Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for SB 254
       
       
       
       
       
       
                                Ì6544186Î654418                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 5/AD/2R         .                                
             04/03/2023 03:14 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Yarborough moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 184 - 235
    4  and insert:
    5  Medicine shall, within 60 days after the effective date of this
    6  act, adopt emergency rules pertaining to standards of practice
    7  under which a patient younger than 18 years of age may continue
    8  to be treated with a prescription consistent with those
    9  referenced under s. 456.001(9)(a)1. or 2. if such treatment for
   10  sex reassignment was commenced before, and is still active on,
   11  the effective date of this act.
   12         (b)A patient meeting the criteria of paragraph (a) may
   13  continue to be treated by a physician with such prescriptions
   14  according to rules adopted under paragraph (a) or nonemergency
   15  rules adopted under paragraph (6)(b).
   16         (2)If sex-reassignment prescriptions or procedures are
   17  prescribed for or administered or performed on patients 18 years
   18  of age or older, consent must be voluntary, informed, and in
   19  writing on forms adopted in rule by the Board of Medicine and
   20  the Board of Osteopathic Medicine. Consent to sex-reassignment
   21  prescriptions or procedures is voluntary and informed only if
   22  the physician who is to prescribe or administer the
   23  pharmaceutical product or perform the procedure has, at a
   24  minimum, while physically present in the same room:
   25         (a)Informed the patient of the nature and risks of the
   26  prescription or procedure in order for the patient to make a
   27  prudent decision;
   28         (b)Provided the informed consent form, as adopted in rule
   29  by the Board of Medicine and the Board of Osteopathic Medicine,
   30  to the patient; and
   31         (c)Received the patient’s written acknowledgment, before
   32  the prescription or procedure is prescribed, administered, or
   33  performed, that the information required to be provided under
   34  this subsection has been provided.
   35         (3)Sex-reassignment prescriptions or procedures may not be
   36  prescribed, administered, or performed except by a physician.
   37  For the purposes of this section, the term “physician” is
   38  defined as a physician licensed under chapter 458 or chapter 459
   39  or a physician practicing medicine or osteopathic medicine in
   40  the employment of the Federal Government.
   41         (4)Consent required under subsection (2) does not apply to
   42  renewals of prescriptions consistent with those referenced under
   43  s. 456.001(9)(a)1. and 2. if a physician and his or her patient
   44  have met the requirements for consent for the initial
   45  prescription or renewal. However, separate consent is required
   46  for any new prescription for a pharmaceutical product not
   47  previously prescribed to the patient.
   48         (5)(a)Violation of this section constitutes grounds for
   49  disciplinary action under this chapter and chapter 458 or
   50  chapter 459, as applicable.
   51         (b)Any health care practitioner who willfully or actively
   52  participates in a violation of subsection (1) commits a felony
   53  of the third degree, punishable as provided in s. 775.082, s.
   54  775.083, or s. 775.084.
   55         (c)Any health care practitioner who violates subsection
   56  (2), subsection (3), or subsection (4) commits a misdemeanor of
   57  the first degree, punishable as provided in s. 775.082 or s.
   58  775.083.
   59         (6)(a)The Board of Medicine and the Board of Osteopathic
   60  Medicine shall adopt emergency rules to
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete lines 27 - 37
   65  and insert:
   66         emergency rules within a specified timeframe;
   67         requiring that such prescriptions and procedures for
   68         patients older than 18 years of age be prescribed,
   69         administered, or performed only with the voluntary and
   70         informed consent of the patient; providing criteria
   71         for what constitutes voluntary and informed consent;
   72         providing that only a physician may prescribe,
   73         administer, or perform such prescriptions and
   74         procedures; defining the term “physician”; providing
   75         applicability; providing for disciplinary action;
   76         providing criminal penalties; requiring the Board of
   77         Medicine and the Board of Osteopathic Medicine to
   78         adopt certain emergency rules;