Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 252
       
       
       
       
       
       
                                Ì422702rÎ422702                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2023           .                                
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       The Committee on Fiscal Policy (Burton) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.00316, Florida Statutes, is amended
    6  to read:
    7         381.00316 Discrimination by governmental and business
    8  entities based on health care choices; prohibition COVID-19
    9  vaccine documentation.—
   10         (1)(a)It is the intent of the Legislature that Floridians
   11  be free from mandated facial coverings, mandates of any kind
   12  relating to vaccines as provided in this section, and
   13  discrimination based on such vaccination status.
   14         (b)The Legislature finds that society is harmed by
   15  discrimination based on vaccination status as provided in this
   16  section when healthy persons are prevented from participating in
   17  society and accessing employment opportunities. The Legislature
   18  further finds that remedies to prevent such discrimination are
   19  in the best interest of this state.
   20         (2)As used in this section, the term:
   21         (a)“Business entity” has the same meaning as in s. 606.03.
   22  The term also includes a charitable organization as defined in
   23  s. 496.404, a corporation not for profit as defined in s.
   24  617.01401, or any other business operating in this state.
   25         (b)“COVID-19” means the novel coronavirus identified as
   26  SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
   27  fragments, or a virus mutating therefrom; and all conditions
   28  associated with the disease which are caused by SARS-CoV-2, its
   29  viral fragments, or a virus mutating therefrom.
   30         (c) “COVID-19 vaccine means a preparation designed to
   31  stimulate the human body’s immune response against COVID-19.
   32         (d)“Department” means the Department of Legal Affairs.
   33         (e) “Emergency use authorization vaccine means any vaccine
   34  that is authorized for emergency use under 21 U.S.C. 360bbb
   35  3(a)(1) and qualifies as an unapproved product under 21 U.S.C.
   36  360bbb–3(a)(2)(A).
   37         (f)“Governmental entity” means the state or any political
   38  subdivision thereof, including the executive, legislative, and
   39  judicial branches of government; the independent establishments
   40  of the state, counties, municipalities, districts, authorities,
   41  boards, or commissions; or any agencies that are subject to
   42  chapter 286. The term does not include an educational
   43  institution as defined in s. 381.00319.
   44         (g) “Messenger ribonucleic acid vaccine” means any vaccine
   45  that uses laboratory-produced messenger ribonucleic acid to
   46  trigger the human body’s immune system to generate an immune
   47  response.
   48         (3)(a)(1) A business entity, as defined in s. 768.38 to
   49  include any business operating in this state, may not require
   50  any person patrons or customers to provide any documentation
   51  certifying COVID-19 vaccination with any vaccine defined under
   52  subsection (2) or postinfection recovery from COVID-19, or
   53  require a COVID-19 test, to gain access to, entry upon, or
   54  service from the business operations in this state or as a
   55  condition of contracting, hiring, promotion, or continued
   56  employment with the business entity.
   57         (b)A business entity may not discharge or refuse to hire a
   58  person; deprive or attempt to deprive a person of employment
   59  opportunities; adversely affect a person’s status as an employee
   60  or as an applicant for employment; or otherwise discriminate
   61  against a person based on knowledge or belief of the person’s
   62  status relating to vaccination with any vaccine defined under
   63  subsection (2) or COVID-19 postinfection recovery, or a person’s
   64  failure to take a COVID-19 test.
   65         (c)For matters relating to vaccines other than those
   66  defined under subsection (2), a business entity shall provide
   67  for exemptions and reasonable accommodations for religious and
   68  medical reasons in accordance with federal law This subsection
   69  does not otherwise restrict businesses from instituting
   70  screening protocols consistent with authoritative or controlling
   71  government-issued guidance to protect public health.
   72         (4)(a)(2) A governmental entity as defined in s. 768.38 may
   73  not require any person persons to provide any documentation
   74  certifying COVID-19 vaccination with any vaccine defined under
   75  subsection (2) or postinfection recovery from COVID-19, or
   76  require a COVID-19 test, to gain access to, entry upon, or
   77  service from the governmental entity’s operations in this state
   78  or as a condition of contracting, hiring, promotion, or
   79  continued employment with the governmental entity.
