Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1756
       
       
       
       
       
       
                                Ì150652ÈÎ150652                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2026           .                                
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       The Committee on Rules (Yarborough) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Medical Freedom
    6  Act.”
    7         Section 2. Section 9 of chapter 2023-43, Laws of Florida,
    8  as amended by section 1 of chapter 2025-114, Laws of Florida, is
    9  repealed.
   10         Section 3. Paragraph (d) of subsection (2) of section
   11  381.00315, Florida Statutes, is amended to read:
   12         381.00315 Public health advisories; public health
   13  emergencies; isolation and quarantines.—The State Health Officer
   14  is responsible for declaring public health emergencies, issuing
   15  public health advisories, and ordering isolation or quarantines.
   16         (2)
   17         (d) The State Health Officer, upon declaration of a public
   18  health emergency, may take actions that are necessary to protect
   19  the public health. Such actions include, but are not limited to:
   20         1. Directing manufacturers of prescription drugs or over
   21  the-counter drugs who are permitted under chapter 499 and
   22  wholesalers of prescription drugs located in this state who are
   23  permitted under chapter 499 to give priority to the shipping of
   24  specified drugs to pharmacies and health care providers within
   25  geographic areas identified by the State Health Officer. The
   26  State Health Officer must identify the drugs to be shipped.
   27  Manufacturers and wholesalers located in the state must respond
   28  to the State Health Officer’s priority shipping directive before
   29  shipping the specified drugs.
   30         2. Notwithstanding chapters 465 and 499 and rules adopted
   31  thereunder, directing pharmacists employed by the department to
   32  compound bulk prescription drugs and provide these bulk
   33  prescription drugs to physicians and nurses of county health
   34  departments or any qualified person authorized by the State
   35  Health Officer for administration to persons as part of a
   36  prophylactic or treatment regimen.
   37         3. Notwithstanding s. 456.036, temporarily reactivating the
   38  inactive license of the following health care practitioners,
   39  when such practitioners are needed to respond to the public
   40  health emergency: physicians licensed under chapter 458 or
   41  chapter 459; physician assistants licensed under chapter 458 or
   42  chapter 459; licensed practical nurses, registered nurses, and
   43  advanced practice registered nurses licensed under part I of
   44  chapter 464; respiratory therapists licensed under part V of
   45  chapter 468; and emergency medical technicians and paramedics
   46  certified under part III of chapter 401. Only those health care
   47  practitioners specified in this paragraph who possess an
   48  unencumbered inactive license and who request that such license
   49  be reactivated are eligible for reactivation. An inactive
   50  license that is reactivated under this paragraph shall return to
   51  inactive status when the public health emergency ends or before
   52  the end of the public health emergency if the State Health
   53  Officer determines that the health care practitioner is no
   54  longer needed to provide services during the public health
   55  emergency. Such licenses may only be reactivated for a period
   56  not to exceed 90 days without meeting the requirements of s.
   57  456.036 or chapter 401, as applicable.
   58         4. Ordering an individual to be examined, tested, treated,
   59  isolated, or quarantined for communicable diseases that have
   60  significant morbidity or mortality and present a severe danger
   61  to public health. Individuals who are unable or unwilling to be
   62  examined, tested, or treated for reasons of health, religion, or
   63  conscience may be subjected to isolation or quarantine. For the
   64  purposes of this subparagraph, the State Health Officer′s
   65  authority to treat or order treatment does not include the
   66  authority to order a vaccination.
   67         a. Examination, testing, or treatment may be performed by
   68  any qualified person authorized by the State Health Officer.
   69         b. If the individual poses a danger to the public health,
   70  the State Health Officer may subject the individual to isolation
   71  or quarantine. If there is no practical method to isolate or
   72  quarantine the individual, the State Health Officer may use any
   73  means necessary to treat the individual.
   74         c. Any order of the State Health Officer given to
   75  effectuate this paragraph is immediately enforceable by a law
   76  enforcement officer under s. 381.0012.
   77         Section 4. Section 456.0575, Florida Statutes, is amended
   78  to read:
   79         456.0575 Duty to notify patients.—
   80         (1) ADVERSE INCIDENTS.—A Every licensed health care
   81  practitioner shall inform each patient, or an individual
   82  identified pursuant to s. 765.401(1), in person about adverse
   83  incidents that result in serious harm to the patient.
