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PCS for CS/HB 1013, Protection from Discrimination Based on Health Care Choices — Commerce Committee

Summary

PCS for CS/HB 1013 (ORIGINAL) in the Commerce Committee, a bill to be entitled an act relating to protection from discrimination based on health care choices. The bill amends section 381.00316 to prohibit business entities and governmental entities from requiring certain documentation or COVID-19 testing for access, service, contracting, hiring, promotion, or continued employment. It requires such entities to provide exemptions and reasonable accommodations for religious and medical reasons and addresses face coverings. Section 10 provides a June 1, 2023 effective date.

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“PCS for CS/HB 1013, Protection from Discrimination Based on Health Care Choices — Commerce Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-de81bee873/, SHA-256 b1b5fe4f41d1421fced8e24d33fc9b30beaf244faac674c21a67ade1fd41a196.

Full text

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           PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




    1                                         A bill to be entitled
    2              An act relating to protection from discrimination
    3              based on health care choices; amending s. 381.00316,
    4              F.S.; providing legislative intent and findings;
    5              defining terms; prohibiting business entities and
    6              governmental entities from requiring certain
    7              documentation or COVID-19 testing to gain access to,
    8              entry upon, or service from such entities or as a
    9              condition of contracting, hiring, promotion, or
10                 continued employment; prohibiting business and
11                 governmental entities from refusing to hire persons,
12                 discharging persons, depriving or attempting to
13                 deprive persons of employment opportunities, adversely
14                 affecting persons with respect to employment, or
15                 otherwise discriminating against any person based on
16                 knowledge or belief of a person's vaccination or
17                 COVID-19 postinfection recovery status or failure to
18                 take a COVID-19 test; requiring such entities to
19                 provide exemptions and reasonable accommodations for
20                 religious and medical reasons; prohibiting such
21                 entities from requiring persons to wear face coverings
22                 in order to gain access to, entry upon, services from,
23                 or admission to such entities or from otherwise
24                 discriminating against persons based on their refusal
25                 to wear a facial covering; providing exceptions;

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        PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




26              requiring the Department of Health to adopt certain
27              emergency rules; providing administrative penalties;
28              authorizing the Department of Legal Affairs to take
29              specified actions for purposes of conducting
30              investigations or proceedings; requiring that
31              collected fines be deposited in the General Revenue
32              Fund; providing construction; providing that certain
33              terminated employees are eligible for reemployment
34              assistance; amending s. 381.00319, F.S.; revising and
35              defining terms; revising provisions related to the
36              prohibition on COVID-19-related mandates by
37              educational institutions; prohibiting educational
38              institutions from imposing certain vaccine mandates on
39              any person; prohibiting educational institutions from
40              requiring a person to provide certain documentation or
41              requiring a COVID-19 test to gain admission to, access
42              to, entry upon, or service from such institutions or
43              otherwise discriminating against any person based on
44              such person's vaccination or COVID-19 postinfection
45              recovery status or failure to take a COVID-19 test;
46              requiring educational institutions to provide
47              exemptions and reasonable accommodations for religious
48              and medical reasons; prohibiting educational
49              institutions from requiring persons to wear face
50              coverings, from denying persons access to, entry upon,

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        PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




51              services from, or admission to such institutions, or
52              from otherwise discriminating against persons based on
53              their refusal to wear a facial covering; providing
54              exceptions; requiring the Department of Health to
55              adopt certain emergency rules; providing
56              administrative penalties; authorizing the department
57              to take specified actions for purposes of conducting
58              investigations or proceedings; requiring that
59              collected fines be deposited in the General Revenue
60              Fund; providing construction; authorizing the
61              department to adopt rules; creating s. 381.00321,
62              F.S.; prohibiting governmental entities and
63              educational institutions from adopting, implementing,
64              or enforcing certain public health policies or
65              guidelines unless authorized by state law, rule, or
66              executive order; creating s. 395.1057, F.S.;
67              prohibiting hospitals from interfering with patients'
68              right to choose COVID-19 treatment alternatives if
69              certain conditions are met; providing for disciplinary
70              action; creating s. 408.824, F.S.; defining terms;
71              requiring the Agency for Health Care Administration
72              and the Department of Health to jointly develop
73              standards for the appropriate use of facial coverings
74              in health care settings by a specified date; requiring
75              the agency and the department to adopt emergency rules

