CS for SB 252                              First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2023252e1
       
    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 a person to
    7         provide certain documentation or requiring a COVID-19
    8         test to gain access to, entry upon, or service from
    9         such entities or as a condition of contracting,
   10         hiring, promotion, or continued employment;
   11         prohibiting business and governmental entities from
   12         refusing to hire persons, discharging persons,
   13         depriving or attempting to deprive persons of
   14         employment opportunities, adversely affecting persons
   15         with respect to employment, or otherwise
   16         discriminating against any person based on knowledge
   17         or belief of a person’s vaccination or COVID-19
   18         postinfection recovery status or failure to take a
   19         COVID-19 test; requiring such entities to provide
   20         exemptions and reasonable accommodations for religious
   21         and medical reasons; prohibiting such entities from
   22         requiring persons to wear face coverings in order to
   23         gain access to, entry upon, service from, or admission
   24         to such entities or from otherwise discriminating
   25         against persons based on their refusal to wear a
   26         facial covering; providing exceptions; requiring the
   27         Department of Health to adopt certain emergency rules;
   28         providing administrative penalties; authorizing the
   29         Department of Legal Affairs to take specified actions
   30         for purposes of conducting investigations or
   31         proceedings; requiring that collected fines be
   32         deposited in the General Revenue Fund; providing
   33         construction; providing that certain terminated
   34         employees are eligible for reemployment assistance;
   35         amending s. 381.00319, F.S.; revising and defining
   36         terms; revising provisions related to the prohibition
   37         on COVID-19-related mandates by educational
   38         institutions; prohibiting educational institutions
   39         from imposing certain vaccine mandates on any person;
   40         prohibiting educational institutions from requiring a
   41         person to provide certain documentation or requiring a
   42         COVID-19 test to gain admission to, access to, entry
   43         upon, or service from such institutions or as a
   44         condition of contracting, hiring, promotion, or
   45         continued employment; prohibiting educational
   46         institutions from discharging persons, refusing to
   47         hire persons, depriving or attempting to deprive
   48         persons of employment opportunities, adversely
   49         affecting persons with respect to employment, or
   50         otherwise discriminating against any person based on
   51         the knowledge or belief of a person’s vaccination or
   52         COVID-19 postinfection recovery status or failure to
   53         take a COVID-19 test; requiring educational
   54         institutions to provide exemptions and reasonable
   55         accommodations for religious and medical reasons;
   56         prohibiting educational institutions from requiring
   57         persons to wear face coverings, from denying persons
   58         access to, entry upon, service from, or admission to
   59         such institutions, or from otherwise discriminating
   60         against persons based on their refusal to wear a
   61         facial covering; providing exceptions; requiring the
   62         Department of Health to adopt certain emergency rules;
   63         providing administrative penalties; authorizing the
   64         department to take specified actions for purposes of
   65         conducting investigations or proceedings; requiring
   66         that collected fines be deposited in the General
   67         Revenue Fund; providing construction; authorizing the
   68         department to adopt rules; creating s. 381.00321,
   69         F.S.; prohibiting governmental entities and
   70         educational institutions from adopting, implementing,
   71         or enforcing certain public health policies or
   72         guidelines unless authorized by state law, rule, or
   73         executive order; creating s. 395.1057, F.S.;
   74         prohibiting hospitals from interfering with patients’
   75         right to choose COVID-19 treatment alternatives if
   76         certain conditions are met; providing for disciplinary
   77         action; creating s. 408.824, F.S.; defining terms;
   78         requiring the Agency for Health Care Administration
   79         and the Department of Health to jointly develop
   80         standards for the appropriate use of facial coverings
   81         in health care settings by a specified date; requiring
   82         the agency and the department to adopt emergency rules
   83         for such standards; requiring the agency and the
   84         department to post such standards on their respective
   85         websites and provide a link for reporting related
   86         violations; requiring certain health care
   87         practitioners and all health care providers to
   88         establish facial covering policies and procedures by a
   89         specified date; providing requirements for such
   90         policies and procedures; requiring such health care
   91         practitioners and health care providers to make their
   92         policies and procedures easily accessible on their
   93         respective websites or conspicuously display them in
   94         the lobby of their health care service setting or
   95         settings, as applicable; beginning on a specified
   96         date, prohibiting health care practitioners and health
   97         care providers from requiring persons to wear a facial
   98         covering for any reason unless the requirement is in
   99         accordance with specified policies and procedures;
  100         providing for disciplinary action; creating s. 456.62,
  101         F.S.; requiring health care practitioners treating
  102         patients diagnosed with COVID-19 to obtain patients’
  103         informed consent before prescribing any medications
  104         for treatment of COVID-19; providing a requirement for
  105         obtaining such informed consent; requiring health care
  106         practitioners to include certain information and use
  107         their best clinical judgment when making certain
  108         determinations related to alternative medications for
  109         treatment of COVID-19; requiring health care
  110         practitioners to take into consideration certain
  111         factors when providing such information to the
  112         patient; requiring health care practitioners to
  113         indicate certain information in their patients’
  114         medical records; providing construction; amending s.
