Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1270
Ì275506,Î275506
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2025 .
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The Committee on Health Policy (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Effective upon becoming a law, or, if this act
6 fails to become a law until after June 1, 2025, operating
7 retroactively to June 1, 2025, notwithstanding the scheduled
8 repeal in section 9 of chapter 2023-43, Laws of Florida,
9 paragraph (g) of subsection (2) of section 381.00316, Florida
10 Statutes, is reenacted to read:
11 381.00316 Discrimination by governmental and business
12 entities based on health care choices; prohibition.—
13 (2) As used in this section, the term:
14 (g) “Messenger ribonucleic acid vaccine” means any vaccine
15 that uses laboratory-produced messenger ribonucleic acid to
16 trigger the human body’s immune system to generate an immune
17 response.
18 Section 2. Effective upon becoming a law, or, if this act
19 fails to become a law until after June 1, 2025, operating
20 retroactively to June 1, 2025, notwithstanding the scheduled
21 repeal in section 9 of chapter 2023-43, Laws of Florida,
22 paragraph (e) of subsection (1) of section 381.00319, Florida
23 Statutes, is reenacted to read:
24 381.00319 Prohibition on mask mandates and vaccination and
25 testing mandates for educational institutions.—
26 (1) For purposes of this section, the term:
27 (e) “Messenger ribonucleic acid vaccine” has the same
28 meaning as in s. 381.00316.
29 Section 3. Effective upon becoming a law, or, if this act
30 fails to become a law until after June 1, 2025, operating
31 retroactively to June 1, 2025, section 9 of chapter 2023-43,
32 Laws of Florida, is repealed.
33 Section 4. Paragraphs (b) and (d) of subsection (4) and
34 subsection (6) of section 381.026, Florida Statutes, are amended
35 to read:
36 381.026 Florida Patient’s Bill of Rights and
37 Responsibilities.—
38 (4) RIGHTS OF PATIENTS.—Each health care facility or
39 provider shall observe the following standards:
40 (b) Information.—
41 1. A patient has the right to know the name, function, and
42 qualifications of each health care provider who is providing
43 medical services to the patient. A patient may request such
44 information from his or her responsible provider or the health
45 care facility in which he or she is receiving medical services.
46 2. A patient in a health care facility has the right to
47 know what patient support services are available in the
48 facility.
49 3. A patient has the right to be given by his or her health
50 care provider information concerning diagnosis, planned course
51 of treatment, alternatives, risks, and prognosis, unless it is
52 medically inadvisable or impossible to give this information to
53 the patient, in which case the information must be given to the
54 patient’s guardian or a person designated as the patient’s
55 representative. A patient has the right to refuse this
56 information.
57 4. A patient has the right to refuse any treatment based on
58 information required by this paragraph, except as otherwise
59 provided by law. The responsible provider shall document any
60 such refusal.
61 5. A patient in a health care facility has the right to
62 know what facility rules and regulations apply to patient
63 conduct.
64 6. A patient has the right to express grievances to a
65 health care provider, a health care facility, or the appropriate
66 state licensing agency regarding alleged violations of patients’
67 rights. A patient has the right to know the health care
68 provider’s or health care facility’s procedures for expressing a
69 grievance.
70 7. A patient in a health care facility who does not speak
71 English has the right to be provided an interpreter when
72 receiving medical services if the facility has a person readily
73 available who can interpret on behalf of the patient.
74 8. A health care provider or health care facility shall
75 respect a patient’s right to privacy and should refrain from
76 making a written inquiry or asking questions concerning the
77 ownership of a firearm or ammunition by the patient or by a
78 family member of the patient, or the presence of a firearm in a
79 private home or other domicile of the patient or a family member
80 of the patient. Notwithstanding this provision, a health care
81 provider or health care facility that in good faith believes
82 that this information is relevant to the patient’s medical care
83 or safety, or safety of others, may make such a verbal or
84 written inquiry.
85 9. A patient may decline to answer or provide any
86 information regarding ownership of a firearm by the patient or a
87 family member of the patient, or the presence of a firearm in
88 the domicile of the patient or a family member of the patient. A
89 patient’s decision not to answer a question relating to the
90 presence or ownership of a firearm does not alter existing law
91 regarding a physician’s authorization to choose his or her
92 patients.
93 10. A health care provider or health care facility may not
94 discriminate against a patient based solely upon the patient’s
95 exercise of the constitutional right to own and possess firearms
96 or ammunition.
97 11. A health care provider or health care facility shall
98 respect a patient’s legal right to own or possess a firearm and
99 should refrain from unnecessarily harassing a patient about
100 firearm ownership during an examination.
101 12. A health care provider or health care facility may not
102 discriminate against a patient based solely upon the patient’s
103 vaccination status.
104 (d) Access to health care.—
105 1. A patient has the right to impartial access to medical
106 treatment or accommodations, regardless of race, national
107 origin, religion, handicap, vaccination status, or source of
108 payment.
109 2. A patient has the right to treatment for any emergency
110 medical condition that will deteriorate from failure to provide
111 such treatment.
112 3. A patient has the right to access any mode of treatment
113 that is, in his or her own judgment and the judgment of his or
114 her health care practitioner, in the best interests of the
115 patient, including complementary or alternative health care
116 treatments, in accordance with the provisions of s. 456.41.
117 (6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health care
118 provider who treats a patient in an office or any health care
119 facility licensed under chapter 395 that provides emergency
120 services and care or outpatient services and care to a patient,
121 or admits and treats a patient, shall adopt and make available
122 to the patient, in writing, a statement of the rights and
123 responsibilities of patients, including the following:
124
125 SUMMARY OF THE FLORIDA PATIENT’S BILL
126 OF RIGHTS AND RESPONSIBILITIES
127
128 Florida law requires that your health care
129 provider or health care facility recognize your rights
130 while you are receiving medical care and that you
131 respect the health care provider’s or health care
132 facility’s right to expect certain behavior on the
133 part of patients. You may request a copy of the full
134 text of this law from your health care provider or
135 health care facility. A summary of your rights and
136 responsibilities follows:
137 A patient has the right to be treated with
138 courtesy and respect, with appreciation of his or her
139 individual dignity, and with protection of his or her
140 need for privacy.
141 A patient has the right to a prompt and
142 reasonable response to questions and requests.
143 A patient has the right to know who is providing
144 medical services and who is responsible for his or her
145 care.
146 A patient has the right to know what patient
147 support services are available, including whether an
148 interpreter is available if he or she does not speak
149 English.
150 A patient has the right to bring any person of
151 his or her choosing to the patient-accessible areas of
152 the health care facility or provider’s office to
153 accompany the patient while the patient is receiving
154 inpatient or outpatient treatment or is consulting
155 with his or her health care provider, unless doing so
156 would risk the safety or health of the patient, other
157 patients, or staff of the facility or office or cannot
158 be reasonably accommodated by the facility or
159 provider.
160 A patient has the right to know what rules and
161 regulations apply to his or her conduct.
162 A patient has the right to be given by the health
163 care provider information concerning diagnosis,
164 planned course of treatment, alternatives, risks, and
165 prognosis.
166 A patient has the right to refuse any treatment,
167 except as otherwise provided by law.
168 A patient has the right to be given, upon
169 request, full information and necessary counseling on
170 the availability of known financial resources for his
171 or her care.
172 A patient who is eligible for Medicare has the
173 right to know, upon request and in advance of
174 treatment, whether the health care provider or health
175 care facility accepts the Medicare assignment rate.
176 A patient has the right to receive, upon request,
177 prior to treatment, a reasonable estimate of charges
178 for medical care.
179 A patient has the right to receive a copy of a
180 reasonably clear and understandable, itemized bill
181 and, upon request, to have the charges explained.
182 A patient has the right to impartial access to
183 medical treatment or accommodations, regardless of
184 race, national origin, religion, handicap, vaccination
185 status, or source of payment.
186 A patient has the right to treatment for any
187 emergency medical condition that will deteriorate from
188 failure to provide treatment.
189 A patient has the right to know if medical
190 treatment is for purposes of experimental research and
191 to give his or her consent or refusal to participate
192 in such experimental research.
193 A patient has the right to express grievances
194 regarding any violation of his or her rights, as
195 stated in Florida law, through the grievance procedure
196 of the health care provider or health care facility
197 which served him or her and to the appropriate state
198 licensing agency.
199 A patient is responsible for providing to the
200 health care provider, to the best of his or her
201 knowledge, accurate and complete information about
202 present complaints, past illnesses, hospitalizations,
203 medications, and other matters relating to his or her
204 health.
205 A patient is responsible for reporting unexpected
206 changes in his or her condition to the health care
207 provider.
208 A patient is responsible for reporting to the
209 health care provider whether he or she comprehends a
210 contemplated course of action and what is expected of
211 him or her.
212 A patient is responsible for following the
213 treatment plan recommended by the health care
214 provider.
215 A patient is responsible for keeping appointments
216 and, when he or she is unable to do so for any reason,
217 for notifying the health care provider or health care
218 facility.
219 A patient is responsible for his or her actions
220 if he or she refuses treatment or does not follow the
221 health care provider’s instructions.
222 A patient is responsible for assuring that the
223 financial obligations of his or her health care are
224 fulfilled as promptly as possible.
225 A patient is responsible for following health
226 care facility rules and regulations affecting patient
227 care and conduct.
