THE BILL ITSELF
HB 917
Health Care
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A bill to be entitled
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An act relating to health care; providing a short
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title; repealing s. 1 of chapter 2025-114, Laws of
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Florida, and s. 9 of chapter 2023-43, Laws of Florida,
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relating to the repeal of the definition of the term
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"messenger ribonucleic acid vaccine" by a specified
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date; amending s. 381.00315, F.S.; defining the term
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"treat," "treated," and "treatment"; amending s.
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381.026, F.S.; prohibiting discrimination against a
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patient based on the patient's vaccination status;
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amending s. 456.072, F.S.; revising the list of acts
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that constitute grounds for disciplinary actions for
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health care practitioners; amending s. 456.0575, F.S.;
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requiring licensed health care practitioners to inform
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the parent or legal guardian of a minor child of the
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risks, benefits, safety, and efficacy of specified
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vaccines, obtain a signature from the parent or legal
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guardian before the administration of the vaccine, and
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provide the parent or legal guardian with the option
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of an alternative vaccination schedule; creating s.
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465.1897, F.S.; authorizing a pharmacist to provide
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ivermectin without a prescription under certain
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circumstances; requiring the pharmacist to provide
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specified information to the patient; providing
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pharmacists with immunity from civil and criminal
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liability and disciplinary action under certain
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circumstances; authorizing the Board of Pharmacy to
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adopt rules; amending s. 1003.22, F.S.; authorizing a
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parent to exempt their child from a health examination
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or from the administration of immunizing agents based
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on conscience grounds; requiring the Department of
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Health to make publicly available, by posting on its
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Internet website, an exemption form for parents and
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legal guardians; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Health Care
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Medical Freedom Act."
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Section 9 of chapter 2023-43, Laws of Florida, Section 2.
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as amended by section 1 of chapter 2025-114, Laws of Florida, is
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repealed.
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Section 3. Paragraph (e) is added to subsection (1) of
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section 381.00315, Florida Statutes, to read:
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381.00315 Public health advisories; public health
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emergencies; isolation and quarantines.—The State Health Officer
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is responsible for declaring public health emergencies, issuing
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public health advisories, and ordering isolation or quarantines.
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(1) As used in this section, the term:
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(e) "Treat," "treated," and "treatment" do not include the
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administration of vaccinations.
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Section 4. Subsection (3), paragraphs (b) and (d) of
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subsection (4), and subsection (6) of section 381.026, Florida
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Statutes, are amended to read:
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381.026 Florida Patient's Bill of Rights and
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Responsibilities.—
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(3) PURPOSE.—It is the purpose of this section to promote
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the interests and well-being of the patients of health care
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providers and health care facilities and to promote better
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communication between the patient and the health care provider.
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It is the intent of the Legislature that health care providers
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understand their responsibility to give their patients a general
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understanding of the procedures to be performed on them and to
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provide information pertaining to their health care so that they
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may make decisions in an informed manner after considering the
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information relating to their condition, the available treatment
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alternatives, and substantial risks and hazards inherent in the
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treatments. It is the intent of the Legislature that patients
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have a general understanding of their responsibilities toward
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health care providers and health care facilities. It is the
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intent of the Legislature that the provision of such information
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to a patient eliminate potential misunderstandings between
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patients and health care providers. It is a public policy of the
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state that the interests of patients be recognized in a
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patient's bill of rights and responsibilities and that a health
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care facility or health care provider may not require a patient
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to waive his or her rights as a condition of treatment. Unless
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otherwise provided by law, this section may shall not be used
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for any purpose in any civil or administrative action and
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neither expands nor limits any rights or remedies provided under
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any other law.
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(4) RIGHTS OF PATIENTS.—Each health care facility or
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provider shall observe the following standards:
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(b) Information.—
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1. A patient has the right to know the name, function, and
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qualifications of each health care provider who is providing
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medical services to the patient. A patient may request such
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information from his or her responsible provider or the health
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care facility in which he or she is receiving medical services.
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2. A patient in a health care facility has the right to
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know what patient support services are available in the
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facility.
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3. A patient has the right to be given by his or her
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health care provider information concerning diagnosis, planned
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course of treatment, alternatives, risks, and prognosis, unless
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it is medically inadvisable or impossible to give this
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information to the patient, in which case the information must
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be given to the patient's guardian or a person designated as the
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patient's representative. A patient has the right to refuse this
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information.
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4. A patient has the right to refuse any treatment based
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on information required by this paragraph, except as otherwise
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provided by law. The responsible provider shall document any
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such refusal.
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5. A patient in a health care facility has the right to
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know what facility rules and regulations apply to patient
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conduct.
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6. A patient has the right to express grievances to a
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health care provider, a health care facility, or the appropriate
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state licensing agency regarding alleged violations of patients'
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rights. A patient has the right to know the health care
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provider's or health care facility's procedures for expressing a
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grievance.
