Bill Text: FL S0252 | 2023 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Protection from Discrimination Based on Health Care Choices
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-05-12 - Chapter No. 2023-43, companion bill(s) passed, see CS/CS/SB 238 (Ch. 2023-42) [S0252 Detail]
Download: Florida-2023-S0252-Introduced.html
Bill Title: Protection from Discrimination Based on Health Care Choices
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-05-12 - Chapter No. 2023-43, companion bill(s) passed, see CS/CS/SB 238 (Ch. 2023-42) [S0252 Detail]
Download: Florida-2023-S0252-Introduced.html
Florida Senate - 2023 SB 252
By Senator Burton
12-01819B-23 2023252__
1 A bill to be entitled
2 An act relating to protection from discrimination
3 based on health care choices; repealing s. 112.0441,
4 F.S., relating to prohibiting public employers from
5 imposing COVID-19 vaccination mandates; amending s.
6 381.00316, F.S.; providing legislative intent and
7 findings; defining terms; prohibiting business
8 entities and governmental entities from requiring
9 COVID-19 testing to gain access to, entry upon, or
10 service from such entities; prohibiting such entities
11 from requiring persons to provide certain
12 documentation or requiring COVID-19 testing as a
13 condition of contracting, hiring, promotion, or
14 continued employment; prohibiting business and
15 governmental entities from refusing to hire persons,
16 discharging persons, depriving or attempting to
17 deprive persons of employment opportunities, adversely
18 affecting persons with respect to employment, or
19 otherwise discriminating against any person based on
20 knowledge or belief of a person’s COVID-19 vaccination
21 or postinfection recovery status or failure to take a
22 COVID-19 test; prohibiting such entities from
23 requiring persons to wear face coverings in order to
24 gain access to, entry upon, services from, or
25 admission to such entities or from otherwise
26 discriminating against persons based on their refusal
27 to wear a facial covering; providing exceptions;
28 providing administrative penalties; authorizing the
29 Department of Legal Affairs to take specified actions
30 for purposes of conducting investigations or
31 proceedings; requiring collected fines to be deposited
32 in the General Revenue Fund; providing construction;
33 providing that certain terminated employees are
34 eligible for reemployment assistance; repealing s.
35 381.00317, F.S., relating to prohibiting private
36 employers from imposing COVID-19 vaccination mandates;
37 amending s. 381.00319, F.S.; revising definitions;
38 revising provisions related to the prohibition on
39 COVID-19-related mandates by educational institutions;
40 prohibiting educational institutions from requiring a
41 person to provide certain documentation or requiring a
42 COVID-19 test to gain admission to, access to, entry
43 upon, or service from such institutions or otherwise
44 discriminating against any person based on such
45 person’s COVID-19 vaccination or postinfection
46 recovery status or failure to take a COVID-19 test;
47 prohibiting educational institutions from requiring
48 persons to wear face coverings; from denying a person
49 access to, entry upon, services from, or admission to
50 such institutions; or from otherwise discriminating
51 against persons based on their refusal to wear a
52 facial covering; providing exceptions; providing
53 administrative penalties; authorizing the Department
54 of Health to take specified actions for purposes of
55 conducting investigations or proceedings; requiring
56 collected fines to be deposited in the General Revenue
57 Fund; providing construction; creating s. 395.1057,
58 F.S.; prohibiting hospitals from interfering with
59 patients’ right to choose COVID-19 treatment
60 alternatives if certain conditions are met; providing
61 for disciplinary action; creating s. 408.833, F.S.;
62 defining terms; requiring the Agency for Health Care
63 Administration and the Department of Health to jointly
64 develop standards for the appropriate use of facial
65 coverings in health care settings by a specified date;
66 requiring that such standards be posted on the
67 agency’s and department’s respective websites in a
68 specified manner; requiring their websites to include
69 a link for reporting related complaints; requiring the
70 agency and department to adopt rules; providing for
71 emergency rulemaking; requiring health care providers
72 and certain health care practitioners to establish
73 facial covering policies and procedures by a specified
74 date; providing requirements for such policies and
75 procedures; requiring health care providers and health
76 care practitioners to submit their facial covering
77 policies to the agency or department, as applicable,
78 for approval; requiring health care providers and
79 health care practitioners to make such policies and
80 procedures available to the agency or department, as
81 applicable, upon request and easily accessible on
82 their respective websites; creating s. 456.62, F.S.;
83 requiring health care practitioners treating patients
84 diagnosed with COVID-19 to obtain patients’ informed
85 consent before prescribing any medications for
86 treatment of COVID-19; providing a requirement for
87 obtaining such informed consent; requiring health care
88 practitioners to include certain information and use
89 their best clinical judgment when making certain
90 determinations related to alternative medications for
91 treatment of COVID-19; requiring health care
92 practitioners to indicate certain information in their
93 patients’ medical records; providing construction;
94 amending s. 465.0266, F.S.; exempting certain
95 pharmacists from disciplinary action under certain
96 circumstances; amending s. 1002.20, F.S.; conforming
97 provisions to changes made by the act; revising the
98 date of the future repeal of certain provisions;
99 providing an effective date.