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




 76              to develop such standards; requiring the agency and
 77              the department to post such standards on their
 78              respective websites and provide a link for reporting
 79              related violations; requiring certain health care
 80              practitioners and all health care providers to
 81              establish facial covering policies and procedures by a
 82              specified date; providing requirements for such
 83              policies and procedures; requiring such health care
 84              practitioners and health care providers to make their
 85              policies and procedures easily accessible on their
 86              respective websites; beginning on a specified date,
 87              prohibiting health care practitioners and health care
 88              providers from requiring persons to wear a facial
 89              covering for any reason unless the requirement is in
 90              accordance with specified policies and procedures;
 91              providing for disciplinary action; creating s. 456.62,
 92              F.S.; requiring health care practitioners treating
 93              patients diagnosed with COVID-19 to obtain patients'
 94              informed consent before prescribing any medications
 95              for treatment of COVID-19; providing a requirement for
 96              obtaining such informed consent; requiring health care
 97              practitioners to include certain information and use
 98              their best clinical judgment when making certain
 99              determinations related to alternative medications for
100              treatment of COVID-19; requiring health care

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




101              practitioners to indicate certain information in their
102              patients' medical records; providing construction;
103              amending s. 465.0266, F.S.; exempting certain
104              pharmacists from disciplinary action under certain
105              circumstances; amending s. 1002.20, F.S.; conforming
106              provisions to changes made by the act; abrogating the
107              future repeal of specified provisions; providing for
108              the future repeal of specified provisions; providing
109              effective dates.
110
111      Be It Enacted by the Legislature of the State of Florida:
112
113              Section 1. Section 381.00316, Florida Statutes, is amended
114      to read:
115              381.00316          Discrimination by governmental and business
116      entities based on health care choices; prohibition COVID-19
117      vaccine documentation.—
118              (1)(a)        It is the intent of the Legislature that Floridians
119      be free from mandated facial coverings, mandates of any kind
120      relating to vaccines as provided in this section, and
121      discrimination based on such vaccination status.
122              (b)         The Legislature finds that society is harmed by
123      discrimination based on vaccination status as provided in this
124      section when healthy persons are prevented from participating in
125      society and accessing employment opportunities. The Legislature

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




126      further finds that remedies to prevent such discrimination are
127      in the best interest of this state.
128              (2)         As used in this section, the term:
129              (a)         "Business entity" has the same meaning as in s.
130      606.03. The term also includes a charitable organization as
131      defined in s. 496.404, a corporation not for profit as defined
132      in s. 617.01401, or any other business operating in this state.
133              (b)         "COVID-19" means the novel coronavirus identified as
134      SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
135      fragments, or a virus mutating therefrom; and all conditions
136      associated with the disease which are caused by SARS-CoV-2, its
137      viral fragments, or a virus mutating therefrom.
138              (c)         "COVID-19 vaccine" means a preparation designed to
139      stimulate the human body's immune response against COVID-19.
140              (d)         "Department" means the Department of Legal Affairs.
141              (e)         "Emergency use authorization vaccine" means any
142      vaccine that is authorized for emergency use under 21 U.S.C.
143      360bbb–3(a)(1) and qualifies as an unapproved product under 21
144      U.S.C. 360bbb–3(a)(2)(A).
145              (f)         "Governmental entity" means the state or any political
146      subdivision thereof, including the executive, legislative, and
147      judicial branches of government; the independent establishments
148      of the state, counties, municipalities, districts, authorities,
149      boards, or commissions; or any agencies that are subject to
150      chapter 286. The term does not include an educational