   80         (b)A governmental entity may not discharge or refuse to
   81  hire a person; deprive or attempt to deprive a person of
   82  employment opportunities; adversely affect a person’s status as
   83  an employee; or otherwise discriminate against a person based on
   84  the knowledge or belief of the person’s status relating to
   85  vaccination with any vaccine defined under subsection (2) or a
   86  person’s failure to take a COVID-19 test.
   87         (c)For matters relating to vaccines other than those
   88  defined under subsection (2), a governmental entity shall
   89  provide for exemptions and reasonable accommodations for
   90  religious and medical reasons in accordance with federal law.
   91         (5)(a)A business entity or governmental entity may not
   92  require a person to wear a face mask, a face shield, or any
   93  other facial covering that covers the mouth and nose. A business
   94  entity or governmental entity may not deny any person access to,
   95  entry upon, service from, or admission to such entity or
   96  otherwise discriminate against a person based on such person’s
   97  refusal to wear a face mask, a face shield, or any other facial
   98  covering that covers the mouth and nose.
   99         (b) Paragraph (a) does not apply to:
  100         1.A health care provider or health care practitioner as
  101  those terms are defined in s. 408.824, provided that such health
  102  care provider or health care practitioner is in compliance with
  103  that section.
  104         2.A business entity or governmental entity when a face
  105  mask, a face shield, or any other facial covering that covers
  106  the mouth and nose is required safety equipment consistent with
  107  occupational or laboratory safety requirements, in accordance
  108  with standards adopted by the Department of Health. The
  109  Department of Health shall adopt emergency rules to develop such
  110  standards. Emergency rules adopted under this subparagraph are
  111  exempt from s. 120.54(4)(c) and shall remain in effect until
  112  replaced by rules adopted under the nonemergency rulemaking
  113  procedures of the Administrative Procedure Act This subsection
  114  does not otherwise restrict governmental entities from
  115  instituting screening protocols consistent with authoritative or
  116  controlling government-issued guidance to protect public health.
  117         (3)An educational institution as defined in s. 768.38 may
  118  not require students or residents to provide any documentation
  119  certifying COVID-19 vaccination or postinfection recovery for
  120  attendance or enrollment, or to gain access to, entry upon, or
  121  service from such educational institution in this state. This
  122  subsection does not otherwise restrict educational institutions
  123  from instituting screening protocols consistent with
  124  authoritative or controlling government-issued guidance to
  125  protect public health.
  126         (6)(a)(4) The department may impose an administrative a
  127  fine not to exceed $5,000 for each individual and separate per
  128  violation of this section.
  129         (b)For purposes of conducting an investigation or a
  130  proceeding, the department may administer oaths, take
  131  depositions, make inspections when authorized by law, issue
  132  subpoenas supported by affidavit, serve subpoenas and other
  133  process, and compel the attendance of witnesses and the
  134  production of books, papers, documents, and other evidence.
  135  Challenges to and enforcement of subpoenas or orders shall be in
  136  accordance with s. 120.569.
  137         (c)Fines collected pursuant to this section must be
  138  deposited into the General Revenue Fund.
  139         (7)This section does not limit the right of the person
  140  aggrieved by a violation of this section to recover damages or
  141  other relief under any other applicable law.
  142         (8)If a governmental entity fails to comply with
  143  subsection (4), an employee terminated based on such
  144  noncompliance may be eligible for reemployment assistance under
  145  chapter 443 in addition to any other remedy available to the
  146  employee for a violation of this section.
  147         (5)This section does not apply to a health care provider
  148  as defined in s. 768.38; a service provider licensed or
  149  certified under s. 393.17, part III of chapter 401, or part IV
  150  of chapter 468; or a provider with an active health care clinic
  151  exemption under s. 400.9935.
  152         (9)(6) The department may adopt rules pursuant to ss.
  153  120.536 and 120.54 to implement this section.