100
101 Be It Enacted by the Legislature of the State of Florida:
102
103 Section 1. Section 112.0441, Florida Statutes, is repealed.
104 Section 2. Section 381.00316, Florida Statutes, is amended
105 to read:
106 381.00316 Discrimination based on COVID-19 vaccination
107 status; prohibition vaccine documentation.—
108 (1)(a) It is the intent of the Legislature that Floridians
109 be free from mandated facial coverings, COVID-19 vaccination
110 mandates of any kind, and discrimination based on COVID-19
111 vaccination status, and receive adequate information regarding
112 treatment alternatives for COVID-19.
113 (b) The Legislature finds and declares that society is
114 harmed by discrimination based on COVID-19 vaccination status
115 because healthy persons are deprived of participating in society
116 and accessing employment opportunities. The Legislature further
117 finds and declares that remedies to prevent such discrimination
118 are in the best interest of this state.
119 (2) As used in this section, the term:
120 (a) “Business entity” has the same meaning as in s. 606.03.
121 The term also includes a charitable organization as defined in
122 s. 496.404, a corporation not for profit as defined in s.
123 617.01401, a private club, or any other business operating in
124 this state.
125 (b) “COVID-19” means the novel coronavirus identified as
126 SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
127 fragments, or a virus mutating therefrom; and all conditions
128 associated with the disease which are caused by SARS-CoV-2, its
129 viral fragments, or a virus mutating therefrom.
130 (c) “Department” means the Department of Legal Affairs.
131 (d) “Governmental entity” means the state or any political
132 subdivision thereof, including the executive, legislative, and
133 judicial branches of government; the independent establishments
134 of the state, counties, municipalities, districts, authorities,
135 boards, or commissions; or any agencies that are subject to
136 chapter 286. The term does not include an educational
137 institution as defined in s. 381.00319.
138 (3)(1) A business entity, as defined in s. 768.38 to
139 include any business operating in this state, may not require
140 any person patrons or customers to provide any documentation
141 certifying COVID-19 vaccination or postinfection recovery or
142 require a COVID-19 test to gain access to, entry upon, or
143 service from the business operations in this state or as a
144 condition of contracting, hiring, promotion, or continued
145 employment from the business entity. A business entity may not
146 refuse to hire, or discharge, a person; deprive or attempt to
147 deprive a person of employment opportunities; adversely affect a
148 person’s status as an employee or as an applicant for
149 employment; or otherwise discriminate against a person based on
150 knowledge or belief of the person’s COVID-19 vaccination or
151 postinfection recovery status or a person’s failure to take a
152 COVID-19 test. This subsection does not otherwise restrict
153 businesses from instituting screening protocols consistent with
154 authoritative or controlling government-issued guidance to
155 protect public health.