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




151      institution as defined in s. 381.00319.
152              (g)         "Messenger ribonucleic acid vaccine" means any vaccine
153      that uses laboratory-produced messenger ribonucleic acid to
154      trigger the human body's immune system to generate an immune
155      response.
156              (3)(a)(1)          A business entity, as defined in s. 768.38 to
157      include any business operating in this state, may not require
158      any person patrons or customers to provide any documentation
159      certifying COVID-19 vaccination with any vaccine defined under
160      subsection (2) or postinfection recovery from COVID-19, or
161      require a COVID-19 test, to gain access to, entry upon, or
162      service from the business operations in this state or as a
163      condition of contracting, hiring, promotion, or continued
164      employment with the business entity.
165              (b)         A business entity may not discharge or refuse to hire
166      a person; deprive or attempt to deprive a person of employment
167      opportunities; adversely affect a person's status as an employee
168      or as an applicant for employment; or otherwise discriminate
169      against a person based on knowledge or belief of the person's
170      status relating to vaccination with any vaccine defined under
171      subsection (2) or COVID-19 postinfection recovery, or a person's
172      failure to take a COVID-19 test.
173              (c)         For matters relating to vaccines other than those
174      defined under subsection (2), a business entity shall provide
175      for exemptions and reasonable accommodations for religious and

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




176      medical reasons in accordance with federal law This subsection
177      does not otherwise restrict businesses from instituting
178      screening protocols consistent with authoritative or controlling
179      government-issued guidance to protect public health.
180              (4)(a)(2)          A governmental entity as defined in s. 768.38
181      may not require any person persons to provide any documentation
182      certifying COVID-19 vaccination with any vaccine defined under
183      subsection (2) or postinfection recovery from COVID-19, or
184      require a COVID-19 test, to gain access to, entry upon, or
185      service from the governmental entity's operations in this state
186      or as a condition of contracting, hiring, promotion, or
187      continued employment with the governmental entity.
188              (b)         A governmental entity may not discharge or refuse to
189      hire a person; deprive or attempt to deprive a person of
190      employment opportunities; adversely affect a person's status as
191      an employee; or otherwise discriminate against a person based on
192      the knowledge or belief of the person's status relating to
193      vaccination with any vaccine defined under subsection (2) or a
194      person's failure to take a COVID-19 test.
195              (c)         For matters relating to vaccines other than those
196      defined under subsection (2), a governmental entity shall
197      provide for exemptions and reasonable accommodations for
198      religious and medical reasons in accordance with federal law .
199              (5)(a)        A business entity or governmental entity may not
200      require a person to wear a face mask, a face shield, or any

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




201      other facial covering that covers the mouth and nose. A business
202      entity or governmental entity may not deny any person access to,
203      entry upon, service from, or admission to such entity or
204      otherwise discriminate against a person based on such person's
205      refusal to wear a face mask, a face shield, or any other facial
206      covering that covers the mouth and nose.
207              (b)         Paragraph (a) does not apply to:
208              1.      A health care provider or health care practitioner as
209      those terms are defined in s. 408.824, provided that such health
210      care provider or health care practitioner is in compliance with
211      that section.
212              2.      A business entity or governmental entity when a face
213      mask, a face shield, or any other facial covering that covers
214      the mouth and nose is required safety equipment consistent with
215      occupational or laboratory safety requirements, in accordance
216      with standards adopted by the Department of Health. The
217      Department of Health shall adopt emergency rules to develop such
218      standards. Emergency rules adopted under this subparagraph are
219      exempt from s. 120.54(4)(c) and shall remain in effect until
220      replaced by rules adopted under the nonemergency rulemaking
221      procedures of the Administrative Procedure Act This subsection
222      does not otherwise restrict governmental entities from
223      instituting screening protocols consistent with authoritative or
224      controlling government-issued guidance to protect public health.
225              (3)         An educational institution as defined in s. 768.38 may