  154         Section 2. Section 381.00319, Florida Statutes, is amended
  155  to read:
  156         381.00319 Prohibition on mask mandates and COVID-19
  157  vaccination and testing mandates for educational institutions
  158  students.—
  159         (1) For purposes of this section, the term:
  160         (a) “COVID-19” has the same meaning as in s. 381.00316
  161  381.00317(1).
  162         (b) “COVID-19 vaccine” has the same meaning as in s.
  163  381.00316.
  164         (c) “Educational institution” means a public or private
  165  school, including a preschool, elementary school, middle school,
  166  junior high school, secondary school, career center, or
  167  postsecondary school has the same meaning as in s. 112.0441(1).
  168         (d)Emergency use authorization vaccine has the same
  169  meaning as in s. 381.00316.
  170         (e) “Messenger ribonucleic acid vaccine has the same
  171  meaning as in s. 381.00316.
  172         (c)“Parent” has the same meaning as in s. 1000.21(5).
  173         (2)(a)Notwithstanding any other law to the contrary, An
  174  educational institution or elected or appointed local official
  175  may not impose a COVID-19 vaccination mandate on for any person
  176  requiring vaccination with any vaccine defined under subsection
  177  (1) student.
  178         (b)An educational institution may not require any person
  179  to provide any documentation certifying vaccination with any
  180  vaccine defined under subsection (1) or postinfection recovery
  181  from COVID-19, or require a COVID-19 test, to gain admission or
  182  access to, entry upon, or service from the educational
  183  institution in this state. An educational institution may not
  184  otherwise discriminate against any person based on such person’s
  185  status relating to vaccination with any vaccine defined under
  186  subsection (1) or COVID-19 postinfection recovery, or such
  187  person’s failure to take a COVID-19 test.
  188         (c)For matters relating to vaccines other than those
  189  defined under subsection (1), a business entity shall provide
  190  for exemptions and reasonable accommodations for religious and
  191  medical reasons in accordance with federal law.
  192         (3)(a)An educational institution may not require a person
  193  to wear a face mask, a face shield, or any other facial covering
  194  that covers the mouth and nose. An educational institution may
  195  not deny any person access to, entry upon, service from, or
  196  admission to such educational institution or otherwise
  197  discriminate against a person based on such person’s refusal to
  198  wear a face mask, a face shield, or any other facial covering
  199  that covers the mouth and nose.
  200         (b) Paragraph (a) does not apply to:
  201         1.A health care provider or health care practitioner as
  202  those terms are defined in s. 408.824, provided such health care
  203  provider or health care practitioner is in compliance with that
  204  section.
  205         2.An educational institution when a face mask, a face
  206  shield, or any other facial covering that covers the mouth and
  207  nose is used as required safety equipment in a course of study
  208  consistent with occupational or laboratory safety requirements,
  209  in accordance with standards adopted by the Department of
  210  Health. The Department of Health shall adopt emergency rules to
  211  develop such standards. Emergency rules adopted under this
  212  subparagraph are exempt from s. 120.54(4)(c) and shall remain in
  213  effect until replaced by rules adopted under the nonemergency
  214  rulemaking procedures of the Administrative Procedure Act.
  215         (4)(a)The Department of Health may impose an
  216  administrative fine not to exceed $5,000 for each individual and
  217  separate violation of this section.
  218         (b)For the purpose of conducting an investigation or a
  219  proceeding, the Department of Health may administer oaths, take
  220  depositions, make inspections when authorized by law, issue
  221  subpoenas supported by affidavit, serve subpoenas and other
  222  process, and compel the attendance of witnesses and the
  223  production of books, papers, documents, and other evidence.
  224  Challenges to and enforcement of subpoenas or orders shall be in
  225  accordance with s. 120.569.
  226         (c)Fines collected pursuant to this section must be
  227  deposited in the General Revenue Fund.
  228         (5)This section does not limit the right of the person
  229  aggrieved by a violation of this section to recover damages or
  230  other relief under any other applicable law.
  231         (6)The Department of Health may adopt rules to implement
  232  this section.