156 (4)(2) A governmental entity as defined in s. 768.38 may
157 not require any person persons to provide any documentation
158 certifying COVID-19 vaccination or postinfection recovery or
159 require a COVID-19 test to gain access to, entry upon, or
160 service from the governmental entity’s operations in this state
161 or as a condition of contracting, hiring, promotion, or
162 continued employment from the governmental entity. A
163 governmental entity may not refuse to hire, or discharge, a
164 person; deprive or attempt to deprive a person of employment
165 opportunities; adversely affect a person’s status as an
166 employee; or otherwise discriminate against a person based on
167 the knowledge or belief of the person’s COVID-19 vaccination or
168 postinfection recovery status or a person’s failure to take a
169 COVID-19 test.
170 (5) A business entity or governmental entity may not
171 require a person to wear a face mask, a face shield, or any
172 other facial covering that covers the mouth and nose. A business
173 entity or governmental entity may not deny any person access to,
174 entry upon, service from, or admission to such entity or
175 otherwise discriminate against a person based on such person’s
176 refusal to wear a face mask, a face shield, or any other facial
177 covering that covers the mouth and nose. This subsection does
178 not apply to:
179 (a) A health care provider or health care practitioner as
180 those terms are defined in s. 408.833, provided such health care
181 provider or health care practitioner is in compliance with that
182 section.
183 (b) A business entity or governmental entity when a face
184 mask, a face shield, or any other facial covering that covers
185 the mouth and nose is required safety equipment consistent with
186 occupational or laboratory safety requirements This subsection
187 does not otherwise restrict governmental entities from
188 instituting screening protocols consistent with authoritative or
189 controlling government-issued guidance to protect public health.
190 (3) An educational institution as defined in s. 768.38 may
191 not require students or residents to provide any documentation
192 certifying COVID-19 vaccination or postinfection recovery for
193 attendance or enrollment, or to gain access to, entry upon, or
194 service from such educational institution in this state. This
195 subsection does not otherwise restrict educational institutions
196 from instituting screening protocols consistent with
197 authoritative or controlling government-issued guidance to
198 protect public health.
199 (6)(a)(4) The department may impose an administrative a
200 fine not to exceed $5,000 for each individual and separate per
201 violation of this section.
202 (b) For purposes of conducting an investigation or a
203 proceeding, the department may administer oaths, take
204 depositions, make inspections when authorized by law, issue
205 subpoenas supported by affidavit, serve subpoenas and other
206 process, and compel the attendance of witnesses and the
207 production of books, papers, documents, and other evidence.
208 Challenges to and enforcement of subpoenas or orders shall be in
209 accordance with s. 120.569.
210 (c) Fines collected pursuant to this section must be
211 deposited into the General Revenue Fund.
212 (7) This section does not limit the right of the person
213 aggrieved by a violation of this section to recover damages or
214 other relief under any other applicable law.
215 (8) If a governmental entity fails to comply with
216 subsection (4), an employee terminated based on such
217 noncompliance may be eligible for reemployment assistance under
218 chapter 443 in addition to any other remedy available to the
219 employee for a violation of this section.
220 (5) This section does not apply to a health care provider
221 as defined in s. 768.38; a service provider licensed or
222 certified under s. 393.17, part III of chapter 401, or part IV
223 of chapter 468; or a provider with an active health care clinic
224 exemption under s. 400.9935.
225 (9)(6) The department may adopt rules pursuant to ss.
226 120.536 and 120.54 to implement this section.
227 Section 3. Section 381.00317, Florida Statutes, is
228 repealed.
229 Section 4. Section 381.00319, Florida Statutes, is amended
230 to read:
231 381.00319 Prohibition on mask mandates and COVID-19
232 vaccination and testing mandates for educational institutions
233 students.—
234 (1) For purposes of this section, the term:
235 (a) “COVID-19” means the novel coronavirus identified as
236 SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
237 fragments, or a virus mutating therefrom; and all conditions
238 associated with the disease which are caused by SARS-CoV-2, its
239 viral fragments, or a virus mutating therefrom has the same
240 meaning as in s. 381.00317(1).