228
229 Section 5. Paragraphs (b), (e), and (f) of subsection (8)
230 of section 381.986, Florida Statutes, are amended to read:
231 381.986 Medical use of marijuana.—
232 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
233 (b) An applicant for licensure as a medical marijuana
234 treatment center must shall apply to the department on a form
235 prescribed by the department and adopted in rule. The department
236 shall adopt rules pursuant to ss. 120.536(1) and 120.54
237 establishing a procedure for the issuance and biennial renewal
238 of licenses, including initial application and biennial renewal
239 fees sufficient to cover the costs of implementing and
240 administering this section, and establishing supplemental
241 licensure fees for payment beginning May 1, 2018, sufficient to
242 cover the costs of administering ss. 381.989 and 1004.4351. The
243 department shall identify applicants with strong diversity plans
244 reflecting this state’s commitment to diversity and implement
245 training programs and other educational programs to enable
246 minority persons and minority business enterprises, as defined
247 in s. 288.703, and veteran business enterprises, as defined in
248 s. 295.187, to compete for medical marijuana treatment center
249 licensure and contracts. Subject to the requirements in
250 subparagraphs (a)2.-4., the department shall issue a license to
251 an applicant if the applicant meets the requirements of this
252 section and pays the initial application fee. The department
253 shall renew the licensure of a medical marijuana treatment
254 center biennially if the licensee meets the requirements of this
255 section and pays the biennial renewal fee. However, the
256 department may not renew the license of a medical marijuana
257 treatment center that has not begun to cultivate, process, and
258 dispense marijuana by the date that the medical marijuana
259 treatment center is required to renew its license. An individual
260 may not be an applicant, owner, officer, board member, or
261 manager on more than one application for licensure as a medical
262 marijuana treatment center. An individual or entity may not be
263 awarded more than one license as a medical marijuana treatment
264 center. An applicant for licensure as a medical marijuana
265 treatment center must demonstrate:
266 1. That, for the 5 consecutive years before submitting the
267 application, the applicant has been registered to do business in
268 this the state.
269 2. Possession of a valid certificate of registration issued
270 by the Department of Agriculture and Consumer Services pursuant
271 to s. 581.131.
272 3. The technical and technological ability to cultivate and
273 produce marijuana, including, but not limited to, low-THC
274 cannabis.
275 4. The ability to secure the premises, resources, and
276 personnel necessary to operate as a medical marijuana treatment
277 center.
278 5. The ability to maintain accountability of all raw
279 materials, finished products, and any byproducts to prevent
280 diversion or unlawful access to or possession of these
281 substances.
282 6. An infrastructure reasonably located to dispense
283 marijuana to registered qualified patients statewide or
284 regionally as determined by the department.
285 7. The financial ability to maintain operations for the
286 duration of the 2-year approval cycle, including the provision
287 of certified financial statements to the department.
288 a. Upon approval, the applicant must post a $5 million
289 performance bond issued by an authorized surety insurance
290 company rated in one of the three highest rating categories by a
291 nationally recognized rating service. However, a medical
292 marijuana treatment center serving at least 1,000 qualified
293 patients is only required to maintain a $2 million performance
294 bond.
295 b. In lieu of the performance bond required under sub
296 subparagraph a., the applicant may provide an irrevocable letter
297 of credit payable to the department or provide cash to the
298 department. If provided with cash under this sub-subparagraph,
299 the department must shall deposit the cash in the Grants and
300 Donations Trust Fund within the Department of Health, subject to
301 the same conditions as the bond regarding requirements for the
302 applicant to forfeit ownership of the funds. If the funds
303 deposited under this sub-subparagraph generate interest, the
304 amount of that interest must shall be used by the department for
305 the administration of this section.
306 8. That all owners, officers, board members, and managers
307 have passed a background screening pursuant to subsection (9).
308 As used in this subparagraph, the term:
309 a. “Manager” means any person with the authority to
310 exercise or contribute to the operational control, direction, or
311 management of an applicant or a medical marijuana treatment
312 center or who has authority to supervise any employee of an
313 applicant or a medical marijuana treatment center. This includes
314 officers and board members.
315 b. “Owner” means any person who owns or controls a 5
316 percent or greater share of interests of the applicant or a
317 medical marijuana treatment center which include beneficial or
318 voting rights to interests. In the event that one person owns a
319 beneficial right to interests and another person holds the
320 voting rights with respect to such interests, then in such case,
321 both are considered the owner of such interests.
322 9. The employment of a medical director to supervise the
323 activities of the medical marijuana treatment center.
324 10. A diversity plan that promotes and ensures the
325 involvement of minority persons and minority business
326 enterprises, as defined in s. 288.703, or veteran business
327 enterprises, as defined in s. 295.187, in ownership, management,
328 and employment. An applicant for licensure renewal must show the
329 effectiveness of the diversity plan by including the following
330 with his or her application for renewal:
331 a. Representation of minority persons and veterans in the
332 medical marijuana treatment center’s workforce;
333 b. Efforts to recruit minority persons and veterans for
334 employment; and
335 c. A record of contracts for services with minority
336 business enterprises and veteran business enterprises.
337 (e) A licensed medical marijuana treatment center shall
338 cultivate, process, transport, and dispense marijuana for
339 medical use. A licensed medical marijuana treatment center may
340 not contract for services directly related to the cultivation,
341 processing, and dispensing of marijuana or marijuana delivery
342 devices, except that a medical marijuana treatment center
343 licensed pursuant to subparagraph (a)1. may contract with a
344 single entity for the cultivation, processing, transporting, and
345 dispensing of marijuana and marijuana delivery devices. A
346 licensed medical marijuana treatment center shall must, at all
347 times, maintain compliance with the criteria demonstrated and
348 representations made in the initial application and the criteria
349 established in this subsection. Upon request, the department may
350 grant a medical marijuana treatment center a variance from the
351 representations made in the initial application. Consideration
352 of such a request must shall be based upon the individual facts
353 and circumstances surrounding the request. A variance may not be
354 granted unless the requesting medical marijuana treatment center
355 can demonstrate to the department that it has a proposed
356 alternative to the specific representation made in its
357 application which fulfills the same or a similar purpose as the
358 specific representation in a way that the department can
359 reasonably determine will not be a lower standard than the
360 specific representation in the application. A variance may not
361 be granted from the requirements in subparagraph 2. and
362 subparagraphs (b)1. and 2.
363 1. A licensed medical marijuana treatment center may
364 transfer ownership to an individual or entity who meets the
365 requirements of this section. A publicly traded corporation or
366 publicly traded company that meets the requirements of this
367 section is not precluded from ownership of a medical marijuana
368 treatment center. To accommodate a change in ownership:
369 a. The licensed medical marijuana treatment center shall
370 notify the department in writing at least 60 days before the
371 anticipated date of the change of ownership.
372 b. The individual or entity applying for initial licensure
373 due to a change of ownership must submit an application that
374 must be received by the department at least 60 days before the
375 date of change of ownership.
376 c. Upon receipt of an application for a license, the
377 department shall examine the application and, within 30 days
378 after receipt, notify the applicant in writing of any apparent
379 errors or omissions and request any additional information
380 required.
381 d. Requested information omitted from an application for
382 licensure must be filed with the department within 21 days after
383 the department’s request for omitted information or the
384 application will shall be deemed incomplete and shall be
385 withdrawn from further consideration and the fees shall be
386 forfeited.
387 e. Within 30 days after the receipt of a complete
388 application, the department shall approve or deny the
389 application.
390 2. A medical marijuana treatment center, and any individual
391 or entity who directly or indirectly owns, controls, or holds
392 with power to vote 5 percent or more of the voting shares of a
393 medical marijuana treatment center, may not acquire direct or
394 indirect ownership or control of any voting shares or other form
395 of ownership of any other medical marijuana treatment center.
396 3. A medical marijuana treatment center may not enter into
397 any form of profit-sharing arrangement with the property owner
398 or lessor of any of its facilities where cultivation,
399 processing, storing, or dispensing of marijuana and marijuana
400 delivery devices occurs.
401 4. All employees of a medical marijuana treatment center
402 must be 21 years of age or older and have passed a background
403 screening pursuant to subsection (9). As used in this
404 subparagraph, the term “employee” means any person employed by a
405 medical marijuana treatment center licensee in any capacity,
406 including those whose duties involve any aspect of the
407 cultivation, processing, transportation, or dispensing of
408 marijuana. This requirement applies to all employees, regardless
409 of the compensation received.
410 5. Each medical marijuana treatment center must adopt and
411 enforce policies and procedures to ensure employees and
412 volunteers receive training on the legal requirements to
413 dispense marijuana to qualified patients.
414 6. When growing marijuana, a medical marijuana treatment
415 center:
416 a. May use pesticides determined by the department, after
417 consultation with the Department of Agriculture and Consumer
418 Services, to be safely applied to plants intended for human
419 consumption, but may not use pesticides designated as
420 restricted-use pesticides pursuant to s. 487.042.
421 b. Must grow marijuana within an enclosed structure and in
422 a room separate from any other plant.
423 c. Must inspect seeds and growing plants for plant pests
424 that endanger or threaten the horticultural and agricultural
425 interests of the state in accordance with chapter 581 and any
426 rules adopted thereunder.
427 d. Must perform fumigation or treatment of plants, or
428 remove and destroy infested or infected plants, in accordance
429 with chapter 581 and any rules adopted thereunder.
430 7. Each medical marijuana treatment center must produce and
431 make available for purchase at least one low-THC cannabis
432 product.
433 8. A medical marijuana treatment center that produces
434 edibles must hold a permit to operate as a food establishment
435 pursuant to chapter 500, the Florida Food Safety Act, and must
436 comply with all the requirements for food establishments
437 pursuant to chapter 500 and any rules adopted thereunder.
