FL
Florida House Bill H1403

Florida 2023 Regular Session

Florida House Bill H1403 Compare Versions

OldNewDifferences
11
22
3-CS/CS/HB 1403 2023
3+CS/HB 1403 2023
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1403-02-c2
9-Page 1 of 9
8+hb1403-01-c1
9+Page 1 of 8
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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to protections of medical conscience; 2
1616 providing legislative findings and intent; creating s. 3
1717 381.00321, F.S.; providing definitions; authorizing 4
1818 health care providers and health care payors to opt 5
1919 out of participation in or payment for certain health 6
2020 care services by conscience -based objections without 7
2121 discrimination or threat of adverse actions; requiring 8
2222 a health care provider to notify a patient and the 9
23-provider's supervisor or employer or educational 10
24-institution, if applicable, when the provider declines 11
25-to participate in certain health care services on the 12
26-basis of a conscience -based objection; providing for 13
27-civil remedies, damages, and immunit y from liability; 14
28-creating s. 456.61, F.S.; prohibiting certain boards 15
29-and the Department of Health from taking disciplinary 16
30-action against, or denying a license to, an individual 17
31-based on the use of free speech based on a conscience -18
32-based objection; provi ding for severability; providing 19
33-an effective date. 20
23+provider's supervisor or employer, if applicable, when 10
24+the provider declines to participate in certain health 11
25+care services on the basis of a conscience -based 12
26+objection; providing for civil remedies, damages, and 13
27+immunity from liability; creating s. 456.61, F.S.; 14
28+prohibiting certain boards and the Department of 15
29+Health from taking disciplinary action against, or 16
30+denying a license to, an individual based on the use 17
31+of free speech based on a conscience -based objection; 18
32+providing for severability; prov iding an effective 19
33+date. 20
3434 21
3535 Be It Enacted by the Legislature of the State of Florida: 22
3636 23
3737 Section 1. The Legislature finds that the right of 24
3838 conscience is central to the practice of medicine. It is the 25
3939
40-CS/CS/HB 1403 2023
40+CS/HB 1403 2023
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1403-02-c2
46-Page 2 of 9
45+hb1403-01-c1
46+Page 2 of 8
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
4848
4949
5050
5151 intent of the Legislature to provide medical consci ence rights 26
5252 for health care providers and health care payors to ensure that 27
5353 they can care for patients consistent with their moral, ethical, 28
5454 and religious convictions. Further, it is the intent of the 29
5555 Legislature that licensed health care providers and hea lth care 30
5656 payors shall be free from threat of discrimination for providing 31
5757 conscience-based health care. 32
5858 Section 2. Section 381.00321, Florida Statutes, is created 33
5959 to read: 34
6060 381.00321 Rights of conscience of health care providers 35
6161 and health care payors .— 36
6262 (1) DEFINITIONS.—As used in this section, the term: 37
6363 (a) "Adverse action" means the discharge, suspension, 38
6464 transfer, demotion, discipline, suspension, exclusion, 39
6565 revocation of privileges, withholding of bonuses, or reduction 40
6666 in salary or benefits; an y action that may negatively impact the 41
6767 advancement or graduation of a student, including, but not 42
6868 limited to, the withholding of scholarship funds; or any other 43
6969 disciplinary or retaliatory action. 44
7070 (b) "Agency" means the Agency for Health Care 45
7171 Administration. 46
7272 (c) "Business entity" has the same meaning as provided in 47
7373 s. 606.03. The term also includes a charitable organization as 48
7474 defined in s. 496.404 and a corporation not for profit as 49
7575 defined in s. 617.01401. 50
7676
77-CS/CS/HB 1403 2023
77+CS/HB 1403 2023
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1403-02-c2
83-Page 3 of 9
82+hb1403-01-c1
83+Page 3 of 8
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
8585
8686
8787
8888 (d) "Conscience-based objection" means an objection based 51
8989 on a sincerely held religious, moral, or ethical belief. 52
9090 Conscience, with respect to entities, is determined by reference 53
9191 to the entities' governing documents; any published ethical, 54
9292 moral, or religious guidelines or directives; mission 55
9393 statements; constitutions; articles of incorporation; bylaws; 56
9494 policies; or regulations. 57
9595 (e) "Department" means the Department of Health. 58
9696 (f) "Educational institution" means a public or private 59
9797 school, college, or university. 60
9898 (g) "Health care payor" mean s a health insurer, an 61
9999 employer, a health care sharing organization, a health plan, a 62
100100 health maintenance organization, a management services 63
101101 organization, or any other entity that pays for, or arranges for 64
102102 the payment of any health care service, whether su ch payment is 65
103103 in whole or in part. 66
104104 (h) "Health care provider" means: 67
105105 1. Any person or entity licensed under chapter 394; 68
106106 chapter 400; chapter 401; chapter 457; chapter 458; chapter 459; 69