241 (b) “Educational institution” means a public or private
242 school, including a preschool, elementary school, middle school,
243 junior high school, secondary school, career center, or
244 postsecondary school has the same meaning as in s. 112.0441(1).
245 (c) “Parent” has the same meaning as in s. 1000.21(5).
246 (2)(a) Notwithstanding any other law to the contrary, An
247 educational institution or elected or appointed local official
248 may not impose a COVID-19 vaccination mandate on for any person
249 student.
250 (b) An educational institution may not require any person
251 to provide any documentation certifying COVID-19 vaccination or
252 postinfection recovery or require a COVID-19 test to gain
253 admission or access to, entry upon, or service from the
254 educational institution in this state. An educational
255 institution may not otherwise discriminate against any person
256 based on such person’s COVID-19 vaccination or postinfection
257 recovery status or such person’s failure to take a COVID-19
258 test.
259 (3) An educational institution may not require a person to
260 wear a face mask, a face shield, or any other facial covering
261 that covers the mouth and nose. An educational institution may
262 not deny any person access to, entry upon, service from, or
263 admission to such educational institution or otherwise
264 discriminate against a person based on such person’s refusal to
265 wear a face mask, a face shield, or any other facial covering
266 that covers the mouth and nose. This subsection does not apply
267 to:
268 (a) A health care provider or health care practitioner as
269 those terms are defined in s. 408.833, provided such health care
270 provider or health care practitioner is in compliance with that
271 section.
272 (b) An educational institution when a face mask, a face
273 shield, or any other facial covering that covers the mouth and
274 nose is used as required safety equipment in a course of study
275 consistent with occupational or laboratory safety requirements.
276 (4)(a) The Department of Health may impose an
277 administrative fine not to exceed $5,000 for each individual and
278 separate violation of this section.
279 (b) For the purpose of conducting an investigation or a
280 proceeding, the Department of Health may administer oaths, take
281 depositions, make inspections when authorized by law, issue
282 subpoenas supported by affidavit, serve subpoenas and other
283 process, and compel the attendance of witnesses and the
284 production of books, papers, documents, and other evidence.
285 Challenges to and enforcement of subpoenas or orders shall be in
286 accordance with s. 120.569.
287 (c) Fines collected pursuant to this section must be
288 deposited into the General Revenue Fund.
289 (5) This section does not limit the right of the person
290 aggrieved by a violation of this section to recover damages or
291 other relief under any other applicable law.
292 (3) A parent of a student, a student who is an emancipated
293 minor, or a student who is 18 years of age or older may bring an
294 action against the educational institution to obtain a
295 declaratory judgment that an act or practice violates this
296 section and to seek injunctive relief. A prevailing parent or
297 student, as applicable, must be awarded reasonable attorney fees
298 and court costs.
299 (4) This section expires June 1, 2023.
300 Section 5. Section 395.1057, Florida Statutes, is created
301 to read:
302 395.1057 Patients’ right to choose COVID-19 treatment
303 alternatives.—A hospital may not interfere with a patient’s
304 right to choose COVID-19 treatment alternatives as recommended
305 by a health care practitioner with privileges at the hospital if
306 the health care practitioner has obtained informed consent from
307 the patient in accordance with s. 456.62. Any hospital that
308 violates this section by preventing a health care practitioner
309 from exercising his or her sound judgment is subject to agency
310 disciplinary action under s. 395.1065(2).
311 Section 6. Section 408.833, Florida Statutes, is created to
312 read:
313 408.833 Facial covering requirements for health care
314 facilities and health care providers.—
315 (1) As used in this section, the term:
316 (a) “Department” means the Department of Health.
317 (b) “Facial covering” means a cloth or surgical face mask,
318 a face shield, or any other facial covering that covers the
319 mouth and nose.
320 (c) “Health care practitioner” has the same meaning as in
321 s. 456.001.
322 (d) “Health care provider” means a health care provider as
323 defined in s. 408.07; a service provider licensed or certified
324 under s. 393.17, part III of chapter 401, or part IV of chapter
325 468; or a provider with an active health care clinic exemption
326 under s. 400.9935.
