Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 254
       
       
       
       
       
       
                                Ì616390(Î616390                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Davis moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 193 - 253
    4  and insert:
    5  rules adopted under paragraph (5)(b).
    6         (2) If sex-reassignment prescriptions or procedures are
    7  prescribed for or administered or performed on patients 18 years
    8  of age or older, consent must be voluntary, informed, and in
    9  writing on forms approved by the department. Consent to sex
   10  reassignment prescriptions or procedures is voluntary and
   11  informed only if the physician who is to prescribe or administer
   12  the pharmaceutical product or perform the procedure has, at a
   13  minimum, while physically present in the same room:
   14         (a) Informed the patient of the nature and risks of the
   15  prescription or procedure in order for the patient to make a
   16  prudent decision;
   17         (b) Provided the informed consent form, as approved by the
   18  department, to the patient; and
   19         (c) Received the patient’s written acknowledgment, before
   20  the prescription or procedure is prescribed, administered, or
   21  performed, that the information required to be provided under
   22  this subsection has been provided.
   23         (3) Consent required under subsection (2) does not apply to
   24  renewals of prescriptions consistent with those referenced under
   25  s. 456.001(9)(a)1. and 2. if a physician and his or her patient
   26  have met the requirements for consent for the initial
   27  prescription or renewal. However, separate consent is required
   28  for any new prescription for a pharmaceutical product not
   29  previously prescribed to the patient.
   30         (4)(a) Violation of this section constitutes grounds for
   31  disciplinary action under this chapter and chapter 458 or
   32  chapter 459, as applicable.
   33         (b) Any health care practitioner who willfully or actively
   34  participates in a violation of subsection (1) commits a felony
   35  of the third degree, punishable as provided in s. 775.082, s.
   36  775.083, or s. 775.084.
   37         (c) Any health care practitioner who violates subsection
   38  (2) or subsection (3) commits a misdemeanor of the first degree,
   39  punishable as provided in s. 775.082 or s. 775.083.
   40         (5)(a) The department shall adopt emergency rules to
   41  implement this section.
   42         (b) Any emergency rules adopted under this section are
   43  exempt from s. 120.54(4)(c) and shall remain in effect until
   44  replaced by rules adopted under the nonemergency rulemaking
   45  procedures of the Administrative Procedure Act.
   46         Section 6. Present paragraphs (c) through (gg) of
   47  subsection (5) of section 456.074, Florida Statutes, are
   48  redesignated as paragraphs (d) through (hh), respectively, and a
   49  new paragraph (c) is added to that subsection, to read:
   50         456.074 Certain health care practitioners; immediate
   51  suspension of license.—
   52         (5) The department shall issue an emergency order
   53  suspending the license of any health care practitioner who is
   54  arrested for committing or attempting, soliciting, or conspiring
   55  to commit any act that would constitute a violation of any of
   56  the following criminal offenses in this state or similar
   57  offenses in another jurisdiction:
   58         (c) Section 456.52(4)(b), relating to prescribing,
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete lines 32 - 34
   63  and insert:
   64         informed consent;