438 Edibles may not contain more than 200 milligrams of
439 tetrahydrocannabinol, and a single serving portion of an edible
440 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
441 may not have a potency variance of no greater than 15 percent.
442 Marijuana products, including edibles, may not be attractive to
443 children; be manufactured in the shape of humans, cartoons, or
444 animals; be manufactured in a form that bears any reasonable
445 resemblance to products available for consumption as
446 commercially available candy; or contain any color additives. To
447 discourage consumption of edibles by children, the department
448 shall determine by rule any shapes, forms, and ingredients
449 allowed and prohibited for edibles. Medical marijuana treatment
450 centers may not begin processing or dispensing edibles until
451 after the effective date of the rule. The department shall also
452 adopt sanitation rules providing the standards and requirements
453 for the storage, display, or dispensing of edibles.
454 9. Within 12 months after licensure, a medical marijuana
455 treatment center must demonstrate to the department that all of
456 its processing facilities have passed a Food Safety Good
457 Manufacturing Practices, such as Global Food Safety Initiative
458 or equivalent, inspection by a nationally accredited certifying
459 body. A medical marijuana treatment center must immediately stop
460 processing at any facility which fails to pass this inspection
461 until it demonstrates to the department that such facility has
462 met this requirement.
463 10. A medical marijuana treatment center that produces
464 prerolled marijuana cigarettes may not use wrapping paper made
465 with tobacco or hemp.
466 11. When processing marijuana, a medical marijuana
467 treatment center must:
468 a. Process the marijuana within an enclosed structure and
469 in a room separate from other plants or products.
470 b. Comply with department rules when processing marijuana
471 with hydrocarbon solvents or other solvents or gases exhibiting
472 potential toxicity to humans. The department shall determine by
473 rule the requirements for medical marijuana treatment centers to
474 use such solvents or gases exhibiting potential toxicity to
475 humans.
476 c. Comply with federal and state laws and regulations and
477 department rules for solid and liquid wastes. The department
478 shall determine by rule procedures for the storage, handling,
479 transportation, management, and disposal of solid and liquid
480 waste generated during marijuana production and processing. The
481 Department of Environmental Protection shall assist the
482 department in developing such rules.
483 d. Test the processed marijuana using a medical marijuana
484 testing laboratory before it is dispensed. Results must be
485 verified and signed by two medical marijuana treatment center
486 employees. Before dispensing, the medical marijuana treatment
487 center must determine that the test results indicate that low
488 THC cannabis meets the definition of low-THC cannabis, the
489 concentration of tetrahydrocannabinol meets the potency
490 requirements of this section, the labeling of the concentration
491 of tetrahydrocannabinol and cannabidiol is accurate, and all
492 marijuana is safe for human consumption and free from
493 contaminants that are unsafe for human consumption. The
494 department shall determine by rule which contaminants must be
495 tested for and the maximum levels of each contaminant which are
496 safe for human consumption. The Department of Agriculture and
497 Consumer Services shall assist the department in developing the
498 testing requirements for contaminants that are unsafe for human
499 consumption in edibles. The department shall also determine by
500 rule the procedures for the treatment of marijuana that fails to
501 meet the testing requirements of this section, s. 381.988, or
502 department rule. The department may select samples of marijuana
503 from a medical marijuana treatment center facility which shall
504 be tested by the department to determine whether the marijuana
505 meets the potency requirements of this section, is safe for
506 human consumption, and is accurately labeled with the
507 tetrahydrocannabinol and cannabidiol concentration or to verify
508 the result of marijuana testing conducted by a marijuana testing
509 laboratory. The department may also select samples of marijuana
510 delivery devices from a medical marijuana treatment center to
511 determine whether the marijuana delivery device is safe for use
512 by qualified patients. A medical marijuana treatment center may
513 not require payment from the department for the sample. A
514 medical marijuana treatment center must recall marijuana,
515 including all marijuana and marijuana products made from the
516 same batch of marijuana, that fails to meet the potency
517 requirements of this section, that is unsafe for human
518 consumption, or for which the labeling of the
519 tetrahydrocannabinol and cannabidiol concentration is
520 inaccurate. The department shall adopt rules to establish
521 marijuana potency variations of no greater than 15 percent using
522 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
523 for, but is not limited to, time lapses between testing, testing
524 methods, testing instruments, and types of marijuana sampled for
525 testing. The department may not issue any recalls for product
526 potency as it relates to product labeling before issuing a rule
527 relating to potency variation standards. A medical marijuana
528 treatment center must also recall all marijuana delivery devices
529 determined to be unsafe for use by qualified patients. The
530 medical marijuana treatment center must retain records of all
531 testing and samples of each homogeneous batch of marijuana for
532 at least 9 months. The medical marijuana treatment center must
533 contract with a marijuana testing laboratory to perform audits
534 on the medical marijuana treatment center’s standard operating
535 procedures, testing records, and samples and provide the results
536 to the department to confirm that the marijuana or low-THC
537 cannabis meets the requirements of this section and that the
538 marijuana or low-THC cannabis is safe for human consumption. A
539 medical marijuana treatment center shall reserve two processed
540 samples from each batch and retain such samples for at least 9
541 months for the purpose of such audits. A medical marijuana
542 treatment center may use a laboratory that has not been
543 certified by the department under s. 381.988 until such time as
544 at least one laboratory holds the required certification, but in
545 no event later than July 1, 2018.
546 e. Package the marijuana in compliance with the United
547 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
548 1471 et seq.
549 f. Package the marijuana in a receptacle that has a firmly
550 affixed and legible label stating the following information:
551 (I) The marijuana or low-THC cannabis meets the
552 requirements of sub-subparagraph d.
553 (II) The name of the medical marijuana treatment center
554 from which the marijuana originates.
555 (III) The batch number and harvest number from which the
556 marijuana originates and the date dispensed.
557 (IV) The name of the physician who issued the physician
558 certification.
559 (V) The name of the patient.
560 (VI) The product name, if applicable, and dosage form,
561 including concentration of tetrahydrocannabinol and cannabidiol.
562 The product name may not contain wording commonly associated
563 with products that are attractive to children or which promote
564 the recreational use of marijuana.
565 (VII) The recommended dose.
566 (VIII) A warning that it is illegal to transfer medical
567 marijuana to another person.
568 (IX) A marijuana universal symbol developed by the
569 department.
570 12. The medical marijuana treatment center shall include in
571 each package a patient package insert with information on the
572 specific product dispensed related to:
573 a. Clinical pharmacology.
574 b. Indications and use.
575 c. Dosage and administration.
576 d. Dosage forms and strengths.
577 e. Contraindications.
578 f. Warnings and precautions.
579 g. Adverse reactions.
580 13. In addition to the packaging and labeling requirements
581 specified in subparagraphs 11. and 12., marijuana in a form for
582 smoking must be packaged in a sealed receptacle with a legible
583 and prominent warning to keep away from children and a warning
584 that states marijuana smoke contains carcinogens and may
585 negatively affect health. Such receptacles for marijuana in a
586 form for smoking must be plain, opaque, and white without
587 depictions of the product or images other than the medical
588 marijuana treatment center’s department-approved logo and the
589 marijuana universal symbol.
590 14. The department shall adopt rules to regulate the types,
591 appearance, and labeling of marijuana delivery devices dispensed
592 from a medical marijuana treatment center. The rules must
593 require marijuana delivery devices to have an appearance
594 consistent with medical use.
595 15. Each edible must be individually sealed in plain,
596 opaque wrapping marked only with the marijuana universal symbol.
597 Where practical, each edible must be marked with the marijuana
598 universal symbol. In addition to the packaging and labeling
599 requirements in subparagraphs 11. and 12., edible receptacles
600 must be plain, opaque, and white without depictions of the
601 product or images other than the medical marijuana treatment
602 center’s department-approved logo and the marijuana universal
603 symbol. The receptacle must also include a list of all the
604 edible’s ingredients, storage instructions, an expiration date,
605 a legible and prominent warning to keep away from children and
606 pets, and a warning that the edible has not been produced or
607 inspected pursuant to federal food safety laws.
608 16. When dispensing marijuana or a marijuana delivery
609 device, a medical marijuana treatment center:
610 a. May dispense any active, valid order for low-THC
611 cannabis, medical cannabis and cannabis delivery devices issued
612 pursuant to former s. 381.986, Florida Statutes 2016, which was
613 entered into the medical marijuana use registry before July 1,
614 2017.
615 b. May not dispense more than a 70-day supply of marijuana
616 within any 70-day period to a qualified patient or caregiver.
617 May not dispense more than one 35-day supply of marijuana in a
618 form for smoking within any 35-day period to a qualified patient
619 or caregiver. A 35-day supply of marijuana in a form for smoking
620 may not exceed 2.5 ounces unless an exception to this amount is
621 approved by the department pursuant to paragraph (4)(f).
622 c. Must have the medical marijuana treatment center’s
623 employee who dispenses the marijuana or a marijuana delivery
624 device enter into the medical marijuana use registry his or her
625 name or unique employee identifier.
626 d. Must verify that the qualified patient and the
627 caregiver, if applicable, each have an active registration in
628 the medical marijuana use registry and an active and valid
629 medical marijuana use registry identification card, the amount
630 and type of marijuana dispensed matches the physician
631 certification in the medical marijuana use registry for that
632 qualified patient, and the physician certification has not
633 already been filled.
634 e. May not dispense marijuana to a qualified patient who is
635 younger than 18 years of age. If the qualified patient is
636 younger than 18 years of age, marijuana may only be dispensed to
637 the qualified patient’s caregiver.