327 (e) “Office” means an office maintained by a health care
328 practitioner for the practice of the individual’s profession, as
329 defined in his or her practice act.
330 (2) By August 1, 2023, the agency and the department shall
331 jointly develop standards for the appropriate use of facial
332 coverings for infection control in health care settings.
333 (a) The standards must be posted on the agency and
334 department’s respective websites and in a manner easily
335 accessible from the homepage of their respective websites. Each
336 website must also include an easily accessible link to report
337 complaints for violations of the standards.
338 (b) The agency and department shall adopt rules to
339 implement this subsection and may use emergency rulemaking
340 procedures established in s. 120.54(4) to adopt such rules. Such
341 emergency rules are exempt from s. 120.54(4)(c) and shall remain
342 in effect until replaced by rules adopted under the nonemergency
343 rulemaking procedures established in chapter 120.
344 (3)(a) By September 1, 2023, each health care provider and
345 each health care practitioner who operates or manages an office
346 shall establish facial covering policies and procedures for
347 their respective health care settings, consistent with the
348 standards adopted by the agency and the department. The policies
349 and procedures:
350 1. Must detail the clinical circumstances under which
351 facial coverings are required to be worn by employees and
352 contractors; and
353 2. May not require patients, visitors, or guests to wear
354 facial coverings unless it is clinically necessitated in order
355 to stop the transmission of a confirmed or suspected infectious
356 disease, in accordance with the standards adopted by the agency
357 and department.
358 (b) Health care providers and health care practitioners
359 shall submit their facial covering policies and procedures to
360 the agency or department, as applicable, for approval when
361 applying for initial licensure, license renewal, or change of
362 ownership. Health care providers and health care practitioners
363 must make such policies and procedures available to the agency
364 or department, as applicable, for review upon request, and
365 easily accessible to the public on the homepages of their
366 respective websites.
367 Section 7. Section 456.62, Florida Statutes, is created to
368 read:
369 456.62 Communication of COVID-19 treatment alternatives.—
370 (1) A health care practitioner treating a patient diagnosed
371 with COVID-19 shall obtain the informed consent of the patient
372 or the patient’s legal representative before prescribing any
373 medication for the treatment of COVID-19.
374 (2) To obtain informed consent, the health care
375 practitioner must provide an explanation of alternative
376 medications for the treatment of COVID-19 and the relative
377 advantages, disadvantages, and risks associated with such
378 alternative medications to the extent necessary to allow the
379 patient or the patient’s legal representative to make a prudent
380 decision regarding treatment.
381 (3) In determining which alternative medications to present
382 to a patient for purposes of obtaining informed consent, the
383 health care practitioner must include any medications currently
384 authorized or approved by the United States Food and Drug
385 Administration for the treatment of COVID-19 and use his or her
386 best clinical judgment to identify any alternative medications
387 that could be reasonably expected to benefit the patient.
388 (4) In providing such information regarding alternative
389 medications, the health care practitioner shall take into
390 consideration the physical state of the patient and the
391 patient’s ability to understand the information.
392 (5) A health care practitioner treating a patient diagnosed
393 with COVID-19 shall indicate on such patient’s medical record
394 the health care practitioner’s compliance or noncompliance with
395 this section.
396 (6) This section does not supersede any other provision of
397 law regarding informed consent.
398 Section 8. Section 465.0266, Florida Statutes, is amended
399 to read:
400 465.0266 Common database.—Nothing contained in this chapter
401 shall be construed to prohibit the dispensing by a pharmacist
402 licensed in this state or another state of a prescription
403 contained in a common database, and such dispensing shall not
404 constitute a transfer as defined in s. 465.026(1)-(6), provided
405 that the following conditions are met:
406 (1) All pharmacies involved in the transactions pursuant to
407 which the prescription is dispensed are under common ownership
408 and utilize a common database.