107107 chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; 70
108108 chapter 465; chapter 466; chapter 467; part I, part II, part 71
109109 III, part IV, part V, part X, part XIII, or part XIV of chapter 72
110110 468; chapter 478; chapter 480; part I, part II, or part III of 73
111111 chapter 483; chapter 484; chapter 486; chapter 490; or chapter 74
112112 491; or 75
113113
114-CS/CS/HB 1403 2023
114+CS/HB 1403 2023
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1403-02-c2
120-Page 4 of 9
119+hb1403-01-c1
120+Page 4 of 8
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
122122
123123
124124
125125 2. Any provider as defined in s. 408.803, a continuing care 76
126126 facility licensed under chapter 651, or a pharmacy permitted 77
127127 under chapter 465. 78
128128 79
129129 The term includes a student enrolled in an educational 80
130130 institution who is seeking to become a health care provi der. 81
131131 (i) "Health care service" means medical procedures, 82
132132 medical care, or medical services provided to a patient at any 83
133133 time over the entire course of treatment, or medical research, 84
134134 including, but not limited to, testing; diagnosis; referral; 85
135135 dispensing or administering any drug, medication, or device; 86
136136 psychological therapy or counseling; research; prognosis; 87
137137 therapy; recordmaking procedures; notes related to treatment; 88
138138 set up or performance of a surgery or procedure; or any other 89
139139 care or services perfor med or provided by any health care 90
140140 provider. 91
141141 (j) "Participate" or "participation" means to pay for or 92
142142 take part in any way in providing or facilitating any health 93
143143 care service or any part of such service. 94
144- (2) RIGHTS OF CONSCIE NCE.—A health care provider or health 95
145-care payor has the right to opt out of participation in or 96
146-payment for any health care service on the basis of a 97
147-conscience-based objection. 98
148- (a) A health care provider who is a person must: 99
149- 1. Document in the patie nt's medical record that the 100
144+ (2) RIGHTS OF CONSCIENCE. — 95
145+ (a)1. A health care provider or health care payor has the 96
146+right to opt out of participation in or payment for any health 97
147+care service on the basis of a conscience -based objection. A 98
148+health care provider must, at the time of the conscience -based 99
149+objection or timely thereafte r: 100
150150
151-CS/CS/HB 1403 2023
151+CS/HB 1403 2023
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1403-02-c2
157-Page 5 of 9
156+hb1403-01-c1
157+Page 5 of 8
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
159159
160160
161161
162-health care provider gave verbal or written notice of his or her 101
163-conscience-based objection to the patient at the time of such 102
164-objection or as soon as practicable thereafter. 103
165- 2. At the time of objection or as soon as practica ble 104
166-thereafter, provide written notification of his or her 105
167-conscience-based objection to the health care provider's 106
168-supervisor or employer, if the health care provider has a 107
169-supervisor or employer. 108
170- 3. Provide written notice of his or her conscience -based 109
171-objection if such provider is a student to his or her 110
172-educational institution at the time of the conscience -based 111
173-objection or as soon as practicable thereafter. 112
174- (b) The exercise of the right of medical conscience is 113
175-limited to conscience -based objections to a specific health care 114
176-service. This section does not waive or modify any duty a health 115
177-care provider or health care payor may have to provide or pay 116
178-for other health care services that do not violate their rights 117
179-of conscience or any duty a health c are provider may have to 118
180-provide informed consent to a patient in accordance with general 119
181-law. Additionally, a health care payor may not decline to pay 120
182-for a health care service it is contractually obligated to cover 121
183-during the plan year. 122
184- (c) A health care provider may not be discriminated 123
185-against or suffer adverse action because the health care 124
186-provider declined to participate in or pay for a health care 125
162+ a. Provide written notification of the conscience -based 101
163+objection to the health care practitioner's supervisor or 102
164+employer, if applicable; or 103
165+ b. Document the conscience -based objection to a particular 104
166+health care service in the patient's medical fil e. 105
167+ 2. A health care provider who is a student must provide 106
168+written notice of his or her conscience -based objection to his 107
169+or her educational institution at the time of the conscience -108
170+based objection or timely thereafter. 109
171+ (b) The exercise of the right o f medical conscience is 110
172+limited to conscience -based objections to a specific health care 111
173+service. This section does not waive or modify any duty a health 112
174+care provider or health care payor may have to provide or pay 113
175+for other health care services that do n ot violate their rights 114
176+of conscience or any duty a health care provider may have to 115
177+provide informed consent to a patient in accordance with general 116