   84  Notification of outcomes of care that result in harm to the
   85  patient under this section does not constitute an acknowledgment
   86  of admission of liability, nor can such notifications be
   87  introduced as evidence.
   88         (2) VACCINATIONS OF MINORS.—
   89         (a) Each health care practitioner authorized by law to
   90  administer vaccines, and each paramedic acting pursuant to s.
   91  401.272, shall, before administering one or more vaccines to a
   92  minor child, provide the parent or guardian with the following:
   93         1. The most recently issued Vaccine Information Statement
   94  published by the United States Centers for Disease Control and
   95  Prevention pertaining to each vaccine being administered.
   96         2. Materials approved and adopted by joint rule of the
   97  Board of Medicine and the Board of Osteopathic Medicine relating
   98  to the role of immunizations in communicable disease prevention.
   99         (b) Before administering one or more vaccines to a minor
  100  child, the health care practitioner or paramedic must obtain the
  101  signature of the parent or guardian acknowledging receipt of the
  102  information required under paragraph (a).
  103         (c) When more than one vaccine is to be administered, the
  104  health care practitioner shall discuss the timing of multiple
  105  vaccinations with the child′s parent or guardian and the
  106  parent’s or guardian’s options for such timing before
  107  administering the initial vaccination. At the request of the
  108  parent or guardian, a health care practitioner may administer
  109  vaccines to the minor child over multiple encounters.
  110         (3) GOOD FAITH ESTIMATE OF CHARGES.—Upon request by a
  111  patient, before providing nonemergency medical services in a
  112  facility licensed under chapter 395, a health care practitioner
  113  shall provide, in writing or by electronic means, a good faith
  114  estimate of reasonably anticipated charges to treat the
  115  patient’s condition at the facility. The health care
  116  practitioner shall provide the estimate to the patient within 7
  117  business days after receiving the request and is not required to
  118  adjust the estimate for any potential insurance coverage. The
  119  health care practitioner shall inform the patient that the
  120  patient may contact his or her health insurer or health
  121  maintenance organization for additional information concerning
  122  cost-sharing responsibilities. The health care practitioner
  123  shall provide information to uninsured patients and insured
  124  patients for whom the practitioner is not a network provider or
  125  preferred provider which discloses the practitioner’s financial
  126  assistance policy, including the application process, payment
  127  plans, discounts, or other available assistance, and the
  128  practitioner’s charity care policy and collection procedures.
  129  Such estimate does not preclude the actual charges from
  130  exceeding the estimate. Failure to provide the estimate in
  131  accordance with this subsection, without good cause, shall
  132  result in disciplinary action against the health care
  133  practitioner and a daily fine of $500 until the estimate is
  134  provided to the patient. The total fine may not exceed $5,000.
  135         Section 5. The amendments made by this act to s.
  136  456.0575(2)(a) and (b), Florida Statutes, relating to
  137  information that must be provided to parents or guardians before
  138  the administration of a vaccination to a minor are effective
  139  July 1, 2026, or 30 days after the Board of Medicine and the
  140  Board of Osteopathic Medicine adopt by joint rule the
  141  informational materials as required under that subsection,
  142  whichever occurs later. The Board of Medicine and the Board of
  143  Osteopathic Medicine shall adopt the joint rule no later than
  144  120 days after this act becomes a law and shall notify the
  145  Division of Law Revision immediately upon their adoption of the
  146  joint rule. This section takes effect upon becoming a law.
  147         Section 6. Section 458.3351, Florida Statutes, is created
  148  to read:
  149         458.3351 Prescription or administration of ivermectin.—A
  150  health care practitioner who is licensed under this chapter and
  151  whose license includes prescribing authority is immune from
  152  civil or criminal liability or disciplinary action for
  153  prescribing or administering ivermectin to an adult in good
  154  faith, in accordance with the applicable standard of care and in
  155  accordance with this chapter and the rules pertaining to his or
  156  her practice.
  157         Section 7. Section 459.0156, Florida Statutes, is created
  158  to read:
  159         459.0156 Prescription or administration of ivermectin.—A
  160  health care practitioner who is licensed under this chapter and
  161  whose license includes prescribing authority is immune from
  162  civil or criminal liability or disciplinary action for
  163  prescribing or administering ivermectin to an adult in good
  164  faith, in accordance with the applicable standard of care and in
  165  accordance with this chapter and the rules pertaining to his or
  166  her practice.