409 (2) All pharmacies involved in the transactions pursuant to
410 which the prescription is dispensed and all pharmacists engaging
411 in dispensing functions are properly licensed, permitted, or
412 registered in this state or another state.
413 (3) The common database maintains a record of all
414 pharmacists involved in the process of dispensing a
415 prescription.
416 (4) The owner of the common database maintains a policy and
417 procedures manual that governs its participating pharmacies,
418 pharmacists, and pharmacy employees and that is available to the
419 board or its agent upon request. The policy and procedures
420 manual shall include the following information:
421 (a) A best practices model detailing how each pharmacy and
422 each pharmacist accessing the common database will comply with
423 applicable federal and state laws, rules, and regulations.
424 (b) The procedure for maintaining appropriate records for
425 regulatory oversight for tracking a prescription during each
426 stage of the filling and dispensing process, identifying the
427 pharmacists involved in filling and dispensing the prescription
428 and counseling the patient, and responding to any requests for
429 information made by the board under s. 465.0156.
430 (c) The policy and procedure for providing adequate
431 security to protect the confidentiality and integrity of patient
432 information.
433 (d) A quality assurance program designed to objectively and
434 systematically monitor, evaluate, and improve the quality and
435 appropriateness of patient care through the use of the common
436 database.
437
438 Any pharmacist dispensing a prescription has at all times the
439 right and obligation to exercise his or her independent
440 professional judgment. Any pharmacist properly dispensing an
441 alternative medication prescribed for the treatment of COVID-19
442 is not subject to disciplinary action by the board or the
443 department based solely on such dispensing. Notwithstanding
444 other provisions in this section, a no pharmacist licensed in
445 this state participating in the dispensing of a prescription
446 pursuant to this section is not shall be responsible for the
447 acts and omissions of another person participating in the
448 dispensing process provided such person is not under the direct
449 supervision and control of the pharmacist licensed in this
450 state.
451 Section 9. Paragraph (n) of subsection (3) of section
452 1002.20, Florida Statutes, is amended to read:
453 1002.20 K-12 student and parent rights.—Parents of public
454 school students must receive accurate and timely information
455 regarding their child’s academic progress and must be informed
456 of ways they can help their child to succeed in school. K-12
457 students and their parents are afforded numerous statutory
458 rights including, but not limited to, the following:
459 (3) HEALTH ISSUES.—
460 (n) Face covering mandates and quarantine mandates in
461 response to COVID-19.—
462 1. A district school board, a district school
463 superintendent, an elected or appointed local official, or any
464 district school board employee may not:
465 a. Require a student to wear a face mask, a face shield, or
466 any other facial covering that fits over the mouth or nose.
467 However, a parent, at the parent’s sole discretion, may allow
468 his or her child to wear a face mask, a face shield, or any
469 other facial covering that fits over the mouth or nose. This
470 prohibition does not apply to safety equipment required as part
471 of a course of study consistent with occupational or laboratory
472 safety requirements.
473 b. Prohibit a student from attending school or school
474 sponsored activities, prohibit a student from being on school
475 property, or subject a student to restrictions or disparate
476 treatment, based on an exposure to COVID-19, so long as the
477 student remains asymptomatic and has not received a positive
478 test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1).
479
480 A parent of a student, a student who is an emancipated minor, or
481 a student who is 18 years of age or older may bring an action
482 against the school district to obtain a declaratory judgment
483 that an act or practice violates this subparagraph and to seek
484 injunctive relief. A prevailing parent or student, as
485 applicable, must be awarded reasonable attorney fees and court
486 costs.
487 2. A district school board, a district school
488 superintendent, an elected or appointed local official, or any
489 school district employee may not prohibit an employee from
490 returning to work or subject an employee to restrictions or
491 disparate treatment based on an exposure to COVID-19 so long as
492 the employee remains asymptomatic and has not received a
493 positive test for COVID-19 as defined in s. 381.00319(1) s.
494 381.00317(1).
495 3. This paragraph expires July June 1, 2023.
496 Section 10. This act shall take effect July 1, 2023.