178+law. Additionally, a health care payor may not decline to pay 117
179+for a health care service it is contractuall y obligated to cover 118
180+during the plan year. 119
181+ (c) A health care provider or health care payor may not be 120
182+discriminated against or suffer adverse action because the 121
183+health care provider or health care payor declined to 122
184+participate in or pay for a health care service on the basis of 123
185+a conscience-based objection. 124
186+ (3) SPEECH AND WHISTLEBLOWER PROTECTIONS. — 125
187187
188-CS/CS/HB 1403 2023
188+CS/HB 1403 2023
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1403-02-c2
194-Page 6 of 9
193+hb1403-01-c1
194+Page 6 of 8
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
196196
197197
198198
199-service on the basis of a conscience -based objection. 126
200- (3) SPEECH AND WHISTLEBLOWER PROTECTIONS. — 127
201- (a) A health care provider or health care payor may not be 128
202-discriminated against or suffer any adverse action in any manner 129
203-with respect to: 130
204- 1. Providing or causing to be provided or intending to 131
205-provide or cause to be provided to their employer, the Att orney 132
206-General, the Department of Health, any other state agency 133
207-charged with protecting health care rights of conscience, the 134
208-United States Department of Health and Human Services, the 135
209-Office of Civil Rights, or any other federal agency charged with 136
210-protecting health care rights of conscience information relating 137
211-to any violation of or any act or omission the health care 138
212-provider or health care payor reasonably believes to be a 139
213-violation of any provision of this act; 140
214- 2. Testifying or intending to testify in a proceeding 141
215-concerning such violation; or 142
216- 3. Assisting or participating or intending to assist or 143
217-participate in such a proceeding. 144
218- (b) Unless the disclosure is specifically prohibited by 145
219-law, a health care provider or health care payor may not be 146
220-discriminated against in any manner for disclosing information 147
221-that the health care provider or health care payor reasonably 148
222-believes constitutes: 149
223- 1. A violation of any law, rule, or regulation; 150
199+ (a) A health care provider or health care payor may not be 126
200+discriminated against or suffer any adverse action in any manner 127
201+with respect to: 128
202+ 1. Providing or causing to be provided or intending to 129
203+provide or cause to be provided to their employer, the Attorney 130
204+General, the Department of Health, any other state agency 131
205+charged with protecting health care rights of conscience, the 132
206+United States Department of Health and Human Services, the 133
207+Office of Civil Rights, or any other federal agency charged with 134
208+protecting health care rights of conscience information relating 135
209+to any violation of or any act or omission the health care 136
210+provider or health care payor reason ably believes to be a 137
211+violation of any provision of this act; 138
212+ 2. Testifying or intending to testify in a proceeding 139
213+concerning such violation; or 140
214+ 3. Assisting or participating or intending to assist or 141
215+participate in such a proceeding. 142
216+ (b) Unless the disclosure is specifically prohibited by 143
217+law, a health care provider or health care payor may not be 144
218+discriminated against in any manner for disclosing information 145
219+that the health care provider or health care payor reasonably 146
220+believes constitutes: 147
221+ 1. A violation of any law, rule, or regulation; 148
222+ 2. A violation of any ethical guidelines for the provision 149
223+of any medical procedure or service; or 150
224224
225-CS/CS/HB 1403 2023
225+CS/HB 1403 2023
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1403-02-c2
231-Page 7 of 9
230+hb1403-01-c1
231+Page 7 of 8
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
233233
234234
235235
236- 2. A violation of any ethical guidelines for the provisio n 151
237-of any medical procedure or service; or 152
238- 3. A practice or method of treatment that may put patient 153
239-health at risk or present a substantial and specific danger to 154
240-public health or safety. 155
241- (4) CIVIL REMEDIES. —A health care provider or health care 156
242-payor may bring a civil cause of action for appropriate damages, 157
243-an injunction, or any other appropriate relief in law or equity, 158
244-including reasonable attorney fees, for any violation of this 159
245-act. 160
246- (5) IMMUNITY FROM LIABILITY. —A health care provider or 161
247-health care payor may not be civilly liable for declining to 162
248-participate in a health care service on the basis of a 163
249-conscience-based objection. However, this section does not limit 164
250-the applicability of chapter 766 to any health care service 165
251-performed by a health c are provider. 166
252- (6) EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT. —This 167
253-section does not override the requirement to provide emergency 168
254-medical treatment to all patients as set forth in the Emergency 169
255-Medical Treatment and Active Labor Act, 42 U.S.C. s. 1 395dd. 170
256- Section 3. Section 456.61, Florida Statutes, is created to 171