638 f. May not dispense or sell any other type of cannabis,
639 alcohol, or illicit drug-related product, including pipes or
640 wrapping papers made with tobacco or hemp, other than a
641 marijuana delivery device required for the medical use of
642 marijuana and which is specified in a physician certification.
643 g. Must, upon dispensing the marijuana or marijuana
644 delivery device, record in the registry the date, time,
645 quantity, and form of marijuana dispensed; the type of marijuana
646 delivery device dispensed; and the name and medical marijuana
647 use registry identification number of the qualified patient or
648 caregiver to whom the marijuana delivery device was dispensed.
649 h. Must ensure that patient records are not visible to
650 anyone other than the qualified patient, his or her caregiver,
651 and authorized medical marijuana treatment center employees.
652 (f) To ensure the safety and security of premises where the
653 cultivation, processing, storing, or dispensing of marijuana
654 occurs, and to maintain adequate controls against the diversion,
655 theft, and loss of marijuana or marijuana delivery devices, a
656 medical marijuana treatment center shall:
657 1.a. Maintain a fully operational security alarm system
658 that secures all entry points and perimeter windows and is
659 equipped with motion detectors; pressure switches; and duress,
660 panic, and hold-up alarms; and
661 b. Maintain a video surveillance system that records
662 continuously 24 hours a day and meets the following criteria:
663 (I) Cameras are fixed in a place that allows for the clear
664 identification of persons and activities in controlled areas of
665 the premises. Controlled areas include grow rooms, processing
666 rooms, storage rooms, disposal rooms or areas, and point-of-sale
667 rooms.
668 (II) Cameras are fixed in entrances and exits to the
669 premises, which must shall record from both indoor and outdoor,
670 or ingress and egress, vantage points.
671 (III) Recorded images must clearly and accurately display
672 the time and date.
673 (IV) Retain video surveillance recordings for at least 45
674 days or longer upon the request of a law enforcement agency.
675 2. Ensure that the medical marijuana treatment center’s
676 outdoor premises have sufficient lighting from dusk until dawn.
677 3. Ensure that the indoor premises where dispensing occurs
678 includes a waiting area with sufficient space and seating to
679 accommodate qualified patients and caregivers and at least one
680 private consultation area that is isolated from the waiting area
681 and area where dispensing occurs. A medical marijuana treatment
682 center may not display products or dispense marijuana or
683 marijuana delivery devices in the waiting area.
684 4. Not dispense from its premises marijuana or a marijuana
685 delivery device between the hours of 9 p.m. and 7 a.m., but may
686 perform all other operations and deliver marijuana to qualified
687 patients 24 hours a day.
688 5. Store marijuana in a secured, locked room or a vault.
689 6. Require at least two of its employees, or two employees
690 of a security agency with whom it contracts, to be on the
691 premises at all times where cultivation, processing, or storing
692 of marijuana occurs.
693 7. Require each employee or contractor to wear a photo
694 identification badge at all times while on the premises.
695 8. Require each visitor to wear a visitor pass at all times
696 while on the premises.
697 9. Implement an alcohol and drug-free workplace policy.
698 10. Report to local law enforcement and notify the
699 department through e-mail within 24 hours after the medical
700 marijuana treatment center is notified or becomes aware of any
701 actual or attempted the theft, diversion, or loss of marijuana.
702 Section 6. Paragraph (d) of subsection (1) of section
703 381.988, Florida Statutes, is amended to read:
704 381.988 Medical marijuana testing laboratories; marijuana
705 tests conducted by a certified laboratory.—
706 (1) A person or entity seeking to be a certified marijuana
707 testing laboratory must:
708 (d) Require all employees, owners, and managers to submit
709 to and pass a level 2 background screening pursuant to chapter
710 435. The department shall deny certification if the person or
711 entity seeking certification has a disqualifying offense as
712 provided in s. 435.04 or has an arrest awaiting final
713 disposition for, has been found guilty of, or has entered a plea
714 of guilty or nolo contendere to, regardless of adjudication, any
715 offense listed in chapter 837, chapter 895, or chapter 896 or
716 similar law of another jurisdiction. Exemptions from
717 disqualification as provided under s. 435.07 do not apply to
718 this paragraph.
719 1. As used in this paragraph, the term:
720 a. “Employee” means any person whose duties or activities
721 involve any aspect of regulatory compliance testing or research
722 and development testing of marijuana for a certified marijuana
723 testing laboratory, regardless of whether such person is
724 compensated for his or her work.
725 b. “Manager” means any person with authority to exercise or
726 contribute to the operational control, direction, or management
727 of an applicant or certified marijuana testing laboratory or who
728 has authority to supervise any employee of an applicant or a
729 certified marijuana testing laboratory. This includes officers
730 and board members.
731 c. “Owner” means any person who owns or controls a 5
732 percent or greater share of interests of the applicant or a
733 certified marijuana testing laboratory which include beneficial
734 or voting rights to interests. In the event that one person owns
735 a beneficial right to interests and another person holds the
736 voting rights with respect to such interests, then in such case,
737 both are considered the owner of such interests.
738 2. Such employees, owners, and managers must submit a full
739 set of fingerprints to the department or to a vendor, entity, or
740 agency authorized by s. 943.053(13). The department, vendor,
741 entity, or agency shall forward the fingerprints to the
742 Department of Law Enforcement for state processing, and the
743 Department of Law Enforcement shall forward the fingerprints to
744 the Federal Bureau of Investigation for national processing.
745 3.2. Fees for state and federal fingerprint processing and
746 retention must shall be borne by the certified marijuana testing
747 laboratory. The state cost for fingerprint processing is shall
748 be as provided in s. 943.053(3)(e) for records provided to
749 persons or entities other than those specified as exceptions
750 therein.
751 4.3. Fingerprints submitted to the Department of Law
752 Enforcement pursuant to this paragraph must shall be retained by
753 the Department of Law Enforcement as provided in s. 943.05(2)(g)
754 and (h) and, when the Department of Law Enforcement begins
755 participation in the program, enrolled in the Federal Bureau of
756 Investigation’s national retained print arrest notification
757 program. Any arrest record identified must shall be reported to
758 the department.
759 Section 7. Paragraph (c) of subsection (2) of section
760 456.0145, Florida Statutes, is amended to read:
761 456.0145 Mobile Opportunity by Interstate Licensure
762 Endorsement (MOBILE) Act.—
763 (2) LICENSURE BY ENDORSEMENT.—
764 (c) A person is ineligible for a license under this section
765 if he or she:
766 1. Has a complaint, an allegation, or an investigation
767 pending before a licensing entity in another state, the District
768 of Columbia, or a possession or territory of the United States;
769 2. Has been convicted of or pled nolo contendere to,
770 regardless of adjudication, any felony or misdemeanor related to
771 the practice of a health care profession;
772 3. Has had a health care provider license revoked or
773 suspended by another state, the District of Columbia, or a
774 territory of the United States, or has voluntarily surrendered
775 any such license in lieu of having disciplinary action taken
776 against the license; or
777 4. Has been reported to the National Practitioner Data
778 Bank, unless the applicant has successfully appealed to have his
779 or her name removed from the data bank. If the reported adverse
780 action was a result of conduct that would not constitute a
781 violation of any law or rule in this state, the board, or the
782 department if there is no board, may:
783 a. Approve the application;
784 b. Approve the application with restrictions on the scope
785 of practice of the licensee;
786 c. Approve the application with placement of the licensee
787 on probation for a period of time and subject to such conditions
788 as the board, or the department if there is no board, may
789 specify, including, but not limited to, requiring the applicant
790 to submit to treatment, attend continuing education courses, or
791 submit to reexamination; or
792 d. Deny the application.
793 Section 8. Section 486.112, Florida Statutes, is amended to
794 read:
795 486.112 Physical Therapy Licensure Compact.—The Physical
796 Therapy Licensure Compact is hereby enacted into law and entered
797 into by this state with all other jurisdictions legally joining
798 therein in the form substantially as follows:
799
800 ARTICLE I
801 PURPOSE AND OBJECTIVES
802
803 (1) The purpose of the compact is to facilitate interstate
804 practice of physical therapy with the goal of improving public
805 access to physical therapy services. The compact preserves the
806 regulatory authority of member states to protect public health
807 and safety through their current systems of state licensure. For
808 purposes of state regulation under the compact, the practice of
809 physical therapy is deemed to have occurred in the state where
810 the patient is located at the time physical therapy is provided
811 to the patient.
812 (2) The compact is designed to achieve all of the following
813 objectives:
814 (a) Increase public access to physical therapy services by
815 providing for the mutual recognition of other member state
816 licenses.
817 (b) Enhance the states’ ability to protect the public’s
818 health and safety.
819 (c) Encourage the cooperation of member states in
820 regulating multistate physical therapy practice.
821 (d) Support spouses of relocating military members.
822 (e) Enhance the exchange of licensure, investigative, and
823 disciplinary information between member states.
824 (f) Allow a remote state to hold a provider of services
825 with a compact privilege in that state accountable to that
826 state’s practice standards.
827
828 ARTICLE II
829 DEFINITIONS
830
831 As used in the compact, and except as otherwise provided,
832 the term:
833 (1) “Active duty military” means full-time duty status in
834 the active uniformed service of the United States, including
835 members of the National Guard and Reserve on active duty orders
836 pursuant to 10 U.S.C. chapter 1209 or chapter 1211.
837 (2) “Adverse action” means disciplinary action taken by a
838 physical therapy licensing board based upon misconduct,
839 unacceptable performance, or a combination of both.