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7. A patient in a health care facility who does not speak
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English has the right to be provided an interpreter when
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receiving medical services if the facility has a person readily
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available who can interpret on behalf of the patient.
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8. A health care provider or health care facility shall
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respect a patient's right to privacy and should refrain from
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making a written inquiry or asking questions concerning the
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ownership of a firearm or ammunition by the patient or by a
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family member of the patient, or the presence of a firearm in a
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private home or other domicile of the patient or a family member
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of the patient. Notwithstanding this provision, a health care
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provider or health care facility that in good faith believes
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that this information is relevant to the patient's medical care
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or safety, or safety of others, may make such a verbal or
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written inquiry.
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9. A patient may decline to answer or provide any
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information regarding ownership of a firearm by the patient or a
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family member of the patient, or the presence of a firearm in
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the domicile of the patient or a family member of the patient. A
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patient's decision not to answer a question relating to the
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presence or ownership of a firearm does not alter existing law
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regarding a physician's authorization to choose his or her
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patients.
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10. A health care provider or health care facility may not
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discriminate against a patient based solely upon the patient's
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exercise of the constitutional right to own and possess firearms
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or ammunition.
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11. A health care provider or health care facility shall
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respect a patient's legal right to own or possess a firearm and
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should refrain from unnecessarily harassing a patient about
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firearm ownership during an examination.
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12. A health care provider or health care facility may not
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discriminate against a patient based upon the patient's
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vaccination status.
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(d) Access to health care.—
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1. A patient has the right to impartial access to medical
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treatment or accommodations, regardless of race, national
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origin, religion, handicap, vaccination status, or source of
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payment.
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2. A patient has the right to treatment for any emergency
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medical condition that will deteriorate from failure to provide
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such treatment.
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3. A patient has the right to access any mode of treatment
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that is, in his or her own judgment and the judgment of his or
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her health care practitioner, in the best interests of the
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patient, including complementary or alternative health care
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treatments, in accordance with the provisions of s. 456.41.
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(6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health
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care provider who treats a patient in an office or any health
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care facility licensed under chapter 395 that provides emergency
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services and care or outpatient services and care to a patient,
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or admits and treats a patient, shall adopt and make available
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to the patient, in writing, a statement of the rights and
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responsibilities of patients, including the following:
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SUMMARY OF THE FLORIDA PATIENT'S BILL
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OF RIGHTS AND RESPONSIBILITIES
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Florida law requires that your health care provider or
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health care facility recognize your rights while you are
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receiving medical care and that you respect the health care
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provider's or health care facility's right to expect certain
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behavior on the part of patients. You may request a copy of the
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full text of this law from your health care provider or health
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care facility. A summary of your rights and responsibilities
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follows:
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A patient has the right to be treated with courtesy and
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respect, with appreciation of his or her individual dignity, and
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with protection of his or her need for privacy.
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A patient has the right to a prompt and reasonable response
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to questions and requests.
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A patient has the right to know who is providing medical
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services and who is responsible for his or her care.
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A patient has the right to know what patient support
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services are available, including whether an interpreter is
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available if he or she does not speak English.
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A patient has the right to bring any person of his or her
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choosing to the patient-accessible areas of the health care
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facility or provider's office to accompany the patient while the
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patient is receiving inpatient or outpatient treatment or is
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consulting with his or her health care provider, unless doing so
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would risk the safety or health of the patient, other patients,
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or staff of the facility or office or cannot be reasonably
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accommodated by the facility or provider.
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A patient has the right to know what rules and regulations
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apply to his or her conduct.
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A patient has the right to be given by the health care
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provider information concerning diagnosis, planned course of
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treatment, alternatives, risks, and prognosis.
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A patient has the right to refuse any treatment, except as
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otherwise provided by law.
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A patient has the right to be given, upon request, full
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information and necessary counseling on the availability of
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known financial resources for his or her care.
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A patient who is eligible for Medicare has the right to
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know, upon request and in advance of treatment, whether the
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health care provider or health care facility accepts the
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Medicare assignment rate.
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A patient has the right to receive, upon request, prior to
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treatment, a reasonable estimate of charges for medical care.
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A patient has the right to receive a copy of a reasonably
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clear and understandable, itemized bill and, upon request, to
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have the charges explained.
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A patient has the right to impartial access to medical
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treatment or accommodations, regardless of race, national
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origin, religion, handicap, vaccination status, or source of
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payment.
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A patient has the right to treatment for any emergency
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medical condition that will deteriorate from failure to provide
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treatment.
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A patient has the right to know if medical treatment is for
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purposes of experimental research and to give his or her consent
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or refusal to participate in such experimental research.
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A patient has the right to express grievances regarding any
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violation of his or her rights, as stated in Florida law,
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through the grievance procedure of the health care provider or
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health care facility which served him or her and to the
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appropriate state licensing agency.