  233         (3)A parent of a student, a student who is an emancipated
  234  minor, or a student who is 18 years of age or older may bring an
  235  action against the educational institution to obtain a
  236  declaratory judgment that an act or practice violates this
  237  section and to seek injunctive relief. A prevailing parent or
  238  student, as applicable, must be awarded reasonable attorney fees
  239  and court costs.
  240         (4)This section expires June 1, 2023.
  241         Section 3. Section 381.00321, Florida Statutes, is created
  242  to read:
  243         381.00321 International health organization policies.—A
  244  governmental entity as defined in s. 381.00316 or an educational
  245  institution as defined in s. 381.00319 may not adopt, implement,
  246  or enforce an international health organization’s public health
  247  policies or guidelines unless authorized to do so under state
  248  law, rule, or executive order issued by the Governor under s.
  249  252.36.
  250         Section 4. Section 395.1057, Florida Statutes, is created
  251  to read:
  252         395.1057Patients’ right to choose COVID-19 treatment
  253  alternatives.—A hospital may not interfere with a patient’s
  254  right to choose COVID-19 treatment alternatives as recommended
  255  by a health care practitioner with privileges at the hospital if
  256  the health care practitioner has obtained informed consent from
  257  the patient in accordance with s. 456.62. Any hospital that
  258  violates this section by preventing a health care practitioner
  259  from exercising his or her sound judgment is subject to agency
  260  disciplinary action under s. 395.1065(2).
  261         Section 5. Effective upon this act becoming a law, section
  262  408.824, Florida Statutes, is created to read:
  263         408.824Facial covering requirements for health care
  264  practitioners and health care providers.—
  265         (1)As used in this section, the term:
  266         (a) “Department” means the Department of Health.
  267         (b) “Facial covering” means a cloth or surgical face mask,
  268  a face shield, or any other facial covering that covers the
  269  mouth and nose.
  270         (c)“Health care practitioner” has the same meaning as in
  271  s. 456.001.
  272         (d)“Health care provider” means a provider as defined in
  273  s. 408.803; a service provider licensed or certified under s.
  274  393.17, part III of chapter 401, or part IV of chapter 468; a
  275  provider with an active health care clinic exemption under s.
  276  400.9935; an optical establishment permitted under s. 484.007; a
  277  massage establishment licensed under s. 480.043; a pharmacy as
  278  defined in s. 465.003; or an office registered under s. 458.328
  279  or s. 459.0138.
  280         (e)“Office” means an office maintained for the practice of
  281  a health care practitioner’s profession, as provided in his or
  282  her practice act.
  283         (2)(a) By July 1, 2023, the agency and the department shall
  284  jointly develop standards for the appropriate use of facial
  285  coverings for infection control in health care settings.
  286         (b) The agency and the department shall adopt emergency
  287  rules for the standards developed under paragraph (a). Emergency
  288  rules adopted under this section are exempt from s. 120.54(4)(c)
  289  and shall remain in effect until replaced by rules adopted under
  290  the nonemergency rulemaking procedures of the Administrative
  291  Procedure Act.
  292         (c) The agency and the department shall publish the
  293  standards developed under paragraph (a) on their respective
  294  websites and provide a link for persons to report violations of
  295  the standards.
  296         (3) By August 1, 2023, each health care practitioner who
  297  owns or operates an office and each health care provider shall
  298  establish facial covering policies and procedures for their
  299  respective health care settings, if such health care
  300  practitioner or health care provider requires any individual to
  301  wear a facial covering for any reason. Such policies and
  302  procedures must comply with the standards developed under
  303  subsection (2) and must be accessible from the home page of such
  304  health care practitioner’s or health care provider’s website or
  305  conspicuously displayed in the lobby of its health care service
  306  setting or settings.
  307         (4)Effective August 1, 2023:
  308         (a) Health care practitioners and health care providers may
  309  not require any person to wear a facial covering for any reason
  310  unless the requirement is in accordance with the standards
  311  developed under subsection (2) and the policies and procedures
  312  established under subsection (3).