  167         Section 8. Section 464.0181, Florida Statutes, is created
  168  to read:
  169         464.0181 Prescription or administration of ivermectin.—A
  170  health care practitioner who is licensed under this chapter and
  171  whose license includes prescribing authority is immune from
  172  civil or criminal liability or disciplinary action for
  173  prescribing or administering ivermectin to an adult in good
  174  faith, in accordance with the applicable standard of care and in
  175  accordance with this chapter and the rules pertaining to his or
  176  her practice.
  177         Section 9. Section 465.1897, Florida Statutes, is created
  178  to read:
  179         465.1897Sale of ivermectin without a prescription.—
  180         (1)A pharmacist may provide ivermectin to a person 18
  181  years of age or older without a prescription as a behind-the
  182  counter medication until the United States Food and Drug
  183  Administration approves it for over-the-counter sale.
  184         (2)Before providing ivermectin under this section, the
  185  pharmacist shall provide the person with written information
  186  regarding the indications and contraindications for ivermectin,
  187  the appropriate dosage, and the need to seek follow-up care from
  188  the person’s primary care physician.
  189         (3)A pharmacist acting in good faith is immune from civil
  190  or criminal liability or disciplinary action for providing
  191  ivermectin to an adult in accordance with this section.
  192         (4)The board may adopt rules to implement this section.
  193         Section 10. Subsections (5) and (9) of section 1003.22,
  194  Florida Statutes, are amended to read:
  195         1003.22 School-entry health examinations; immunization
  196  against communicable diseases; exemptions; duties of Department
  197  of Health.—
  198         (5) A child is exempt from immunization requirements in
  199  subsection (3) The provisions of this section shall not apply
  200  if:
  201         (a) The parent of the child presents to the school, on a
  202  form adopted by rule of the Department of Health and made
  203  available on its website, an attestation objects in writing that
  204  the administration of immunizing agents conflicts with the
  205  parent’s his or her religious tenets or practices or conscience;
  206         (b) A physician licensed under the provisions of chapter
  207  458 or chapter 459 certifies in writing, on a form approved and
  208  provided by the Department of Health, that the child should be
  209  permanently exempt from one or more of the required
  210  immunizations immunization for medical reasons stated in
  211  writing, based upon valid clinical reasoning or evidence,
  212  demonstrating the need for the permanent exemption;
  213         (c) A physician licensed under the provisions of chapter
  214  458, chapter 459, or chapter 460 certifies in writing, on a form
  215  approved and provided by the Department of Health, that the
  216  child has received as many immunizations as are medically
  217  indicated at the time and is in the process of completing the
  218  other required necessary immunizations;
  219         (d) The Department of Health determines that, according to
  220  recognized standards of medical practice, any required
  221  immunization is unnecessary or hazardous; or
  222         (e) An authorized school official issues a temporary
  223  exemption, for up to 30 school days, to allow permit a student
  224  who transfers into a new county to attend class until his or her
  225  records can be obtained. Children and youths who are
  226  experiencing homelessness and children who are known to the
  227  department, as defined in s. 39.0016, shall be given a temporary
  228  exemption for 30 school days. The public school health nurse or
  229  authorized private school official is responsible for follow-up
  230  followup of each such student until proper documentation or
  231  immunizations are obtained. An exemption for 30 days may be
  232  issued for a student who enters a juvenile justice program to
  233  allow permit the student to attend class until his or her
  234  records can be obtained or until the immunizations can be
  235  administered obtained. An authorized juvenile justice official
  236  is responsible for follow-up followup of each student who enters
  237  a juvenile justice program until proper documentation is
  238  obtained or immunizations are administered obtained.