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A patient is responsible for providing to the health care
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provider, to the best of his or her knowledge, accurate and
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complete information about present complaints, past illnesses,
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hospitalizations, medications, and other matters relating to his
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or her health.
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A patient is responsible for reporting unexpected changes
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in his or her condition to the health care provider.
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A patient is responsible for reporting to the health care
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provider whether he or she comprehends a contemplated course of
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action and what is expected of him or her.
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A patient is responsible for following the treatment plan
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recommended by the health care provider.
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A patient is responsible for keeping appointments and, when
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he or she is unable to do so for any reason, for notifying the
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health care provider or health care facility.
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A patient is responsible for his or her actions if he or
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she refuses treatment or does not follow the health care
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provider's instructions.
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A patient is responsible for assuring that the financial
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obligations of his or her health care are fulfilled as promptly
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as possible.
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A patient is responsible for following health care facility
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rules and regulations affecting patient care and conduct.
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Section 5. Subsection (2) of section 456.0575, Florida
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Statutes, is renumbered as subsection (5), and new subsections (2), (3), and (4) are added to that section, to read:
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456.0575 Duty to notify patients, parents, or legal
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guardians.—
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(2) Each licensed health care practitioner authorized by
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law to administer vaccines, and paramedics acting pursuant to s.
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401.272, shall inform the parent or legal guardian of a minor
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child under the age of 18 of the unique risks, benefits, safety,
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and efficacy of each vaccine included on the Centers for Disease
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Control and Prevention's Child and Adolescent Immunization
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Schedule, using materials jointly approved by the Board of
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Medicine and Board of Osteopathic Medicine.
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(3) Each licensed health care practitioner shall obtain a
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signature from the parent or guardian of a minor child under the
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age of 18 that acknowledges receipt of the materials before the
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administration of the vaccine.
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(4) Each licensed health care practitioner authorized by
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law to administer vaccines shall provide the parent or guardian
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of a minor child under the age of 18 the option of following
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alternative vaccination schedules that may consist of not more
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than one injection or oral administration at each encounter.
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Section 6. Paragraph (u) of subsection (1) of section
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456.072, Florida Statutes, is amended to read:
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456.072 Grounds for discipline; penalties; enforcement.—
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(1) The following acts shall constitute grounds for which
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the disciplinary actions specified in subsection (2) may be
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taken:
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(u) Failing to comply with the requirements of s.
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381.026(4)(b)12. prohibiting discrimination based on a patient's
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vaccination status or ss. 381.026 and 381.0261 to provide
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patients with information about their patient rights and how to
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file a patient complaint.
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Section 7. Section 465.1897, Florida Statutes, is created
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to read:
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465.1897 Sale of ivermectin without a prescription.—
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(1) A pharmacist may provide ivermectin to a person
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without a prescription from a licensed health care practitioner
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as a behind-the-counter medication until it is approved as an
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over-the-counter medication by the United States Food and Drug
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Administration.
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(2) The pharmacist shall provide written information that
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includes, but is not limited to, the indications and
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contraindications for use of ivermectin, the appropriate dosage
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for using ivermectin, and information advising the patient to
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seek follow-up care from his or her primary care physician.
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(3) A pharmacist acting in good faith is immune from civil
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or criminal liability or disciplinary action for providing
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ivermectin in accordance with this section.
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(4) The board may adopt rules necessary to implement this
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section.
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Section 8. Subsection (1) and paragraph (a) of subsection (5) of section 1003.22, Florida Statutes, are amended to read:
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1003.22 School-entry health examinations; immunization
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against communicable diseases; exemptions; duties of Department
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of Health.—
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(1) Each district school board and the governing authority
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of each private school shall require that each child who is
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entitled to admittance to kindergarten, or is entitled to any
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other initial entrance into a public or private school in this
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state, present a certification of a school-entry health
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examination performed within 1 year before enrollment in school.
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Each district school board, and the governing authority of each
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private school, may establish a policy that permits a student up
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to 30 school days to present a certification of a school-entry
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health examination. Children and youths who are experiencing
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homelessness and children who are known to the department, as
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defined in s. 39.0016, shall be given a temporary exemption for
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30 school days. Any district school board that establishes such
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a policy shall include provisions in its local school health
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services plan to assist students in obtaining the health
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examinations. However, a child shall be exempted from the
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requirement of a health examination upon written request of the
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parent of the child stating objections to the examination on
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religious grounds or conscience.
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(5) The provisions of this section shall not apply if:
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(a)1. The parent of the child objects in writing that the
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administration of immunizing agents conflicts with his or her
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religious tenets or practices or conscience.
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2. The Department of Health shall make publicly available,
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by posting on its Internet website, an exemption form for
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parents and legal guardians;
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Section 9. This act shall take effect July 1, 2026.