840 (3) “Alternative program” means a nondisciplinary
841 monitoring or practice remediation process approved by a state’s
842 physical therapy licensing board. The term includes, but is not
843 limited to, programs that address substance abuse issues.
844 (4) “Compact privilege” means the authorization granted by
845 a remote state to allow a licensee from another member state to
846 practice as a physical therapist or physical therapist assistant
847 in the remote state under its laws and rules.
848 (5) “Continuing competence” means a requirement, as a
849 condition of license renewal, to provide evidence of
850 participation in, and completion of, educational and
851 professional activities relevant to the practice of physical
852 therapy.
853 (6) “Data system” means the coordinated database and
854 reporting system created by the Physical Therapy Compact
855 Commission for the exchange of information between member states
856 relating to licensees or applicants under the compact, including
857 identifying information, licensure data, investigative
858 information, adverse actions, nonconfidential information
859 related to alternative program participation, any denials of
860 applications for licensure, and other information as specified
861 by commission rule.
862 (7) “Encumbered license” means a license that a physical
863 therapy licensing board has limited in any way.
864 (8) “Executive board” means a group of directors elected or
865 appointed to act on behalf of, and within the powers granted to
866 them by, the commission.
867 (9) “Home state” means the member state that is the
868 licensee’s primary state of residence.
869 (10) “Investigative information” means information,
870 records, and documents received or generated by a physical
871 therapy licensing board pursuant to an investigation.
872 (11) “Jurisprudence requirement” means the assessment of an
873 individual’s knowledge of the laws and rules governing the
874 practice of physical therapy in a specific state.
875 (12) “Licensee” means an individual who currently holds an
876 authorization from a state to practice as a physical therapist
877 or physical therapist assistant.
878 (13) “Member state” means a state that has enacted the
879 compact.
880 (14) “Party state” means any member state in which a
881 licensee holds a current license or compact privilege or is
882 applying for a license or compact privilege.
883 (15) “Physical therapist” means an individual licensed by a
884 state to practice physical therapy.
885 (16)(15) “Physical therapist assistant” means an individual
886 licensed by a state to assist a physical therapist in specified
887 areas of physical therapy.
888 (17)(16) “Physical therapy” or “the practice of physical
889 therapy” means the care and services provided by or under the
890 direction and supervision of a licensed physical therapist.
891 (18)(17) “Physical Therapy Compact Commission” or
892 “commission” means the national administrative body whose
893 membership consists of all states that have enacted the compact.
894 (19)(18) “Physical therapy licensing board” means the
895 agency of a state which is responsible for the licensing and
896 regulation of physical therapists and physical therapist
897 assistants.
898 (20)(19) “Remote state” means a member state other than the
899 home state where a licensee is exercising or seeking to exercise
900 the compact privilege.
901 (21)(20) “Rule” means a regulation, principle, or directive
902 adopted by the commission which has the force of law.
903 (22)(21) “State” means any state, commonwealth, district,
904 or territory of the United States of America which regulates the
905 practice of physical therapy.
906
907 ARTICLE III
908 STATE PARTICIPATION IN THE COMPACT
909
910 (1) To participate in the compact, a state must do all of
911 the following:
912 (a) Participate fully in the commission’s data system,
913 including using the commission’s unique identifier, as defined
914 by commission rule.
915 (b) Have a mechanism in place for receiving and
916 investigating complaints about licensees.
917 (c) Notify the commission, in accordance with the terms of
918 the compact and rules, of any adverse action or the availability
919 of investigative information regarding a licensee.
920 (d) Fully implement a criminal background check
921 requirement, within a timeframe established by commission rule,
922 which uses results from the Federal Bureau of Investigation
923 record search on criminal background checks to make licensure
924 decisions in accordance with subsection (2).
925 (e) Comply with the commission’s rules.
926 (f) Use a recognized national examination as a requirement
927 for licensure pursuant to the commission’s rules.
928 (g) Have continuing competence requirements as a condition
929 for license renewal.
930 (2) Upon adoption of the compact, a member state has the
931 authority to obtain biometric-based information from each
932 licensee applying for a compact privilege and submit this
933 information to the Federal Bureau of Investigation for a
934 criminal background check in accordance with 28 U.S.C. s. 534
935 and 34 U.S.C. s. 40316.
936 (3) A member state must grant the compact privilege to a
937 licensee holding a valid unencumbered license in another member
938 state in accordance with the terms of the compact and rules.
939
940 ARTICLE IV
941 COMPACT PRIVILEGE
942
943 (1) To exercise the compact privilege under the compact, a
944 licensee must satisfy all of the following conditions:
945 (a) Hold a license in the home state.
946 (b) Not have an encumbrance on any state license.
947 (c) Be eligible for a compact privilege in all member
948 states in accordance with subsections (4), (7), and (8).
949 (d) Not have had an adverse action against any license or
950 compact privilege within the preceding 2 years.
951 (e) Notify the commission that the licensee is seeking the
952 compact privilege within a remote state.
953 (f) Meet any jurisprudence requirements established by the
954 remote state in which the licensee is seeking a compact
955 privilege.
956 (g) Report to the commission adverse action taken by any
957 nonmember state within 30 days after the date the adverse action
958 is taken.
959 (2) The compact privilege is valid until the expiration
960 date of the home license. The licensee must continue to meet the
961 requirements of subsection (1) to maintain the compact privilege
962 in a remote state.
963 (3) A licensee providing physical therapy in a remote state
964 under the compact privilege must comply with the laws and rules
965 of the remote state.
966 (4) A licensee providing physical therapy in a remote state
967 is subject to that state’s regulatory authority. A remote state
968 may, in accordance with due process and that state’s laws,
969 remove a licensee’s compact privilege in the remote state for a
970 specific period of time, impose fines, and take any other
971 necessary actions to protect the health and safety of its
972 citizens. The licensee is not eligible for a compact privilege
973 in any member state until the specific period of time for
974 removal has ended and all fines are paid.
975 (5) If a home state license is encumbered, the licensee
976 loses the compact privilege in any remote state until the
977 following conditions are met:
978 (a) The home state license is no longer encumbered.
979 (b) Two years have elapsed from the date of the adverse
980 action.
981 (6) Once an encumbered license in the home state is
982 restored to good standing, the licensee must meet the
983 requirements of subsection (1) to obtain a compact privilege in
984 any remote state.
985 (7) If a licensee’s compact privilege in any remote state
986 is removed, the licensee loses the compact privilege in all
987 remote states until all of the following conditions are met:
988 (a) The specific period of time for which the compact
989 privilege was removed has ended.
990 (b) All fines have been paid.
991 (c) Two years have elapsed from the date of the adverse
992 action.
993 (8) Once the requirements of subsection (7) have been met,
994 the licensee must meet the requirements of subsection (1) to
995 obtain a compact privilege in a remote state.
996
997 ARTICLE V
998 ACTIVE DUTY MILITARY PERSONNEL
999 AND THEIR SPOUSES
1000
1001 A licensee who is active duty military or is the spouse of
1002 an individual who is active duty military may choose any of the
1003 following locations to designate his or her home state:
1004 (1) Home of record.
1005 (2) Permanent change of station location.
1006 (3) State of current residence, if it is different from the
1007 home of record or permanent change of station location.
1008
1009 ARTICLE VI
1010 ADVERSE ACTIONS
1011
1012 (1) A home state has exclusive power to impose adverse
1013 action against a license issued by the home state.
1014 (2) A home state may take adverse action based on the
1015 investigative information of a remote state, so long as the home
1016 state follows its own procedures for imposing adverse action.
1017 (3) The compact does not override a member state’s decision
1018 that participation in an alternative program may be used in lieu
1019 of adverse action and that such participation remain nonpublic
1020 if required by the member state’s laws. Member states must
1021 require licensees who enter any alternative programs in lieu of
1022 discipline to agree not to practice in any other member state
1023 during the term of the alternative program without prior
1024 authorization from such other member state.
1025 (4) A member state may investigate actual or alleged
1026 violations of the laws and rules for the practice of physical
1027 therapy committed in any other member state by a physical
1028 therapist or physical therapist assistant practicing under the
1029 compact who holds a license or compact privilege in such other
1030 member state.
1031 (5) A remote state may do any of the following:
1032 (a) Take adverse actions as set forth in subsection (4) of
1033 Article IV against a licensee’s compact privilege in the state.
1034 (b) Issue subpoenas for both hearings and investigations
1035 which require the attendance and testimony of witnesses and the
1036 production of evidence. Subpoenas issued by a physical therapy
1037 licensing board in a party member state for the attendance and
1038 testimony of witnesses or for the production of evidence from
1039 another party member state must be enforced in the latter state
1040 by any court of competent jurisdiction, according to the
1041 practice and procedure of that court applicable to subpoenas
1042 issued in proceedings pending before it. The issuing authority
1043 shall pay any witness fees, travel expenses, mileage, and other
1044 fees required by the service laws of the state where the
1045 witnesses or evidence is located.
1046 (c) If otherwise permitted by state law, recover from the
1047 licensee the costs of investigations and disposition of cases
1048 resulting from any adverse action taken against that licensee.
1049 (6)(a) In addition to the authority granted to a member
1050 state by its respective physical therapy practice act or other
1051 applicable state law, a member state may participate with other
1052 member states in joint investigations of licensees.
1053 (b) Member states shall share any investigative,
1054 litigation, or compliance materials in furtherance of any joint
1055 or individual investigation initiated under the compact.
1056
1057 ARTICLE VII
1058 ESTABLISHMENT OF THE
1059 PHYSICAL THERAPY COMPACT COMMISSION
1060
1061 (1) COMMISSION CREATED.—The member states hereby create and
1062 establish a joint public agency known as the Physical Therapy
1063 Compact Commission:
1064 (a) The commission is an instrumentality of the member
1065 states.
