465.0266 Common database.—Nothing contained in this 464
694-chapter may shall be construed to prohibit the dispensing by a 465
695-pharmacist licensed in this state or another state of a 466
696-prescription contained in a common database, and such dispensing 467
697-does shall not constitute a transfer as defined in s. 468
698-465.026(1)-(6), provided that the following conditions are met: 469
699- (1) All pharmacies involved in the transactions pursuant 470
700-to which the prescription is dispensed are under common 471
701-ownership and utilize a common da tabase. 472
702- (2) All pharmacies involved in the transactions pursuant 473
703-to which the prescription is dispensed and all pharmacists 474
704-engaging in dispensing functions are properly licensed, 475
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715-
716-
717-permitted, or registered in this state or another state. 476
718- (3) The common database maintains a record of all 477
719-pharmacists involved in the process of dispensing a 478
720-prescription. 479
721- (4) The owner of the common database maintains a policy 480
722-and procedures manual that governs its participating pharmacies, 481
723-pharmacists, and pharmacy employ ees and that is available to the 482
724-board or its agent upon request. The policy and procedures 483
725-manual must shall include the following information: 484
726- (a) A best practices model detailing how each pharmacy and 485
727-each pharmacist accessing the common database will comply with 486
728-applicable federal and state laws, rules, and regulations. 487
729- (b) The procedure for maintaining appropriate records for 488
730-regulatory oversight for tracking a prescription during each 489
731-stage of the filling and dispensing process, identifying the 490
732-pharmacists involved in filling and dispensing the prescription 491
733-and counseling the patient, and responding to any requests for 492
734-information made by the board under s. 465.0156. 493
735- (c) The policy and procedure for providing adequate 494
736-security to protect the conf identiality and integrity of patient 495
737-information. 496
738- (d) A quality assurance program designed to objectively 497
739-and systematically monitor, evaluate, and improve the quality 498
740-and appropriateness of patient care through the use of the 499
741-common database. 500
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750-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751-
752-
753-
754- 501
755-Any pharmacist dispensing a prescription has at all times the 502
756-right and obligation to exercise his or her independent 503
757-professional judgment. Any pharmacist properly dispensing an 504
758-alternative medication prescribed for the treatment of COVID -19 505
759-is not subject to disc iplinary action by the board or the 506
760-department based solely on such dispensing. Notwithstanding 507
761-other provisions in this section, a no pharmacist licensed in 508
762-this state participating in the dispensing of a prescription 509
763-pursuant to this section is not shall be responsible for the 510
764-acts and omissions of another person participating in the 511
765-dispensing process provided such person is not under the direct 512
766-supervision and control of the pharmacist licensed in this 513
767-state. 514
768- Section 8. Paragraph (n) of subsection ( 3) of section 515
769-1002.20, Florida Statutes, is amended to read: 516
770- 1002.20 K-12 student and parent rights. —Parents of public 517
771-school students must receive accurate and timely information 518
772-regarding their child's academic progress and must be informed 519
773-of ways they can help their child to succeed in school. K -12 520
774-students and their parents are afforded numerous statutory 521
775-rights including, but not limited to, the following: 522
776- (3) HEALTH ISSUES.— 523
777- (n) Face covering mandates and quarantine mandates in 524
778-response to COVID-19.— 525
779-
780-CS/CS/HB 1013 2023
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782-
783-
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787-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788-
789-
790-
791- 1. A district school board, a district school 526
792-superintendent, an elected or appointed local official, or any 527
793-district school board employee may not: 528
794- a. Require a student to wear a face mask, a face shield, 529
795-or any other facial covering that fits over the mouth or nose. 530
796-However, a parent, at the parent's sole discretion, may allow 531
797-his or her child to wear a face mask, a face shield, or any 532
798-other facial covering that fits over the mouth or nose. This 533
799-prohibition does not apply to safety equipment re quired as part 534
800-of a course of study consistent with occupational or laboratory 535
801-safety requirements. 536
802- b. Prohibit a student from attending school or school -537
803-sponsored activities, prohibit a student from being on school 538
804-property, or subject a student to rest rictions or disparate 539
805-treatment, based on an exposure to COVID -19, so long as the 540
806-student remains asymptomatic and has not received a positive 541
807-test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1). 542
808- 543
809-A parent of a student, a student who is an emancipated minor, or 544
810-a student who is 18 years of age or older may bring an action 545
811-against the school district to obtain a declaratory judgment 546
812-that an act or practice violates this subparagraph and to seek 547
813-injunctive relief. A prevailing parent or studen t, as 548
814-applicable, must be awarded reasonable attorney fees and court 549
815-costs. 550
816-
817-CS/CS/HB 1013 2023
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819-
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824-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825-
826-
827-
828- 2. A district school board, a district school 551
829-superintendent, an elected or appointed local official, or any 552
830-school district employee may not prohibit an employee from 553
831-returning to work or subject an employee to restrictions or 554
832-disparate treatment based on an exposure to COVID -19 so long as 555
833-the employee remains asymptomatic and has not received a 556
834-positive test for COVID -19 as defined in s. 381.00319(1) s. 557
835-381.00317(1). 558
836- 3. This paragraph expires June 1, 2023. 559
837- Section 9. Sections 381.00316(2)(g) and 381.00319(1)(e), 560
838-Florida Statutes, as created by this act, are repealed on June 561
839-1, 2025. 562
840- Section 10. Except as otherwise expressly provided in this 563
841-act, and except for this sect ion, which shall take effect upon 564
842-this act becoming a law, this act shall take effect June 1, 565
843-2023. 566
530+security to protect the confidentiality and integrity of patient 349
531+information. 350
532+ (d) A quality assurance program designed to objectively 351
533+and systematically monitor, evaluate, and improve the quality 352
534+and appropriateness of patient care through the use of the 353
535+common database. 354
536+ 355
537+Any pharmacist dispensing a prescription has at all times the 356
538+right and obligation to exercise his or her independent 357
539+professional judgment. Any pharmacist properly dispensing an 358
540+alternative medication prescribed for the treatment of COVID -19 359
541+pursuant to s. 456.62 is not subject to disciplinary action by 360
542+the board or the department, as applicable. Notwithstanding 361
543+other provisions in this section, a no pharmacist licensed in 362
544+this state participating in the dispensing of a prescription 363
545+pursuant to this sectio n is not shall be responsible for the 364
546+acts and omissions of another person participating in the 365
547+dispensing process provided such person is not under the direct 366
548+supervision and control of the pharmacist licensed in this 367
549+state. 368
550+ Section 7. This act shall take effect June 1, 2023. 369