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




226      not require students or residents to provide any documentation
227      certifying COVID-19 vaccination or postinfection recovery for
228      attendance or enrollment, or to gain access to, entry upon, or
229      service from such educational institution in this state. This
230      subsection does not otherwise restrict educational institutions
231      from instituting screening protocols consistent wit h
232      authoritative or controlling government-issued guidance to
233      protect public health.
234              (6)(a)(4)          The department may impose an administrative a
235      fine not to exceed $5,000 for each individual and separate per
236      violation of this section.
237              (b)         For purposes of conducting an investigation or a
238      proceeding, the department may administer oaths, take
239      depositions, make inspections when authorized by law, issue
240      subpoenas supported by affidavit, serve subpoenas and other
241      process, and compel the attendance of witnesses and the
242      production of books, papers, documents, and other evidence.
243      Challenges to and enforcement of subpoenas or orders shall be in
244      accordance with s. 120.569.
245              (c)         Fines collected pursuant to this section must be
246      deposited into the General Revenue Fund.
247              (7)         This section does not limit the right of the person
248      aggrieved by a violation of this section to recover damages or
249      other relief under any other applicable law.
250              (8)         If a governmental entity fails to comply with

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




251      subsection (4), an employee terminated based on such
252      noncompliance may be eligible for reemployment assistance under
253      chapter 443 in addition to any other remedy available to the
254      employee for a violation of this section.
255              (5)         This section does not apply to a health care provider
256      as defined in s. 768.38; a service provider licensed or
257      certified under s. 393.17, part III of chapter 401, or part IV
258      of chapter 468; or a provider with an active health care clinic
259      exemption under s. 400.9935.
260              (9)(6)        The department may adopt rules pursuant to ss.
261      120.536 and 120.54 to implement this section.
262              Section 2. Section 381.00319, Florida Statutes, is amended
263      to read:
264              381.00319          Prohibition on mask mandates and COVID-19
265      vaccination and testing mandates for educational institutions
266      students.—
267              (1)         For purposes of this section, the term:
268              (a)         "COVID-19" has the same meaning as in s. 381.00316
269      381.00317(1).
270              (b)         "COVID-19 vaccine" has the same meaning as in s.
271      381.00316.
272              (c)         "Educational institution" means a public or private
273      school, including a preschool, elementary school, middle school,
274      junior high school, secondary school, career center, or
275      postsecondary school has the same meaning as in s. 112.0441(1).

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




276              (d)         "Emergency use authorization vaccine″ has the same
277      meaning as in s. 381.00316.
278              (e)         "Messenger ribonucleic acid vaccine" has the same
279      meaning as in s. 381.00316.
280              (c)         "Parent" has the same meaning as in s. 1000.21(5).
281              (2)(a)        Notwithstanding any other law to the contrary, An
282      educational institution or elected or appointed local official
283      may not impose a COVID-19 vaccination mandate on for any person
284      requiring vaccination with any vaccine defined under subsection
285      (1) student.
286              (b)         An educational institution may not require any person
287      to provide any documentation certifying vaccination with any
288      vaccine defined under subsection (1) or postinfection recovery
289      from COVID-19, or require a COVID-19 test, to gain admission or
290      access to, entry upon, or service from the educational
291      institution in this state or as a condition of contracting,
292      hiring, promotion, or continued employment with the educational
293      institution. An educational institution may not discharge or
294      refuse to hire a person; deprive or attempt to deprive a person
295      of employment opportunities; adversely affect a person's status
296      as an employee or as an applicant for employment; or otherwise
297      discriminate against a person based on knowledge or belief of
298      the person's status relating to vaccination with any vaccine
299      defined under subsection (1) or COVID-19 postinfection recovery,
300      or a person's failure to take a COVID-19 test.

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




301              (c)         For matters relating to vaccines other than those
302      defined under subsection (1), an educational institution shall
303      provide for exemptions and reasonable accommodations for
304      religious and medical reasons in accordance with federal law.
305              (3)(a)        An educational institution may not require a person
306      to wear a face mask, a face shield, or any other facial covering
307      that covers the mouth and nose. An educational institution may
308      not deny any person access to, entry upon, service fr om, or
309      admission to such educational institution or otherwise
310      discriminate against a person based on such person's refusal to
311      wear a face mask, a face shield, or any other facial covering
312      that covers the mouth and nose.
313              (b)         Paragraph (a) does not apply to:
314              1.      A health care provider or health care practitioner as
315      those terms are defined in s. 408.824, provided such health care
316      provider or health care practitioner is in compliance with that
317      section.
318              2.      An educational institution when a face mask, a face
319      shield, or any other facial covering that covers the mouth and
320      nose is used as required safety equipment in a course of study
321      consistent with occupational or laboratory safety requirements,
322      in accordance with standards adopted by the Department of
323      Health. The Department of Health shall adopt emergency rules to
324      develop such standards. Emergency rules adopted under this
325      subparagraph are exempt from s. 120.54(4)(c) and shall remain in