1066 (b) Venue is proper, and judicial proceedings by or against
1067 the commission must be brought solely and exclusively, in a
1068 court of competent jurisdiction where the principal office of
1069 the commission is located. The commission may waive venue and
1070 jurisdictional defenses to the extent it adopts or consents to
1071 participate in alternative dispute resolution proceedings.
1072 (c) The compact may not be construed to be a waiver of
1073 sovereign immunity.
1074 (2) MEMBERSHIP, VOTING, AND MEETINGS.—
1075 (a) Each member state has and is limited to one delegate
1076 selected by that member state’s physical therapy licensing board
1077 to serve on the commission. The delegate must be a current
1078 member of the physical therapy licensing board who is a physical
1079 therapist, a physical therapist assistant, a public member, or
1080 the board administrator.
1081 (b) A delegate may be removed or suspended from office as
1082 provided by the law of the state from which the delegate is
1083 appointed. Any vacancy occurring on the commission must be
1084 filled by the physical therapy licensing board of the member
1085 state for which the vacancy exists.
1086 (c) Each delegate is entitled to one vote with regard to
1087 the adoption of rules and bylaws and shall otherwise have an
1088 opportunity to participate in the business and affairs of the
1089 commission.
1090 (d) A delegate shall vote in person or by such other means
1091 as provided in the bylaws. The bylaws may provide for delegates’
1092 participation in meetings by telephone or other means of
1093 communication.
1094 (e) The commission shall meet at least once during each
1095 calendar year. Additional meetings may be held as set forth in
1096 the bylaws.
1097 (f) All meetings must be open to the public, and public
1098 notice of meetings must be given in the same manner as required
1099 under the rulemaking provisions in Article IX.
1100 (g) The commission or the executive board or other
1101 committees of the commission may convene in a closed, nonpublic
1102 meeting if the commission or executive board or other committees
1103 of the commission must discuss any of the following:
1104 1. Noncompliance of a member state with its obligations
1105 under the compact.
1106 2. The employment, compensation, or discipline of, or other
1107 matters, practices, or procedures related to, specific employees
1108 or other matters related to the commission’s internal personnel
1109 practices and procedures.
1110 3. Current, threatened, or reasonably anticipated
1111 litigation against the commission, executive board, or other
1112 committees of the commission.
1113 4. Negotiation of contracts for the purchase, lease, or
1114 sale of goods, services, or real estate.
1115 5. An accusation of any person of a crime or a formal
1116 censure of any person.
1117 6. Information disclosing trade secrets or commercial or
1118 financial information that is privileged or confidential.
1119 7. Information of a personal nature where disclosure would
1120 constitute a clearly unwarranted invasion of personal privacy.
1121 8. Investigatory records compiled for law enforcement
1122 purposes.
1123 9. Information related to any investigative reports
1124 prepared by or on behalf of or for use of the commission or
1125 other committee charged with responsibility for investigation or
1126 determination of compliance issues pursuant to the compact.
1127 10. Matters specifically exempted from disclosure by
1128 federal or member state statute.
1129 (h) If a meeting, or portion of a meeting, is closed
1130 pursuant to this subsection, the commission’s legal counsel or
1131 designee must certify that the meeting may be closed and must
1132 reference each relevant exempting provision.
1133 (i) The commission shall keep minutes that fully and
1134 clearly describe all matters discussed in a meeting and shall
1135 provide a full and accurate summary of actions taken and the
1136 reasons therefor, including a description of the views
1137 expressed. All documents considered in connection with an action
1138 must be identified in the minutes. All minutes and documents of
1139 a closed meeting must remain under seal, subject to release only
1140 by a majority vote of the commission or order of a court of
1141 competent jurisdiction.
1142 (3) DUTIES.—The commission shall do all of the following:
1143 (a) Establish the fiscal year of the commission.
1144 (b) Establish bylaws.
1145 (c) Maintain its financial records in accordance with the
1146 bylaws.
1147 (d) Meet and take such actions as are consistent with the
1148 provisions of the compact and the bylaws.
1149 (4) POWERS.—The commission may do any of the following:
1150 (a) Adopt uniform rules to facilitate and coordinate
1151 implementation and administration of the compact. The rules have
1152 the force and effect of law and are binding in all member
1153 states.
1154 (b) Bring and prosecute legal proceedings or actions in the
1155 name of the commission, provided that the standing of any state
1156 physical therapy licensing board to sue or be sued under
1157 applicable law is not affected.
1158 (c) Purchase and maintain insurance and bonds.
1159 (d) Borrow, accept, or contract for services of personnel,
1160 including, but not limited to, employees of a member state.
1161 (e) Hire employees and elect or appoint officers; fix the
1162 compensation of, define the duties of, and grant appropriate
1163 authority to such individuals to carry out the purposes of the
1164 compact; and establish the commission’s personnel policies and
1165 programs relating to conflicts of interest, qualifications of
1166 personnel, and other related personnel matters.
1167 (f) Accept any appropriate donations and grants of money,
1168 equipment, supplies, materials, and services and receive, use,
1169 and dispose of the same, provided that at all times the
1170 commission avoids any appearance of impropriety or conflict of
1171 interest.
1172 (g) Lease, purchase, accept appropriate gifts or donations
1173 of, or otherwise own, hold, improve, or use any property, real,
1174 personal, or mixed, provided that at all times the commission
1175 avoids any appearance of impropriety or conflict of interest.
1176 (h) Sell, convey, mortgage, pledge, lease, exchange,
1177 abandon, or otherwise dispose of any property, real, personal,
1178 or mixed.
1179 (i) Establish a budget and make expenditures.
1180 (j) Borrow money.
1181 (k) Appoint committees, including standing committees
1182 composed of members, state regulators, state legislators or
1183 their representatives, and consumer representatives, and such
1184 other interested persons as may be designated in the compact and
1185 the bylaws.
1186 (l) Provide information to, receive information from, and
1187 cooperate with law enforcement agencies.
1188 (m) Establish and elect an executive board.
1189 (n) Perform such other functions as may be necessary or
1190 appropriate to achieve the purposes of the compact consistent
1191 with the state regulation of physical therapy licensure and
1192 practice.
1193 (5) THE EXECUTIVE BOARD.—
1194 (a) The executive board may act on behalf of the commission
1195 according to the terms of the compact.
1196 (b) The executive board shall be composed of the following
1197 nine members:
1198 1. Seven voting members who are elected by the commission
1199 from the current membership of the commission.
1200 2. One ex officio, nonvoting member from the recognized
1201 national physical therapy professional association.
1202 3. One ex officio, nonvoting member from the recognized
1203 membership organization of the physical therapy licensing
1204 boards.
1205 (c) The ex officio members shall be selected by their
1206 respective organizations.
1207 (d) The commission may remove any member of the executive
1208 board as provided in its bylaws.
1209 (e) The executive board shall meet at least annually.
1210 (f) The executive board shall do all of the following:
1211 1. Recommend to the entire commission changes to the rules
1212 or bylaws, compact legislation, fees paid by compact member
1213 states, such as annual dues, and any commission compact fee
1214 charged to licensees for the compact privilege.
1215 2. Ensure compact administration services are appropriately
1216 provided, contractually or otherwise.
1217 3. Prepare and recommend the budget.
1218 4. Maintain financial records on behalf of the commission.
1219 5. Monitor compact compliance of member states and provide
1220 compliance reports to the commission.
1221 6. Establish additional committees as necessary.
1222 7. Perform other duties as provided in the rules or bylaws.
1223 (6) FINANCING OF THE COMMISSION.—
1224 (a) The commission shall pay, or provide for the payment
1225 of, the reasonable expenses of its establishment, organization,
1226 and ongoing activities.
1227 (b) The commission may accept any appropriate revenue
1228 sources, donations, and grants of money, equipment, supplies,
1229 materials, and services.
1230 (c) The commission may levy and collect an annual
1231 assessment from each member state or impose fees on other
1232 parties to cover the cost of the operations and activities of
1233 the commission and its staff. Such assessments and fees must
1234 total to an amount sufficient to cover the commission’s annual
1235 budget as approved each year for which revenue is not provided
1236 by other sources. The aggregate annual assessment amount must be
1237 allocated based upon a formula to be determined by the
1238 commission, which shall adopt a rule binding upon all member
1239 states.
1240 (d) The commission may not incur obligations of any kind
1241 before securing the funds adequate to meet such obligations; nor
1242 may the commission pledge the credit of any of the member
1243 states, except by and with the authority of the member state.
1244 (e) The commission shall keep accurate accounts of all
1245 receipts and disbursements. The receipts and disbursements of
1246 the commission are subject to the audit and accounting
1247 procedures established under its bylaws. However, all receipts
1248 and disbursements of funds handled by the commission must be
1249 audited yearly by a certified or licensed public accountant, and
1250 the report of the audit must be included in and become part of
1251 the annual report of the commission.
1252 (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
1253 (a) The members, officers, executive director, employees,
1254 and representatives of the commission are immune from suit and
1255 liability, whether personally or in their official capacity, for
1256 any claim for damage to or loss of property or personal injury
1257 or other civil liability caused by or arising out of any actual
1258 or alleged act, error, or omission that occurred, or that the
1259 person against whom the claim is made had a reasonable basis for
1260 believing occurred, within the scope of commission employment,
1261 duties, or responsibilities. However, this paragraph may not be
1262 construed to protect any such person from suit or liability for
1263 any damage, loss, injury, or liability caused by the
1264 intentional, willful, or wanton misconduct of that person.