257-read: 172
258- 456.61 Use of free speech by a health care practitioner; 173
259-prohibition.— 174
260- (1) A board within the jurisdiction of the department, or 175
236+ 3. A practice or method of treatment that may put patient 151
237+health at risk or present a substantial and specific danger to 152
238+public health or safety. 153
239+ (4) CIVIL REMEDIES. —A health care provider or health care 154
240+payor may bring a civil cause of action for appropriate damages, 155
241+an injunction, or any other appropriate relief in law or equity, 156
242+including reasonable attorney fees, for any violation of this 157
243+act. 158
244+ (5) IMMUNITY FROM LIABILITY. —A health care provider or 159
245+health care payor may not be civilly liable for declining to 160
246+participate in a health care service on the basis of a 161
247+conscience-based objection. 162
248+ (6) EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT. —This 163
249+section does not override the requirement to provide emergency 164
250+medical treatment to all patients as set forth in the Emergency 165
251+Medical Treatment and Active Labor Act, 42 U.S.C. s. 1395dd. 166
252+ Section 3. Section 45 6.61, Florida Statutes, is created to 167
253+read: 168
254+ 456.61 Use of free speech by a health care practitioner; 169
255+prohibition.— 170
256+ (1) A board within the jurisdiction of the department, or 171
257+the department if there is no board, may not take disciplinary 172
258+action against, or deny a license to, an individual because the 173
259+individual has spoken or written publicly about a health care 174
260+service or public policy, including, but not limited to, speech 175
261261
262-CS/CS/HB 1403 2023
262+CS/HB 1403 2023
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb1403-02-c2
268-Page 8 of 9
267+hb1403-01-c1
268+Page 8 of 8
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
270270
271271
272272
273-the department if there is no board, may not ta ke disciplinary 176
274-action against, or deny a license to, an individual because the 177
275-individual has spoken or written publicly about a health care 178
276-service or public policy, including, but not limited to, speech 179
277-through the use of a social media platform, as def ined in s. 180
278-501.2041, provided such individual is not providing medical 181
279-advice or treatment to a specific patient and provided such 182
280-speech does not violate any other applicable law. 183
281- (2) If a specialty board or other recognizing agency 184
282-approved by any boar d within the jurisdiction of the department 185
283-revokes the certification of an individual because the 186
284-individual has spoken or written publicly about a health care 187
285-service or public policy including, but not limited to, speech 188
286-through the use of a social medi a platform, as defined in s. 189
287-501.2041, and provided such individual is not providing medical 190
288-advice or treatment to a specific patient and provided such 191
289-speech does not separately violate any other applicable law, the 192
290-board within the jurisdiction of the d epartment may revoke the 193
291-approval of such specialty board or other recognizing agency. 194
292- Section 4. If any provision of this act or the application 195
293-thereof to any person or circumstance is held invalid, the 196
294-invalidity does not affect other provisions or applications of 197
295-this act which can be given effect without the invalid provision 198
296-or application, and to this end the provisions of this act are 199
297-severable. 200
298-
299-CS/CS/HB 1403 2023
300-
301-
302-
303-CODING: Words stricken are deletions; words underlined are additions.
304-hb1403-02-c2
305-Page 9 of 9
306-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
307-
308-
309-
310- Section 5. This act shall take effect July 1, 2023. 201
273+through the use of a social media platform, as defined in s. 176
274+501.2041, provided su ch individual is not providing medical 177
275+advice or treatment to a specific patient and provided such 178
276+speech does not violate any other applicable law. 179
277+ (2) If a specialty board or other recognizing agency 180
278+approved by any board within the jurisdiction of the department 181
279+revokes the certification of an individual because the 182
280+individual has spoken or written publicly about a health care 183
281+service or public policy including, but not limited to, speech 184
282+through the use of a social media platform, as defined in s. 185
283+501.2041, and provided such individual is not providing medical 186
284+advice or treatment to a specific patient and provided such 187
285+speech does not separately violate any other applicable law, the 188
286+board within the jurisdiction of the department may revoke the 189
287+approval of such specialty board or other recognizing agency. 190
288+ Section 4. If any provision of this act or the application 191
289+thereof to any person or circumstance is held invalid, the 192
290+invalidity does not affect other provisions or applications of 193
291+this act which can be given effect without the invalid provision 194
292+or application, and to this end the provisions of this act are 195
293+severable. 196
294+ Section 5. This act shall take effect July 1, 2023. 197