  239  
  240  Upon making the exemption form referenced under paragraph (a)
  241  available on its website, the Department of Health shall ensure
  242  that when the form is downloaded, such download includes, as a
  243  single document, the form and materials approved and adopted by
  244  joint rule of the Board of Medicine and the Board of Osteopathic
  245  Medicine under s. 456.0575(2)(a) relating to the role of
  246  immunizations in communicable disease prevention. This
  247  requirement shall take effect upon the adoption of the joint
  248  rule. The webpage containing the download link must also include
  249  and prominently display a link or links to the United States
  250  Centers for Disease Control and Prevention’s current Vaccine
  251  Information Statements.
  252         (9) The presence of any of the communicable diseases for
  253  which immunization is required under subsection (3) by the
  254  Department of Health in a Florida public or private school
  255  authorizes shall permit the county health department director or
  256  administrator or the State Health Officer to declare a
  257  communicable disease emergency. The declaration of such
  258  emergency must shall mandate that all students attending in
  259  attendance in the school who have not been immunized against the
  260  diseases specified in subsection (3) or related Department of
  261  Health rules are not in compliance with the provisions of this
  262  section be identified by the district school board or by the
  263  governing authority of the private school,; and the school
  264  health and immunization records of such children must shall be
  265  made available to the county health department director or
  266  administrator. Those Children who are identified as not having
  267  been being immunized against the disease for which the emergency
  268  has been declared must shall be temporarily excluded from school
  269  attendance by the district school board, or the governing
  270  authority of the private school, until such time as is specified
  271  by the county health department director or administrator
  272  declares that the communicable disease emergency has ended.
  273         Section 11. Except as otherwise expressly provided in this
  274  act and except for this section, which shall take effect upon
  275  this act becoming a law, this act shall take effect July 1,
  276  2026.
  277  
  278  ================= T I T L E  A M E N D M E N T ================
  279  And the title is amended as follows:
  280         Delete everything before the enacting clause
  281  and insert:
  282                        A bill to be entitled                      
  283         An act relating to medical freedom; providing a short
  284         title; repealing s. 9 of chapter 2023-43, Laws of
  285         Florida, as amended by chapter 2025-114, Laws of
  286         Florida, relating to the future repeal of the
  287         definition of the term “messenger ribonucleic acid
  288         vaccine”; amending s. 381.00315, F.S.; providing
  289         construction; amending s. 456.0575, F.S.; requiring
  290         certain health care practitioners and paramedics to,
  291         before administering one or more vaccines to a minor
  292         child, provide the parent or legal guardian with
  293         specified materials; requiring such practitioners and
  294         paramedics to obtain the signature of a minor child’s
  295         parent or guardian acknowledging receipt of such
  296         information; requiring health care practitioners to
  297         discuss certain information with a minor child’s
  298         parent or guardian when more than one vaccine is to be
  299         administered; authorizing a health care practitioner,
  300         at the request of the parent or guardian, to
  301         administer the vaccines to the minor child over
  302         multiple encounters; providing that specified
  303         amendments made by the act to s. 456.0575, F.S., take
  304         effect on a specified date or within a specified
  305         timeframe after the Board of Medicine and the Board of
  306         Osteopathic Medicine adopt certain materials by joint
  307         rule, whichever occurs later; requiring the boards to
  308         adopt the joint rule within a specified timeframe and
  309         immediately notify the Division of Law Revision of
  310         their adoption of the joint rule; creating ss.
  311         458.3351, 459.0156, and 464.0181, F.S.; providing
  312         certain health care practitioners immunity from civil
  313         and criminal liability and disciplinary action for
  314         prescribing or administering ivermectin to adults
  315         under certain circumstances; creating s. 465.1897,
  316         F.S.; authorizing pharmacists to provide ivermectin to
  317         adults without a prescription as a behind-the-counter
  318         medication until the United States Food and Drug
  319         Administration approves it for over-the-counter sale;
  320         requiring pharmacists to provide specified information
  321         before providing the ivermectin; providing pharmacists
  322         acting in good faith with immunity from civil and
  323         criminal liability and disciplinary action for
  324         providing ivermectin to adults; authorizing the Board
  325         of Pharmacy to adopt rules; amending s. 1003.22, F.S.;
  326         revising exemptions from school-entry immunization
  327         requirements; requiring the Department of Health to
  328         make the immunization exemption form for religious or
  329         conscience-based exemptions publicly available on its
  330         website; specifying procedures and requirements for
  331         receiving such exemptions; requiring the department to
  332         ensure that when a certain exemption form is
  333         downloaded from its website, the download includes the
  334         form and specified materials as a single document;
  335         providing that the requirement takes effect upon
  336         adoption of a specified rule; requiring that the
  337         webpage containing the download link also include and
  338         prominently display certain other links; revising
  339         requirements and procedures for declarations of a
  340         communicable disease emergency; providing effective
  341         dates.