  313         (b) A health care practitioner or a health care provider in
  314  violation of paragraph (a) or subsection (3) is subject to
  315  disciplinary action by the agency or a board as defined in s.
  316  456.001, or the department if there is no board, as applicable.
  317         Section 6. Section 456.62, Florida Statutes, is created to
  318  read:
  319         456.62Communication of COVID-19 treatment alternatives.—
  320         (1)A health care practitioner treating a patient diagnosed
  321  with COVID-19 shall obtain the informed consent of the patient
  322  or the patient’s legal representative before prescribing any
  323  medication for the treatment of COVID-19.
  324         (2)To obtain informed consent, the health care
  325  practitioner must provide an explanation of alternative
  326  medications for the treatment of COVID-19 and the relative
  327  advantages, disadvantages, and risks associated with such
  328  alternative medications to the extent necessary to allow the
  329  patient or the patient’s legal representative to make a prudent
  330  decision regarding treatment.
  331         (3)In determining which alternative medications to present
  332  to a patient for purposes of obtaining informed consent, the
  333  health care practitioner must include any medications currently
  334  authorized or approved by the United States Food and Drug
  335  Administration for the treatment of COVID-19 and use his or her
  336  best clinical judgment to identify any alternative medications
  337  that could reasonably be expected to benefit the patient.
  338         (4)In providing such information regarding alternative
  339  medications, the health care practitioner shall take into
  340  consideration the physical state of the patient and the
  341  patient’s ability to understand the information.
  342         (5)A health care practitioner treating a patient diagnosed
  343  with COVID-19 shall indicate on such patient’s medical record
  344  the health care practitioner’s compliance or noncompliance with
  345  this section.
  346         (6)This section does not supersede any other provision of
  347  law regarding informed consent.
  348         Section 7. Section 465.0266, Florida Statutes, is amended
  349  to read:
  350         465.0266 Common database.—Nothing contained in this chapter
  351  may shall be construed to prohibit the dispensing by a
  352  pharmacist licensed in this state or another state of a
  353  prescription contained in a common database, and such dispensing
  354  does shall not constitute a transfer as defined in s.
  355  465.026(1)-(6), provided that the following conditions are met:
  356         (1) All pharmacies involved in the transactions pursuant to
  357  which the prescription is dispensed are under common ownership
  358  and utilize a common database.
  359         (2) All pharmacies involved in the transactions pursuant to
  360  which the prescription is dispensed and all pharmacists engaging
  361  in dispensing functions are properly licensed, permitted, or
  362  registered in this state or another state.
  363         (3) The common database maintains a record of all
  364  pharmacists involved in the process of dispensing a
  365  prescription.
  366         (4) The owner of the common database maintains a policy and
  367  procedures manual that governs its participating pharmacies,
  368  pharmacists, and pharmacy employees and that is available to the
  369  board or its agent upon request. The policy and procedures
  370  manual must shall include the following information:
  371         (a) A best practices model detailing how each pharmacy and
  372  each pharmacist accessing the common database will comply with
  373  applicable federal and state laws, rules, and regulations.
  374         (b) The procedure for maintaining appropriate records for
  375  regulatory oversight for tracking a prescription during each
  376  stage of the filling and dispensing process, identifying the
  377  pharmacists involved in filling and dispensing the prescription
  378  and counseling the patient, and responding to any requests for
  379  information made by the board under s. 465.0156.
  380         (c) The policy and procedure for providing adequate
  381  security to protect the confidentiality and integrity of patient
  382  information.
  383         (d) A quality assurance program designed to objectively and
  384  systematically monitor, evaluate, and improve the quality and
  385  appropriateness of patient care through the use of the common
  386  database.
  387  
  388  Any pharmacist dispensing a prescription has at all times the
  389  right and obligation to exercise his or her independent
  390  professional judgment. Any pharmacist properly dispensing an
  391  alternative medication prescribed for the treatment of COVID-19
  392  is not subject to disciplinary action by the board or the
  393  department based solely on such dispensing. Notwithstanding
  394  other provisions in this section, a no pharmacist licensed in
  395  this state participating in the dispensing of a prescription
  396  pursuant to this section is not shall be responsible for the
  397  acts and omissions of another person participating in the
  398  dispensing process provided such person is not under the direct
  399  supervision and control of the pharmacist licensed in this
  400  state.