  115         465.0266, F.S.; exempting certain pharmacists from
  116         disciplinary action under certain circumstances;
  117         amending s. 1002.20, F.S.; conforming provisions to
  118         changes made by the act; abrogating the future repeal
  119         of specified provisions; providing for the future
  120         repeal of specified provisions; providing effective
  121         dates.
  122          
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Section 381.00316, Florida Statutes, is amended
  126  to read:
  127         381.00316 Discrimination by governmental and business
  128  entities based on health care choices; prohibition COVID-19
  129  vaccine documentation.—
  130         (1)(a)It is the intent of the Legislature that Floridians
  131  be free from mandated facial coverings, mandates of any kind
  132  relating to vaccines as provided in this section, and
  133  discrimination based on such vaccination status.
  134         (b)The Legislature finds that society is harmed by
  135  discrimination based on vaccination status as provided in this
  136  section when healthy persons are prevented from participating in
  137  society and accessing employment opportunities. The Legislature
  138  further finds that remedies to prevent such discrimination are
  139  in the best interest of this state.
  140         (2)As used in this section, the term:
  141         (a)“Business entity” has the same meaning as in s. 606.03.
  142  The term also includes a charitable organization as defined in
  143  s. 496.404, a corporation not for profit as defined in s.
  144  617.01401, or any other business operating in this state.
  145         (b)“COVID-19” means the novel coronavirus identified as
  146  SARS-CoV-2; any disease caused by SARS-CoV-2, its viral
  147  fragments, or a virus mutating therefrom; and all conditions
  148  associated with the disease which are caused by SARS-CoV-2, its
  149  viral fragments, or a virus mutating therefrom.
  150         (c) “COVID-19 vaccine means a preparation designed to
  151  stimulate the human body’s immune response against COVID-19.
  152         (d)“Department” means the Department of Legal Affairs.
  153         (e) “Emergency use authorization vaccine means any vaccine
  154  that is authorized for emergency use under 21 U.S.C. 360bbb
  155  3(a)(1) and qualifies as an unapproved product under 21 U.S.C.
  156  360bbb–3(a)(2)(A).
  157         (f)“Governmental entity” means the state or any political
  158  subdivision thereof, including the executive, legislative, and
  159  judicial branches of government; the independent establishments
  160  of the state, counties, municipalities, districts, authorities,
  161  boards, or commissions; or any agencies that are subject to
  162  chapter 286. The term does not include an educational
  163  institution as defined in s. 381.00319.
  164         (g) “Messenger ribonucleic acid vaccine” means any vaccine
  165  that uses laboratory-produced messenger ribonucleic acid to
  166  trigger the human body’s immune system to generate an immune
  167  response.
  168         (3)(a)(1) A business entity, as defined in s. 768.38 to
  169  include any business operating in this state, may not require
  170  any person patrons or customers to provide any documentation
  171  certifying COVID-19 vaccination with any vaccine defined under
  172  subsection (2) or postinfection recovery from COVID-19, or
  173  require a COVID-19 test, to gain access to, entry upon, or
  174  service from the business operations in this state or as a
  175  condition of contracting, hiring, promotion, or continued
  176  employment with the business entity.