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




326      effect until replaced by rules adopted under the nonemergency
327      rulemaking procedures of the Administrative Procedure Act.
328              (4)(a)        Notwithstanding s. 768.39, the Department of Health
329      may impose an administrative fine not to exceed $5,000 for each
330      individual and separate violation of this section.
331              (b)         For the purpose of conducting an investigation or a
332      proceeding, the Department of Health may administer oaths, take
333      depositions, make inspections when authorized by law, issue
334      subpoenas supported by affidavit, serve subpoenas and other
335      process, and compel the attendance of witnesses and the
336      production of books, papers, documents, and other evidence.
337      Challenges to and enforcement of subpoenas or orders shall be in
338      accordance with s. 120.569.
339              (c)         Fines collected pursuant to this section must be
340      deposited in the General Revenue Fund.
341              (5)         This section does not limit the right of the person
342      aggrieved by a violation of this section to recover damages or
343      other relief under any other applicable law.
344              (6)         The Department of Health may adopt rules to implement
345      this section.
346              (3)         A parent of a student, a student who is an emancipated
347      minor, or a student who is 18 years of age or older may bring an
348      action against the educational institution to obtain a
349      declaratory judgment that an act or practice violates this
350      section and to seek injunctive relief. A prevailing parent or

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         PCS for CS/HB 1013                          ORIGINAL                                                 YEAR




351      student, as applicable, must be awarded reasonable attorney fees
352      and court costs.
353              (4)         This section expires June 1, 2023.
354              Section 3.           Section 381.00321, Florida Statutes, is created
355      to read:
356              381.00321          International health organization policies.—A
357      governmental entity as defined in s. 381.00316 or an educational
358      institution as defined in s. 381.00319 may not adopt, implement,
359      or enforce an international health organization's public health
360      policies or guidelines unless authorized to do so under state
361      law, rule, or executive order issued by the Governor under s.
362      252.36.
363              Section 4. Section 395.1057, Florida Statutes, is created
364      to read:
365              395.1057           Patients' right to choose COVID-19 treatment
366      alternatives.—A hospital may not interfere with a patient's
367      right to choose COVID-19 treatment alternatives as recommended
368      by a health care practitioner with privileges at the hospital if
369      the health care practitioner has obtained informed consent from
370      the patient in accordance with s. 456.62. Any hospital that
371      violates this section by preventing a health care practitioner
372      from exercising his or her sound judgment is subject to agency
373      disciplinary action under s. 395.1065(2).
374              Section 5. Effective upon this act becoming a law, section
375      408.824, Florida Statutes, is created to read:

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         PCS for CS/HB 1013                         ORIGINAL                                                  YEAR




376              408.824        Facial covering requirements for health care
377      practitioners and health care providers.—
378              (1)         As used in this section, the term:
379              (a)         "Department" means the Department of Health.
380              (b)         "Facial covering" means a cloth or surgical face mask,
381      a face shield, or any other facial covering that covers the
382      mouth and nose.
383              (c)         "Health care practitioner" has the same meaning as in
384      s. 456.001.
385              (d)         "Health care provider" means a provider as defined in
386      s. 408.803; a service provider licensed or certified under s.
387      393.17, part III of chapter 401, or part IV of chapter 468; a
388      provider with an active health care clinic exemption under s.
389      400.9935; an optical establishment permitted under s. 484.007; a
390      massage establishment licensed under s. 480.043; a pharmacy as
391      defined in s. 465.003; or an office registered under s. 458.328
392      or s. 459.0138.
393              (e)         "Office" means an office maintained for the practice
394      of a health care practitioner's profession, as provided in his
395      or her practice act.
396              (2)(a)        By July 1, 2023, the agency and the department
397      shall jointly develop standards for the appropriate use of
398      facial coverings for infection control in health care settings.
399              (b)         The agency and the department shall adopt emergency
400      rules for the standards developed under paragraph (a). Emergency