  401         Section 8. Paragraph (n) of subsection (3) of section
  402  1002.20, Florida Statutes, is amended to read:
  403         1002.20 K-12 student and parent rights.—Parents of public
  404  school students must receive accurate and timely information
  405  regarding their child’s academic progress and must be informed
  406  of ways they can help their child to succeed in school. K-12
  407  students and their parents are afforded numerous statutory
  408  rights including, but not limited to, the following:
  409         (3) HEALTH ISSUES.—
  410         (n) Face covering mandates and quarantine mandates in
  411  response to COVID-19.—
  412         1. A district school board, a district school
  413  superintendent, an elected or appointed local official, or any
  414  district school board employee may not:
  415         a. Require a student to wear a face mask, a face shield, or
  416  any other facial covering that fits over the mouth or nose.
  417  However, a parent, at the parent’s sole discretion, may allow
  418  his or her child to wear a face mask, a face shield, or any
  419  other facial covering that fits over the mouth or nose. This
  420  prohibition does not apply to safety equipment required as part
  421  of a course of study consistent with occupational or laboratory
  422  safety requirements.
  423         b. Prohibit a student from attending school or school
  424  sponsored activities, prohibit a student from being on school
  425  property, or subject a student to restrictions or disparate
  426  treatment, based on an exposure to COVID-19, so long as the
  427  student remains asymptomatic and has not received a positive
  428  test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1).
  429  
  430  A parent of a student, a student who is an emancipated minor, or
  431  a student who is 18 years of age or older may bring an action
  432  against the school district to obtain a declaratory judgment
  433  that an act or practice violates this subparagraph and to seek
  434  injunctive relief. A prevailing parent or student, as
  435  applicable, must be awarded reasonable attorney fees and court
  436  costs.
  437         2. A district school board, a district school
  438  superintendent, an elected or appointed local official, or any
  439  school district employee may not prohibit an employee from
  440  returning to work or subject an employee to restrictions or
  441  disparate treatment based on an exposure to COVID-19 so long as
  442  the employee remains asymptomatic and has not received a
  443  positive test for COVID-19 as defined in s. 381.00319(1) s.
  444  381.00317(1).
  445         3.This paragraph expires June 1, 2023.
  446         Section 9. Sections 381.00316(2)(g) and 381.00319(1)(e),
  447  Florida Statutes, as created by this act, are repealed on June
  448  1, 2025.
  449         Section 10. Except as otherwise provided in this act, and
  450  except for this section, which shall take effect upon this act
  451  becoming a law, this act shall take effect June 1, 2023.
  452  
  453  ================= T I T L E  A M E N D M E N T ================
  454  And the title is amended as follows:
  455         Delete everything before the enacting clause
  456  and insert:
  457                        A bill to be entitled                      
  458         An act relating to protection from discrimination
  459         based on health care choices; amending s. 381.00316,
  460         F.S.; providing legislative intent and findings;
  461         defining terms; prohibiting business entities and
  462         governmental entities from requiring certain
  463         documentation or COVID-19 testing to gain access to,
  464         entry upon, or service from such entities or as a
  465         condition of contracting, hiring, promotion, or
  466         continued employment; prohibiting business and
  467         governmental entities from refusing to hire persons,
  468         discharging persons, depriving or attempting to
  469         deprive persons of employment opportunities, adversely
  470         affecting persons with respect to employment, or
  471         otherwise discriminating against any person based on
  472         knowledge or belief of a person’s vaccination or
  473         COVID-19 postinfection recovery status or failure to
  474         take a COVID-19 test; requiring such entities to
  475         provide exemptions and reasonable accommodations for
  476         religious and medical reasons; prohibiting such
  477         entities from requiring persons to wear face coverings
  478         in order to gain access to, entry upon, services from,
  479         or admission to such entities or from otherwise
  480         discriminating against persons based on their refusal
  481         to wear a facial covering; providing exceptions;
  482         requiring the Department of Health to adopt certain
  483         emergency rules; providing administrative penalties;
  484         authorizing the Department of Legal Affairs to take
  485         specified actions for purposes of conducting