  177         (b)A business entity may not discharge or refuse to hire a
  178  person; deprive or attempt to deprive a person of employment
  179  opportunities; adversely affect a person’s status as an employee
  180  or as an applicant for employment; or otherwise discriminate
  181  against a person based on knowledge or belief of the person’s
  182  status relating to vaccination with any vaccine defined under
  183  subsection (2) or COVID-19 postinfection recovery, or a person’s
  184  failure to take a COVID-19 test.
  185         (c)For matters relating to vaccines other than those
  186  defined under subsection (2), a business entity shall provide
  187  for exemptions and reasonable accommodations for religious and
  188  medical reasons in accordance with federal law.
  189         (d) A licensed facility as defined in s. 395.002 may not
  190  discriminate in providing health care to a patient based solely
  191  on that patient’s vaccination status with a COVID-19 vaccine
  192  This subsection does not otherwise restrict businesses from
  193  instituting screening protocols consistent with authoritative or
  194  controlling government-issued guidance to protect public health.
  195         (4)(a)(2) A governmental entity as defined in s. 768.38 may
  196  not require any person persons to provide any documentation
  197  certifying COVID-19 vaccination with any vaccine defined under
  198  subsection (2) or postinfection recovery from COVID-19, or
  199  require a COVID-19 test, to gain access to, entry upon, or
  200  service from the governmental entity’s operations in this state
  201  or as a condition of contracting, hiring, promotion, or
  202  continued employment with the governmental entity.
  203         (b)A governmental entity may not discharge or refuse to
  204  hire a person; deprive or attempt to deprive a person of
  205  employment opportunities; adversely affect a person’s status as
  206  an employee; or otherwise discriminate against a person based on
  207  the knowledge or belief of the person’s status relating to
  208  vaccination with any vaccine defined under subsection (2) or a
  209  person’s failure to take a COVID-19 test.
  210         (c)For matters relating to vaccines other than those
  211  defined under subsection (2), a governmental entity shall
  212  provide for exemptions and reasonable accommodations for
  213  religious and medical reasons in accordance with federal law.
  214         (5)(a)A business entity or governmental entity may not
  215  require a person to wear a face mask, a face shield, or any
  216  other facial covering that covers the mouth and nose. A business
  217  entity or governmental entity may not deny any person access to,
  218  entry upon, service from, or admission to such entity or
  219  otherwise discriminate against a person based on such person’s
  220  refusal to wear a face mask, a face shield, or any other facial
  221  covering that covers the mouth and nose.
  222         (b) Paragraph (a) does not apply to:
  223         1.A health care provider or health care practitioner as
  224  those terms are defined in s. 408.824, provided that such health
  225  care provider or health care practitioner is in compliance with
  226  that section.
  227         2.A business entity or governmental entity when a face
  228  mask, a face shield, or any other facial covering that covers
  229  the mouth and nose is required safety equipment consistent with
  230  occupational or laboratory safety requirements, in accordance
  231  with standards adopted by the Department of Health. The
  232  Department of Health shall adopt emergency rules to develop such
  233  standards. Emergency rules adopted under this subparagraph are
  234  exempt from s. 120.54(4)(c) and shall remain in effect until
  235  replaced by rules adopted under the nonemergency rulemaking
  236  procedures of the Administrative Procedure Act This subsection
  237  does not otherwise restrict governmental entities from
  238  instituting screening protocols consistent with authoritative or
  239  controlling government-issued guidance to protect public health.
  240         (3)An educational institution as defined in s. 768.38 may
  241  not require students or residents to provide any documentation
  242  certifying COVID-19 vaccination or postinfection recovery for
  243  attendance or enrollment, or to gain access to, entry upon, or
  244  service from such educational institution in this state. This
  245  subsection does not otherwise restrict educational institutions
  246  from instituting screening protocols consistent with
  247  authoritative or controlling government-issued guidance to
  248  protect public health.
  249         (6)(a)(4) The department may impose an administrative a
  250  fine not to exceed $5,000 for each individual and separate per
  251  violation of this section.