1265 (b) The commission shall defend any member, officer,
1266 executive director, employee, or representative of the
1267 commission in any civil action seeking to impose liability
1268 arising out of any actual or alleged act, error, or omission
1269 that occurred within the scope of commission employment, duties,
1270 or responsibilities, or that the person against whom the claim
1271 is made had a reasonable basis for believing occurred within the
1272 scope of commission employment, duties, or responsibilities.
1273 However, this subsection may not be construed to prohibit any
1274 member, officer, executive director, employee, or representative
1275 of the commission from retaining his or her own counsel or to
1276 require the commission to defend such person if the actual or
1277 alleged act, error, or omission resulted from that person’s
1278 intentional, willful, or wanton misconduct.
1279 (c) The commission shall indemnify and hold harmless any
1280 member, officer, executive director, employee, or representative
1281 of the commission for the amount of any settlement or judgment
1282 obtained against that person arising out of any actual or
1283 alleged act, error, or omission that occurred within the scope
1284 of commission employment, duties, or responsibilities, or that
1285 such person had a reasonable basis for believing occurred within
1286 the scope of commission employment, duties, or responsibilities,
1287 provided that the actual or alleged act, error, or omission did
1288 not result from the intentional, willful, or wanton misconduct
1289 of that person.
1290
1291 ARTICLE VIII
1292 DATA SYSTEM
1293
1294 (1) The commission shall provide for the development,
1295 maintenance, and use of a coordinated database and reporting
1296 system containing licensure, adverse action, and investigative
1297 information on all licensees in member states.
1298 (2) Notwithstanding any other provision of state law to the
1299 contrary, a member state shall submit a uniform data set to the
1300 data system on all individuals to whom the compact is applicable
1301 as required by the rules of the commission, which data set must
1302 include all of the following:
1303 (a) Identifying information.
1304 (b) Licensure data.
1305 (c) Investigative information.
1306 (d) Adverse actions against a license or compact privilege.
1307 (e) Nonconfidential information related to alternative
1308 program participation.
1309 (f) Any denial of application for licensure, and the reason
1310 for such denial.
1311 (g) Other information that may facilitate the
1312 administration of the compact, as determined by the rules of the
1313 commission.
1314 (3) Investigative information in the system pertaining to a
1315 licensee in any party member state must be available only to
1316 other member states.
1317 (4) The commission shall promptly notify all member states
1318 of any adverse action taken against a licensee or an individual
1319 applying for a license in a member state. Adverse action
1320 information pertaining to a licensee in any member state must be
1321 available to all other member states.
1322 (5) Member states contributing information to the data
1323 system may designate information that may not be shared with the
1324 public without the express permission of the contributing state.
1325 (6) Any information submitted to the data system which is
1326 subsequently required to be expunged by the laws of the member
1327 state contributing the information must be removed from the data
1328 system.
1329
1330 ARTICLE IX
1331 RULEMAKING
1332
1333 (1) The commission shall exercise its rulemaking powers
1334 pursuant to the criteria set forth in this article and the rules
1335 adopted thereunder. Rules and amendments become binding as of
1336 the date specified in each rule or amendment.
1337 (2) If a majority of the legislatures of the member states
1338 rejects a rule by enactment of a statute or resolution in the
1339 same manner used to adopt the compact within 4 years after the
1340 date of adoption of the rule, such rule does not have further
1341 force and effect in any member state.
1342 (3) Rules or amendments to the rules must be adopted at a
1343 regular or special meeting of the commission.
1344 (4) Before adoption of a final rule by the commission, and
1345 at least 30 days before the meeting at which the rule will be
1346 considered and voted upon, the commission must file a notice of
1347 proposed rulemaking on all of the following:
1348 (a) The website of the commission or another publicly
1349 accessible platform.
1350 (b) The website of each member state physical therapy
1351 licensing board or another publicly accessible platform or the
1352 publication in which each state would otherwise publish proposed
1353 rules.
1354 (5) The notice of proposed rulemaking must include all of
1355 the following:
1356 (a) The proposed date, time, and location of the meeting in
1357 which the rule or amendment will be considered and voted upon.
1358 (b) The text of the proposed rule or amendment and the
1359 reason for the proposed rule.
1360 (c) A request for comments on the proposed rule or
1361 amendment from any interested person.
1362 (d) The manner in which interested persons may submit
1363 notice to the commission of their intention to attend the public
1364 hearing and any written comments.
1365 (6) Before adoption of a proposed rule or amendment, the
1366 commission must allow persons to submit written data, facts,
1367 opinions, and arguments, which must be made available to the
1368 public.
1369 (7) The commission must grant an opportunity for a public
1370 hearing before it adopts a rule or an amendment if a hearing is
1371 requested by any of the following:
1372 (a) At least 25 persons.
1373 (b) A state or federal governmental subdivision or agency.
1374 (c) An association having at least 25 members.
1375 (8) If a scheduled public hearing is held on the proposed
1376 rule or amendment, the commission must publish the date, time,
1377 and location of the hearing. If the hearing is held through
1378 electronic means, the commission must publish the mechanism for
1379 access to the electronic hearing.
1380 (a) All persons wishing to be heard at the hearing must
1381 notify the executive director of the commission or another
1382 designated member in writing of their desire to appear and
1383 testify at the hearing at least 5 business days before the
1384 scheduled date of the hearing.
1385 (b) Hearings must be conducted in a manner providing each
1386 person who wishes to comment a fair and reasonable opportunity
1387 to comment orally or in writing.
1388 (c) All hearings must be recorded. A copy of the recording
1389 must be made available on request.
1390 (d) This article may not be construed to require a separate
1391 hearing on each rule. Rules may be grouped for the convenience
1392 of the commission at hearings required by this article.
1393 (9) Following the scheduled hearing date, or by the close
1394 of business on the scheduled hearing date if the hearing was not
1395 held, the commission shall consider all written and oral
1396 comments received.
1397 (10) If no written notice of intent to attend the public
1398 hearing by interested parties is received, the commission may
1399 proceed with adoption of the proposed rule without a public
1400 hearing.
1401 (11) The commission shall, by majority vote of all members,
1402 take final action on the proposed rule and shall determine the
1403 effective date of the rule, if any, based on the rulemaking
1404 record and the full text of the rule.
1405 (12) Upon determination that an emergency exists, the
1406 commission may consider and adopt an emergency rule without
1407 prior notice, opportunity for comment, or hearing, provided that
1408 the usual rulemaking procedures provided in the compact and in
1409 this article are retroactively applied to the rule as soon as
1410 reasonably possible, in no event later than 90 days after the
1411 effective date of the rule. For the purposes of this subsection,
1412 an emergency rule is one that must be adopted immediately in
1413 order to do any of the following:
1414 (a) Meet an imminent threat to public health, safety, or
1415 welfare.
1416 (b) Prevent a loss of commission or member state funds.
1417 (c) Meet a deadline for the adoption of an administrative
1418 rule established by federal law or rule.
1419 (d) Protect public health and safety.
1420 (13) The commission or an authorized committee of the
1421 commission may direct revisions to a previously adopted rule or
1422 amendment for purposes of correcting typographical errors,
1423 errors in format, errors in consistency, or grammatical errors.
1424 Public notice of any revisions must be posted on the website of
1425 the commission. The revision is subject to challenge by any
1426 person for a period of 30 days after posting. The revision may
1427 be challenged only on grounds that the revision results in a
1428 material change to a rule. A challenge must be made in writing
1429 and delivered to the chair of the commission before the end of
1430 the notice period. If a challenge is not made, the revision
1431 takes effect without further action. If the revision is
1432 challenged, the revision may not take effect without the
1433 approval of the commission.
1434
1435 ARTICLE X
1436 OVERSIGHT, DISPUTE RESOLUTION,
1437 AND ENFORCEMENT
1438
1439 (1) OVERSIGHT.—
1440 (a) The executive, legislative, and judicial branches of
1441 state government in each member state shall enforce the compact
1442 and take all actions necessary and appropriate to carry out the
1443 compact’s purposes and intent. The provisions of the compact and
1444 the rules adopted pursuant thereto shall have standing as
1445 statutory law.
1446 (b) All courts shall take judicial notice of the compact
1447 and the rules in any judicial or administrative proceeding in a
1448 member state pertaining to the subject matter of the compact
1449 which may affect the powers, responsibilities, or actions of the
1450 commission.
1451 (c) The commission is entitled to receive service of
1452 process in any such proceeding and has standing to intervene in
1453 such a proceeding for all purposes. Failure to provide service
1454 of process to the commission renders a judgment or an order void
1455 as to the commission, the compact, or the adopted rules.
1456 (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
1457 (a) If the commission determines that a member state has
1458 defaulted in the performance of its obligations or
1459 responsibilities under the compact or the adopted rules, the
1460 commission must do all of the following:
1461 1. Provide written notice to the defaulting state and other
1462 member states of the nature of the default, the proposed means
1463 of curing the default, and any other action to be taken by the
1464 commission.
1465 2. Provide remedial training and specific technical
1466 assistance regarding the default.
1467 (b) If a state in default fails to cure the default, the
1468 defaulting state may be terminated from the compact upon an
1469 affirmative vote of a majority of the member states, and all
1470 rights, privileges, and benefits conferred by the compact may be
1471 terminated on the effective date of termination. A cure of the
1472 default does not relieve the offending state of obligations or
1473 liabilities incurred during the period of default.