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401      rules adopted under this section are exempt from s. 120.54(4)(c)
402      and shall remain in effect until replaced by rules adopted under
403      the nonemergency rulemaking procedures of the Administrative
404      Procedure Act.
405              (c)         The agency and the department shall publish the
406      standards developed under paragraph (a) on their respective
407      websites and provide a link for persons to report violations of
408      the standards.
409              (3)         By August 1, 2023, each health care practitioner who
410      owns or operates an office and each health care provider shall
411      establish facial covering policies and procedures for their
412      respective health care settings, if such health care
413      practitioner or health care provider requires any individual to
414      wear a facial covering for any reason. Such policies and
415      procedures must comply with the standards developed under
416      subsection (2) and must be accessible from the home page of such
417      health care practitioner's or health care provider's website or
418      conspicuously displayed in the lobby of its health care service
419      setting or settings.
420              (4)         Effective August 1, 2023:
421              (a)         Health care practitioners and health care providers
422      may not require any person to wear a facial covering for any
423      reason unless the requirement is in accordance with the
424      standards developed under subsection (2) and the policies and
425      procedures established under subsection (3).

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426              (b)         A health care practitioner or a health care provider
427      in violation of paragraph (a) or subsection (3) is subject to
428      disciplinary action by the agency or a board as defined in s.
429      456.001, or the department if there is no board, as applicable.
430              Section 6. Section 456.62, Florida Statutes, is created to
431      read:
432              456.62        Communication of COVID-19 treatment alternatives.—
433              (1)         A health care practitioner treating a patient
434      diagnosed with COVID-19 shall obtain the informed consent of the
435      patient or the patient's legal representative before prescribing
436      any medication for the treatment of COVID-19.
437              (2)         To obtain informed consent, the health care
438      practitioner must provide an explanation of alternative
439      medications for the treatment of COVID-19 and the relative
440      advantages, disadvantages, and risks associated with such
441      alternative medications to the extent necessary to allow the
442      patient or the patient's legal representative to make a prudent
443      decision regarding treatment.
444              (3)         In determining which alternative medications to
445      present to a patient for purposes of obtaining informed consent,
446      the health care practitioner must include any medications
447      currently authorized or approved by the United States Food and
448      Drug Administration for the treatment of COVID-19 and use his or
449      her best clinical judgment to identify any alternative
450      medications that could reasonably be expected to benefit the

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451      patient.
452              (4)         In providing such information regarding alternative
453      medications, the health care practitioner shall take into
454      consideration the physical state of the patient and the
455      patient's ability to understand the information.
456              (5)         A health care practitioner treating a patient
457      diagnosed with COVID-19 shall indicate on such patient's medical
458      record the health care practitioner's compliance or
459      noncompliance with this section.
460              (6)         This section does not supersede any other provision of
461      law regarding informed consent.
462              Section 7. Section 465.0266, Florida Statutes, is amended
463      to read:
464              465.0266           Common database.—Nothing contained in this
465      chapter may shall be construed to prohibit the dispensing by a
466      pharmacist licensed in this state or another state of a
467      prescription contained in a common database, and such dispensing
468      does shall not constitute a transfer as defined in s.
469      465.026(1)-(6), provided that the following conditions are met:
470              (1)         All pharmacies involved in the transactions pursuant
471      to which the prescription is dispensed are under common
472      ownership and utilize a common database.
473              (2)         All pharmacies involved in the transactions pursuant
474      to which the prescription is dispensed and all pharmacists
475      engaging in dispensing functions are properly licensed,