  252         (b)For purposes of conducting an investigation or a
  253  proceeding, the department may administer oaths, take
  254  depositions, make inspections when authorized by law, issue
  255  subpoenas supported by affidavit, serve subpoenas and other
  256  process, and compel the attendance of witnesses and the
  257  production of books, papers, documents, and other evidence.
  258  Challenges to and enforcement of subpoenas or orders shall be in
  259  accordance with s. 120.569.
  260         (c)Fines collected pursuant to this section must be
  261  deposited into the General Revenue Fund.
  262         (7)This section does not limit the right of the person
  263  aggrieved by a violation of this section to recover damages or
  264  other relief under any other applicable law.
  265         (8)If a governmental entity fails to comply with
  266  subsection (4), an employee terminated based on such
  267  noncompliance may be eligible for reemployment assistance under
  268  chapter 443 in addition to any other remedy available to the
  269  employee for a violation of this section.
  270         (5)This section does not apply to a health care provider
  271  as defined in s. 768.38; a service provider licensed or
  272  certified under s. 393.17, part III of chapter 401, or part IV
  273  of chapter 468; or a provider with an active health care clinic
  274  exemption under s. 400.9935.
  275         (9)(6) The department may adopt rules pursuant to ss.
  276  120.536 and 120.54 to implement this section.
  277         Section 2. Section 381.00319, Florida Statutes, is amended
  278  to read:
  279         381.00319 Prohibition on mask mandates and COVID-19
  280  vaccination and testing mandates for educational institutions
  281  students.—
  282         (1) For purposes of this section, the term:
  283         (a) “COVID-19” has the same meaning as in s. 381.00316
  284  381.00317(1).
  285         (b) “COVID-19 vaccine” has the same meaning as in s.
  286  381.00316.
  287         (c) “Educational institution” means a public or private
  288  school, including a preschool, elementary school, middle school,
  289  junior high school, secondary school, career center, or
  290  postsecondary school has the same meaning as in s. 112.0441(1).
  291         (d)Emergency use authorization vaccine has the same
  292  meaning as in s. 381.00316.
  293         (e) “Messenger ribonucleic acid vaccine has the same
  294  meaning as in s. 381.00316.
  295         (c)“Parent” has the same meaning as in s. 1000.21(5).
  296         (2)(a)Notwithstanding any other law to the contrary, An
  297  educational institution or elected or appointed local official
  298  may not impose a COVID-19 vaccination mandate on for any person
  299  requiring vaccination with any vaccine defined under subsection
  300  (1) student.
  301         (b)An educational institution in this state may not
  302  require any person to provide any documentation certifying
  303  vaccination with any vaccine defined under subsection (1) or
  304  postinfection recovery from COVID-19, or require a COVID-19
  305  test, to gain admission or access to, entry upon, or service
  306  from the educational institution or as a condition of
  307  contracting, hiring, promotion, or continued employment with the
  308  educational institution. An educational institution may not
  309  discharge or refuse to hire a person; deprive or attempt to
  310  deprive a person of employment opportunities; adversely affect a
  311  person’s status as an employee or as an applicant for
  312  employment; or otherwise discriminate against a person based on
  313  knowledge or belief of the person’s status relating to
  314  vaccination with any vaccine defined under subsection (1) or
  315  COVID-19 postinfection recovery, or a person’s failure to take a
  316  COVID-19 test.
  317         (c)For matters relating to vaccines other than those
  318  defined under subsection (1), an educational institution shall
  319  provide for exemptions and reasonable accommodations for
  320  religious and medical reasons in accordance with federal law.
  321         (3)(a)An educational institution may not require a person
  322  to wear a face mask, a face shield, or any other facial covering
  323  that covers the mouth and nose. An educational institution may
  324  not deny any person access to, entry upon, service from, or
  325  admission to such educational institution or otherwise
  326  discriminate against a person based on such person’s refusal to
  327  wear a face mask, a face shield, or any other facial covering
  328  that covers the mouth and nose.
  329         (b) Paragraph (a) does not apply to:
  330         1.A health care provider or health care practitioner as
  331  those terms are defined in s. 408.824, provided such health care
  332  provider or health care practitioner is in compliance with that
  333  section.