1474 (c) Termination of membership in the compact may be imposed
1475 only after all other means of securing compliance have been
1476 exhausted. The commission shall give notice of intent to suspend
1477 or terminate a defaulting member state to the governor and
1478 majority and minority leaders of the defaulting state’s
1479 legislature and to each of the member states.
1480 (d) A state that has been terminated from the compact is
1481 responsible for all assessments, obligations, and liabilities
1482 incurred through the effective date of termination, including
1483 obligations that extend beyond the effective date of
1484 termination.
1485 (e) The commission does not bear any costs related to a
1486 state that is found to be in default or that has been terminated
1487 from the compact, unless agreed upon in writing between the
1488 commission and the defaulting state.
1489 (f) The defaulting state may appeal the action of the
1490 commission by petitioning the United States District Court for
1491 the District of Columbia or the federal district where the
1492 commission has its principal offices. The prevailing member
1493 shall be awarded all costs of such litigation, including
1494 reasonable attorney fees.
1495 (3) DISPUTE RESOLUTION.—
1496 (a) Upon request by a member state, the commission must
1497 attempt to resolve disputes related to the compact which arise
1498 among member states and between member and nonmember states.
1499 (b) The commission shall adopt a rule providing for both
1500 mediation and binding dispute resolution for disputes as
1501 appropriate.
1502 (4) ENFORCEMENT.—
1503 (a) The commission, in the reasonable exercise of its
1504 discretion, shall enforce the compact and the commission’s
1505 rules.
1506 (b) By majority vote, the commission may initiate legal
1507 action in the United States District Court for the District of
1508 Columbia or the federal district where the commission has its
1509 principal offices against a member state in default to enforce
1510 compliance with the provisions of the compact and its adopted
1511 rules and bylaws. The relief sought may include both injunctive
1512 relief and damages. In the event judicial enforcement is
1513 necessary, the prevailing member shall be awarded all costs of
1514 such litigation, including reasonable attorney fees.
1515 (c) The remedies under this article are not the exclusive
1516 remedies of the commission. The commission may pursue any other
1517 remedies available under federal or state law.
1518
1519 ARTICLE XI
1520 DATE OF IMPLEMENTATION OF THE
1521 PHYSICAL THERAPY COMPACT
1522 AND ASSOCIATED RULES;
1523 WITHDRAWAL; AND AMENDMENTS
1524
1525 (1) The compact becomes effective on the date that the
1526 compact statute is enacted into law in the tenth member state.
1527 The provisions that become effective at that time are limited to
1528 the powers granted to the commission relating to assembly and
1529 the adoption of rules. Thereafter, the commission shall meet and
1530 exercise rulemaking powers necessary for the implementation and
1531 administration of the compact.
1532 (2) Any state that joins the compact subsequent to the
1533 commission’s initial adoption of the rules is subject to the
1534 rules as they exist on the date that the compact becomes law in
1535 that state. Any rule that has been previously adopted by the
1536 commission has the full force and effect of law on the day the
1537 compact becomes law in that state.
1538 (3) Any member state may withdraw from the compact by
1539 enacting a statute repealing the same.
1540 (a) A member state’s withdrawal does not take effect until
1541 6 months after enactment of the repealing statute.
1542 (b) Withdrawal does not affect the continuing requirement
1543 of the withdrawing state’s physical therapy licensing board to
1544 comply with the investigative and adverse action reporting
1545 requirements of this act before the effective date of
1546 withdrawal.
1547 (4) The compact may not be construed to invalidate or
1548 prevent any physical therapy licensure agreement or other
1549 cooperative arrangement between a member state and a nonmember
1550 state which does not conflict with the provisions of the
1551 compact.
1552 (5) The compact may be amended by the member states. An
1553 amendment to the compact does not become effective and binding
1554 upon any member state until it is enacted into the laws of all
1555 member states.
1556
1557 ARTICLE XII
1558 CONSTRUCTION AND SEVERABILITY
1559
1560 The compact must be liberally construed so as to carry out
1561 the purposes thereof. The provisions of the compact are
1562 severable, and if any phrase, clause, sentence, or provision of
1563 the compact is declared to be contrary to the constitution of
1564 any party member state or of the United States or the
1565 applicability thereof to any government, agency, person, or
1566 circumstance is held invalid, the validity of the remainder of
1567 the compact and the applicability thereof to any government,
1568 agency, person, or circumstance is not affected thereby. If the
1569 compact is held contrary to the constitution of any party member
1570 state, the compact remains in full force and effect as to the
1571 remaining party member states and in full force and effect as to
1572 the party member state affected as to all severable matters.
1573 Section 9. Paragraph (d) of subsection (3) of section
1574 766.1115, Florida Statutes, is amended to read:
1575 766.1115 Health care providers; creation of agency
1576 relationship with governmental contractors.—
1577 (3) DEFINITIONS.—As used in this section, the term:
1578 (d) “Health care provider” or “provider” means:
1579 1. A birth center licensed under chapter 383.
1580 2. An ambulatory surgical center licensed under chapter
1581 395.
1582 3. A hospital licensed under chapter 395.
1583 4. A physician or physician assistant licensed under
1584 chapter 458.
1585 5. An osteopathic physician or osteopathic physician
1586 assistant licensed under chapter 459.
1587 6. A chiropractic physician licensed under chapter 460.
1588 7. A podiatric physician licensed under chapter 461.
1589 8. A registered nurse, nurse midwife, licensed practical
1590 nurse, or advanced practice registered nurse licensed or
1591 registered under part I of chapter 464 or any facility which
1592 employs nurses licensed or registered under part I of chapter
1593 464 to supply all or part of the care delivered under this
1594 section.
1595 9. A midwife licensed under chapter 467.
1596 10. A health maintenance organization certificated under
1597 part I of chapter 641.
1598 11. A health care professional association and its
1599 employees or a corporate medical group and its employees.
1600 12. Any other medical facility the primary purpose of which
1601 is to deliver human medical diagnostic services or which
1602 delivers nonsurgical human medical treatment, and which includes
1603 an office maintained by a provider.
1604 13. A dentist or dental hygienist licensed under chapter
1605 466.
1606 14. A free clinic that delivers only medical diagnostic
1607 services or nonsurgical medical treatment free of charge to all
1608 low-income recipients.
1609 15. Any other health care professional, practitioner,
1610 provider, or facility under contract with a governmental
1611 contractor, including a student enrolled in an accredited
1612 program that prepares the student for licensure as any one of
1613 the professionals listed in subparagraphs 4.-9. and 13.
1614
1615 The term includes any nonprofit corporation qualified as exempt
1616 from federal income taxation under s. 501(a) of the Internal
1617 Revenue Code, and described in s. 501(c) of the Internal Revenue
1618 Code, which delivers health care services provided by licensed
1619 professionals listed in this paragraph, any federally funded
1620 community health center, and any volunteer corporation or
1621 volunteer health care provider that delivers health care
1622 services.
1623 Section 10. Except as otherwise expressly provided in this
1624 act and except for this section, which shall take effect upon
1625 this act becoming a law, or, if this act fails to become a law
1626 until after June 1, 2025, it shall take effect upon becoming a
1627 law and shall operate retroactively to June 1, 2025, this act
1628 shall take effect July 1, 2025.
1629
1630 ================= T I T L E A M E N D M E N T ================
1631 And the title is amended as follows:
1632 Delete everything before the enacting clause
1633 and insert:
1634 A bill to be entitled
1635 An act relating to the Department of Health;
1636 reenacting ss. 381.00316(2)(g) and 381.00319(1)(e),
1637 F.S., relating to the prohibition on discrimination by
1638 governmental and business entities based on health
1639 care choices and the prohibition on mask mandates and
1640 vaccination and testing mandates for educational
1641 institutions, respectively, for purposes of preserving
1642 the definition of the term “messenger ribonucleic acid
1643 vaccine” notwithstanding its scheduled repeal;
1644 repealing s. 9 of chapter 2023-43, Laws of Florida,
1645 which provides for the repeal of the definition of the
1646 term “messenger ribonucleic acid vaccine”; amending s.
1647 381.026, F.S.; revising the rights of patients, which
1648 each health care provider and facility are required to
1649 observe, to include that such facilities and providers
1650 may not discriminate based on a patient’s vaccination
1651 status; amending s. 381.986, F.S.; deleting the
1652 requirement that all officers and board members of
1653 medical marijuana treatment centers pass a background
1654 screening; defining terms for purposes of background
1655 screening requirements for persons affiliated with
1656 medical marijuana treatment centers; requiring medical
1657 marijuana treatment centers to notify the Department
1658 of Health through electronic mail within a specified
1659 timeframe after an actual or attempted theft,
1660 diversion, or loss of marijuana; requiring medical
1661 marijuana treatment centers to report attempted
1662 thefts, in addition to actual thefts, to law
1663 enforcement within a specified timeframe; amending s.
1664 381.988, F.S.; defining terms for purposes of
1665 background screening requirements for persons
1666 affiliated with medical marijuana testing
1667 laboratories; amending s. 456.0145, F.S.; revising
1668 eligibility criteria for licensure by endorsement
1669 under the MOBILE Act; amending s. 486.112, F.S.;
1670 defining the term “party state”; authorizing a remote
1671 state to issue subpoenas to individuals to testify or
1672 for the production of evidence from a party located in
1673 a party state; providing that such subpoenas are
1674 enforceable in the party state; requiring that
1675 investigative information in a certain system be
1676 available to a licensee in any party state; revising
1677 construction and severability of the compact to
1678 conform to changes made by the act; amending s.
1679 766.1115, F.S.; revising the definition of the term
1680 “health care provider” or “provider”; providing
1681 effective dates.