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476      permitted, or registered in this state or another state.
477              (3)         The common database maintains a record of all
478      pharmacists involved in the process of dispensing a
479      prescription.
480              (4)         The owner of the common database maintains a policy
481      and procedures manual that governs its participating pharmacies,
482      pharmacists, and pharmacy employees and that is available to the
483      board or its agent upon request. The policy and procedures
484      manual must shall include the following information:
485              (a)         A best practices model detailing how each pharmacy and
486      each pharmacist accessing the common database will comply with
487      applicable federal and state laws, rules, and regulations.
488              (b)         The procedure for maintaining appropriate record s for
489      regulatory oversight for tracking a prescription during each
490      stage of the filling and dispensing process, identifying the
491      pharmacists involved in filling and dispensing the prescription
492      and counseling the patient, and responding to any requests for
493      information made by the board under s. 465.0156.
494              (c)         The policy and procedure for providing adequate
495      security to protect the confidentiality and integrity of patient
496      information.
497              (d)         A quality assurance program designed to objectively
498      and systematically monitor, evaluate, and improve the quality
499      and appropriateness of patient care through the use of the
500      common database.

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501
502      Any pharmacist dispensing a prescription has at all times the
503      right and obligation to exercise his or her independent
504      professional judgment. Any pharmacist properly dispensing an
505      alternative medication prescribed for the treatment of COVID -19
506      is not subject to disciplinary action by the board or the
507      department based solely on such dispensing. Notwithstanding
508      other provisions in this section, a no pharmacist licensed in
509      this state participating in the dispensing of a prescription
510      pursuant to this section is not shall be responsible for the
511      acts and omissions of another person participating in the
512      dispensing process provided such person is not under the direct
513      supervision and control of the pharmacist licensed in this
514      state.
515              Section 8. Paragraph (n) of subsection (3) of section
516      1002.20, Florida Statutes, is amended to read:
517              1002.20        K-12 student and parent rights.—Parents of public
518      school students must receive accurate and timely information
519      regarding their child's academic progress and must be informed
520      of ways they can help their child to succeed in school. K-12
521      students and their parents are afforded numerous statutory
522      rights including, but not limited to, the following:
523              (3)         HEALTH ISSUES.—
524              (n)         Face covering mandates and quarantine mandates in
525      response to COVID-19.—

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526              1.      A district school board, a district school
527      superintendent, an elected or appointed local official, or any
528      district school board employee may not:
529              a.      Require a student to wear a face mask, a face shield,
530      or any other facial covering that fits over the mouth or nose.
531      However, a parent, at the parent's sole discretion, may allow
532      his or her child to wear a face mask, a face shield, or any
533      other facial covering that fits over the mouth or nose. This
534      prohibition does not apply to safety equipment required as part
535      of a course of study consistent with occupational or laboratory
536      safety requirements.
537              b.      Prohibit a student from attending school or school-
538      sponsored activities, prohibit a student from being on school
539      property, or subject a student to restrictions or disparate
540      treatment, based on an exposure to COVID-19, so long as the
541      student remains asymptomatic and has not received a positive
542      test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1).
543
544      A parent of a student, a student who is an emancipated minor, or
545      a student who is 18 years of age or older may bring an action
546      against the school district to obtain a declaratory judgment
547      that an act or practice violates this subparagraph and to seek
548      injunctive relief. A prevailing parent or student, as
549      applicable, must be awarded reasonable attorney fees and court
550      costs.

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551              2.      A district school board, a district school
552      superintendent, an elected or appointed local official, or any
553      school district employee may not prohibit an employee from
554      returning to work or subject an employee to restrictions or
555      disparate treatment based on an exposure to COVID-19 so long as
556      the employee remains asymptomatic and has not received a
557      positive test for COVID-19 as defined in s. 381.00319(1) s.
558      381.00317(1).
559              3.      This paragraph expires June 1, 2023.
560              Section 9.         Sections 381.00316(2)(g) and 381.00319(1)(e),
561      Florida Statutes, as created by this act, are repealed on June
562      1, 2025.
563              Section 10.           Except as otherwise provided in this act, and
564      except for this section, which shall take effect upon this act
565      becoming a law, this act shall take effect June 1, 2023.




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