  334         2.An educational institution when a face mask, a face
  335  shield, or any other facial covering that covers the mouth and
  336  nose is used as required safety equipment in a course of study
  337  consistent with occupational or laboratory safety requirements,
  338  in accordance with standards adopted by the Department of
  339  Health. The Department of Health shall adopt emergency rules to
  340  develop such standards. Emergency rules adopted under this
  341  subparagraph are exempt from s. 120.54(4)(c) and shall remain in
  342  effect until replaced by rules adopted under the nonemergency
  343  rulemaking procedures of the Administrative Procedure Act.
  344         (4)(a)Notwithstanding s. 768.39, the Department of Health
  345  may impose an administrative fine not to exceed $5,000 for each
  346  individual and separate violation of this section.
  347         (b)For the purpose of conducting an investigation or a
  348  proceeding, the Department of Health may administer oaths, take
  349  depositions, make inspections when authorized by law, issue
  350  subpoenas supported by affidavit, serve subpoenas and other
  351  process, and compel the attendance of witnesses and the
  352  production of books, papers, documents, and other evidence.
  353  Challenges to and enforcement of subpoenas or orders shall be in
  354  accordance with s. 120.569.
  355         (c)Fines collected pursuant to this section must be
  356  deposited in the General Revenue Fund.
  357         (5)This section does not limit the right of the person
  358  aggrieved by a violation of this section to recover damages or
  359  other relief under any other applicable law.
  360         (6)The Department of Health may adopt rules to implement
  361  this section.
  362         (3)A parent of a student, a student who is an emancipated
  363  minor, or a student who is 18 years of age or older may bring an
  364  action against the educational institution to obtain a
  365  declaratory judgment that an act or practice violates this
  366  section and to seek injunctive relief. A prevailing parent or
  367  student, as applicable, must be awarded reasonable attorney fees
  368  and court costs.
  369         (4)This section expires June 1, 2023.
  370         Section 3. Section 381.00321, Florida Statutes, is created
  371  to read:
  372         381.00321 International health organization policies.—A
  373  governmental entity as defined in s. 381.00316 or an educational
  374  institution as defined in s. 381.00319 may not adopt, implement,
  375  or enforce an international health organization’s public health
  376  policies or guidelines unless authorized to do so under state
  377  law, rule, or executive order issued by the Governor under s.
  378  252.36.
  379         Section 4. Section 395.1057, Florida Statutes, is created
  380  to read:
  381         395.1057Patients’ right to choose COVID-19 treatment
  382  alternatives.—A hospital may not interfere with a patient’s
  383  right to choose COVID-19 treatment alternatives as recommended
  384  by a health care practitioner with privileges at the hospital if
  385  the health care practitioner has obtained informed consent from
  386  the patient in accordance with s. 456.62. Any hospital that
  387  violates this section by preventing a health care practitioner
  388  from exercising his or her sound judgment is subject to agency
  389  disciplinary action under s. 395.1065(2).
  390         Section 5. Effective upon this act becoming a law, section
  391  408.824, Florida Statutes, is created to read:
  392         408.824Facial covering requirements for health care
  393  practitioners and health care providers.—
  394         (1)As used in this section, the term:
  395         (a) “Department” means the Department of Health.
  396         (b) “Facial covering” means a cloth or surgical face mask,
  397  a face shield, or any other facial covering that covers the
  398  mouth and nose.
  399         (c)“Health care practitioner” has the same meaning as in
  400  s. 456.001.
  401         (d)“Health care provider” means a provider as defined in
  402  s. 408.803; a service provider licensed or certified under s.
  403  393.17, part III of chapter 401, or part IV of chapter 468; a
  404  provider with an active health care clinic exemption under s.
  405  400.9935; an optical establishment permitted under s. 484.007; a
  406  massage establishment licensed under s. 480.043; a pharmacy as
  407  defined in s. 465.003; or an office registered under s. 458.328
  408  or s. 459.0138.
  409         (e)“Office” means an office maintained for the practice of
  410  a health care practitioner’s profession, as provided in his or
  411  her practice act.
  412         (2)(a) By July 1, 2023, the agency and the department shall
  413  jointly develop standards for the appropriate use of facial
  414  coverings for infection control in health care settings.
