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.”
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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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