  486         investigations or proceedings; requiring that
  487         collected fines be deposited in the General Revenue
  488         Fund; providing construction; providing that certain
  489         terminated employees are eligible for reemployment
  490         assistance; amending s. 381.00319, F.S.; revising and
  491         defining terms; revising provisions related to the
  492         prohibition on COVID-19-related mandates by
  493         educational institutions; prohibiting educational
  494         institutions from imposing certain vaccine mandates on
  495         any person; prohibiting educational institutions from
  496         requiring a person to provide certain documentation or
  497         requiring a COVID-19 test to gain admission to, access
  498         to, entry upon, or service from such institutions or
  499         otherwise discriminating against any person based on
  500         such person’s vaccination or COVID-19 postinfection
  501         recovery status or failure to take a COVID-19 test;
  502         requiring educational institutions to provide
  503         exemptions and reasonable accommodations for religious
  504         and medical reasons; prohibiting educational
  505         institutions from requiring persons to wear face
  506         coverings, from denying persons access to, entry upon,
  507         services from, or admission to such institutions, or
  508         from otherwise discriminating against persons based on
  509         their refusal to wear a facial covering; providing
  510         exceptions; requiring the Department of Health to
  511         adopt certain emergency rules; providing
  512         administrative penalties; authorizing the department
  513         to take specified actions for purposes of conducting
  514         investigations or proceedings; requiring that
  515         collected fines be deposited in the General Revenue
  516         Fund; providing construction; authorizing the
  517         department to adopt rules; creating s. 381.00321,
  518         F.S.; prohibiting governmental entities and
  519         educational institutions from adopting, implementing,
  520         or enforcing certain public health policies or
  521         guidelines unless authorized by state law, rule, or
  522         executive order; creating s. 395.1057, F.S.;
  523         prohibiting hospitals from interfering with patients’
  524         right to choose COVID-19 treatment alternatives if
  525         certain conditions are met; providing for disciplinary
  526         action; creating s. 408.824, F.S.; defining terms;
  527         requiring the Agency for Health Care Administration
  528         and the Department of Health to jointly develop
  529         standards for the appropriate use of facial coverings
  530         in health care settings by a specified date; requiring
  531         the agency and the department to adopt emergency rules
  532         to develop such standards; requiring the agency and
  533         the department to post such standards on their
  534         respective websites and provide a link for reporting
  535         related violations; requiring certain health care
  536         practitioners and all health care providers to
  537         establish facial covering policies and procedures by a
  538         specified date; providing requirements for such
  539         policies and procedures; requiring such health care
  540         practitioners and health care providers to make their
  541         policies and procedures easily accessible on their
  542         respective websites; beginning on a specified date,
  543         prohibiting health care practitioners and health care
  544         providers from requiring persons to wear a facial
  545         covering for any reason unless the requirement is in
  546         accordance with specified policies and procedures;
  547         providing for disciplinary action; creating s. 456.62,
  548         F.S.; requiring health care practitioners treating
  549         patients diagnosed with COVID-19 to obtain patients’
  550         informed consent before prescribing any medications
  551         for treatment of COVID-19; providing a requirement for
  552         obtaining such informed consent; requiring health care
  553         practitioners to include certain information and use
  554         their best clinical judgment when making certain
  555         determinations related to alternative medications for
  556         treatment of COVID-19; requiring health care
  557         practitioners to indicate certain information in their
  558         patients’ medical records; providing construction;
  559         amending s. 465.0266, F.S.; exempting certain
  560         pharmacists from disciplinary action under certain
  561         circumstances; amending s. 1002.20, F.S.; conforming
  562         provisions to changes made by the act; abrogating the
  563         future repeal of specified provisions; providing for
  564         the future repeal of specified provisions; providing
  565         effective dates.