  415         (b) The agency and the department shall adopt emergency
  416  rules for the standards developed under paragraph (a). Emergency
  417  rules adopted under this section are exempt from s. 120.54(4)(c)
  418  and shall remain in effect until replaced by rules adopted under
  419  the nonemergency rulemaking procedures of the Administrative
  420  Procedure Act.
  421         (c) The agency and the department shall publish the
  422  standards developed under paragraph (a) on their respective
  423  websites and provide a link for persons to report violations of
  424  the standards.
  425         (3) By August 1, 2023, each health care practitioner who
  426  owns or operates an office and each health care provider shall
  427  establish facial covering policies and procedures for their
  428  respective health care settings, if such health care
  429  practitioner or health care provider requires any individual to
  430  wear a facial covering for any reason. Such policies and
  431  procedures must comply with the standards developed under
  432  subsection (2) and must be accessible from the home page of such
  433  health care practitioner’s or health care provider’s website or
  434  conspicuously displayed in the lobby of its health care service
  435  setting or settings.
  436         (4)Effective August 1, 2023:
  437         (a) Health care practitioners and health care providers may
  438  not require any person to wear a facial covering for any reason
  439  unless the requirement is in accordance with the standards
  440  developed under subsection (2) and the policies and procedures
  441  established under subsection (3).
  442         (b) A health care practitioner or a health care provider in
  443  violation of paragraph (a) or subsection (3) is subject to
  444  disciplinary action by the agency or a board as defined in s.
  445  456.001, or the department if there is no board, as applicable.
  446         Section 6. Section 456.62, Florida Statutes, is created to
  447  read:
  448         456.62Communication of COVID-19 treatment alternatives.—
  449         (1)A health care practitioner treating a patient diagnosed
  450  with COVID-19 shall obtain the informed consent of the patient
  451  or the patient’s legal representative before prescribing any
  452  medication for the treatment of COVID-19.
  453         (2)To obtain informed consent, the health care
  454  practitioner must provide an explanation of alternative
  455  medications for the treatment of COVID-19 and the relative
  456  advantages, disadvantages, and risks associated with such
  457  alternative medications to the extent necessary to allow the
  458  patient or the patient’s legal representative to make a prudent
  459  decision regarding treatment.
  460         (3)In determining which alternative medications to present
  461  to a patient for purposes of obtaining informed consent, the
  462  health care practitioner must include any medications currently
  463  authorized or approved by the United States Food and Drug
  464  Administration for the treatment of COVID-19 and use his or her
  465  best clinical judgment to identify any alternative medications
  466  that could reasonably be expected to benefit the patient.
  467         (4)In providing such information regarding alternative
  468  medications, the health care practitioner shall take into
  469  consideration the physical state of the patient and the
  470  patient’s ability to understand the information.
  471         (5)A health care practitioner treating a patient diagnosed
  472  with COVID-19 shall indicate on such patient’s medical record
  473  the health care practitioner’s compliance or noncompliance with
  474  this section.
  475         (6)This section does not supersede any other provision of
  476  law regarding informed consent.
  477         Section 7. Section 465.0266, Florida Statutes, is amended
  478  to read:
  479         465.0266 Common database.—Nothing contained in this chapter
  480  may shall be construed to prohibit the dispensing by a
  481  pharmacist licensed in this state or another state of a
  482  prescription contained in a common database, and such dispensing
  483  does shall not constitute a transfer as defined in s.
  484  465.026(1)-(6), provided that the following conditions are met:
  485         (1) All pharmacies involved in the transactions pursuant to
  486  which the prescription is dispensed are under common ownership
  487  and utilize a common database.
  488         (2) All pharmacies involved in the transactions pursuant to
  489  which the prescription is dispensed and all pharmacists engaging
  490  in dispensing functions are properly licensed, permitted, or
  491  registered in this state or another state.
  492         (3) The common database maintains a record of all
  493  pharmacists involved in the process of dispensing a
  494  prescription.
  495         (4) The owner of the common database maintains a policy and
  496  procedures manual that governs its participating pharmacies,
  497  pharmacists, and pharmacy employees and that is available to the
  498  board or its agent upon request. The policy and procedures
  499  manual must shall include the following information:
  500         (a) A best practices model detailing how each pharmacy and
  501  each pharmacist accessing the common database will comply with
  502  applicable federal and state laws, rules, and regulations.
  503         (b) The procedure for maintaining appropriate records for
  504  regulatory oversight for tracking a prescription during each
  505  stage of the filling and dispensing process, identifying the
  506  pharmacists involved in filling and dispensing the prescription
  507  and counseling the patient, and responding to any requests for
  508  information made by the board under s. 465.0156.
  509         (c) The policy and procedure for providing adequate
  510  security to protect the confidentiality and integrity of patient
  511  information.
  512         (d) A quality assurance program designed to objectively and
  513  systematically monitor, evaluate, and improve the quality and
  514  appropriateness of patient care through the use of the common
  515  database.
  516  
  517  Any pharmacist dispensing a prescription has at all times the
  518  right and obligation to exercise his or her independent
  519  professional judgment. Any pharmacist properly dispensing an
  520  alternative medication prescribed for the treatment of COVID-19
  521  is not subject to disciplinary action by the board or the
  522  department based solely on such dispensing. Notwithstanding
  523  other provisions in this section, a no pharmacist licensed in
  524  this state participating in the dispensing of a prescription
  525  pursuant to this section is not shall be responsible for the
  526  acts and omissions of another person participating in the
  527  dispensing process provided such person is not under the direct
  528  supervision and control of the pharmacist licensed in this
  529  state.
  530         Section 8. Paragraph (n) of subsection (3) of section
  531  1002.20, Florida Statutes, is amended to read:
  532         1002.20 K-12 student and parent rights.—Parents of public
  533  school students must receive accurate and timely information
  534  regarding their child’s academic progress and must be informed
  535  of ways they can help their child to succeed in school. K-12
  536  students and their parents are afforded numerous statutory
  537  rights including, but not limited to, the following:
  538         (3) HEALTH ISSUES.—
  539         (n) Face covering mandates and quarantine mandates in
  540  response to COVID-19.—
  541         1. A district school board, a district school
  542  superintendent, an elected or appointed local official, or any
  543  district school board employee may not:
  544         a. Require a student to wear a face mask, a face shield, or
  545  any other facial covering that fits over the mouth or nose.
  546  However, a parent, at the parent’s sole discretion, may allow
  547  his or her child to wear a face mask, a face shield, or any
  548  other facial covering that fits over the mouth or nose. This
  549  prohibition does not apply to safety equipment required as part
  550  of a course of study consistent with occupational or laboratory
  551  safety requirements.
  552         b. Prohibit a student from attending school or school
  553  sponsored activities, prohibit a student from being on school
  554  property, or subject a student to restrictions or disparate
  555  treatment, based on an exposure to COVID-19, so long as the
  556  student remains asymptomatic and has not received a positive
  557  test for COVID-19 as defined in s. 381.00319(1) s. 381.00317(1).
  558  
  559  A parent of a student, a student who is an emancipated minor, or
  560  a student who is 18 years of age or older may bring an action
  561  against the school district to obtain a declaratory judgment
  562  that an act or practice violates this subparagraph and to seek
  563  injunctive relief. A prevailing parent or student, as
  564  applicable, must be awarded reasonable attorney fees and court
  565  costs.
  566         2. A district school board, a district school
  567  superintendent, an elected or appointed local official, or any
  568  school district employee may not prohibit an employee from
  569  returning to work or subject an employee to restrictions or
  570  disparate treatment based on an exposure to COVID-19 so long as
  571  the employee remains asymptomatic and has not received a
  572  positive test for COVID-19 as defined in s. 381.00319(1) s.
  573  381.00317(1).
  574         3.This paragraph expires June 1, 2023.
  575         Section 9. Sections 381.00316(2)(g) and 381.00319(1)(e),
  576  Florida Statutes, as created by this act, are repealed June 1,
  577  2025.
  578         Section 10. Except as otherwise provided in this act, and
  579  except for this section, which shall take effect upon this act
  580  becoming a law, this act shall take effect June 1, 2023.