Florida Senate - 2026 SB 1756
By Senator Yarborough
4-01596F-26 20261756__
1 A bill to be entitled
2 An act relating to medical freedom; providing a short
3 title; amending s. 381.00315, F.S.; providing
4 construction; amending s. 456.0575, F.S.; requiring
5 certain health care practitioners and paramedics to,
6 before administering a vaccine to a minor child,
7 inform the parent or legal guardian of certain
8 information using materials approved and adopted by
9 joint rule of the Board of Medicine and the Board of
10 Osteopathic Medicine; requiring such practitioners and
11 paramedics to obtain the signature of a minor child’s
12 parent or guardian acknowledging receipt of such
13 information; requiring health care practitioners to
14 discuss certain information with a minor child’s
15 parent or guardian when more than one vaccine is to be
16 administered; authorizing a health care practitioner,
17 at the request of the parent or guardian, to
18 administer the vaccines to the minor child over
19 multiple encounters; providing that specified
20 amendments made by the act to s. 456.0575, F.S., take
21 effect within a specified timeframe after the Board of
22 Medicine and the Board of Osteopathic Medicine adopt
23 certain materials by joint rule; requiring the boards
24 to immediately notify the Division of Law Revision of
25 their adoption of such materials; creating s.
26 465.1897, F.S.; authorizing pharmacists to provide
27 ivermectin to adults without a prescription as a
28 behind-the-counter medication until the United States
29 Food and Drug Administration approves it for over-the
30 counter sale; requiring pharmacists to provide
31 specified information before providing the ivermectin;
32 providing pharmacists acting in good faith with
33 immunity from civil and criminal liability and
34 disciplinary action for providing ivermectin to
35 adults; authorizing the Board of Pharmacy to adopt
36 rules; amending s. 1003.22, F.S.; revising exemptions
37 from school-entry immunization requirements; requiring
38 the Department of Health to make the immunization
39 exemption form for religious or conscience-based
40 exemptions publicly available on its website;
41 specifying procedures and requirements for receiving
42 such exemptions; revising requirements and procedures
43 for declarations of a communicable disease emergency;
44 providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. This act may be cited as the “Medical Freedom
49 Act.”
50 Section 2. Paragraph (d) of subsection (2) of section
51 381.00315, Florida Statutes, is amended to read:
52 381.00315 Public health advisories; public health
53 emergencies; isolation and quarantines.—The State Health Officer
54 is responsible for declaring public health emergencies, issuing
55 public health advisories, and ordering isolation or quarantines.
56 (2)
57 (d) The State Health Officer, upon declaration of a public
58 health emergency, may take actions that are necessary to protect
59 the public health. Such actions include, but are not limited to:
60 1. Directing manufacturers of prescription drugs or over
61 the-counter drugs who are permitted under chapter 499 and
62 wholesalers of prescription drugs located in this state who are
63 permitted under chapter 499 to give priority to the shipping of
64 specified drugs to pharmacies and health care providers within
65 geographic areas identified by the State Health Officer. The
66 State Health Officer must identify the drugs to be shipped.
67 Manufacturers and wholesalers located in the state must respond
68 to the State Health Officer’s priority shipping directive before
69 shipping the specified drugs.
70 2. Notwithstanding chapters 465 and 499 and rules adopted
71 thereunder, directing pharmacists employed by the department to
72 compound bulk prescription drugs and provide these bulk
73 prescription drugs to physicians and nurses of county health
74 departments or any qualified person authorized by the State
75 Health Officer for administration to persons as part of a
76 prophylactic or treatment regimen.
77 3. Notwithstanding s. 456.036, temporarily reactivating the
78 inactive license of the following health care practitioners,
79 when such practitioners are needed to respond to the public
80 health emergency: physicians licensed under chapter 458 or
81 chapter 459; physician assistants licensed under chapter 458 or
82 chapter 459; licensed practical nurses, registered nurses, and
83 advanced practice registered nurses licensed under part I of
84 chapter 464; respiratory therapists licensed under part V of
85 chapter 468; and emergency medical technicians and paramedics
86 certified under part III of chapter 401. Only those health care
87 practitioners specified in this paragraph who possess an
88 unencumbered inactive license and who request that such license
89 be reactivated are eligible for reactivation. An inactive
90 license that is reactivated under this paragraph shall return to
91 inactive status when the public health emergency ends or before
92 the end of the public health emergency if the State Health
93 Officer determines that the health care practitioner is no
94 longer needed to provide services during the public health
95 emergency. Such licenses may only be reactivated for a period
96 not to exceed 90 days without meeting the requirements of s.
97 456.036 or chapter 401, as applicable.
98 4. Ordering an individual to be examined, tested, treated,
99 isolated, or quarantined for communicable diseases that have
100 significant morbidity or mortality and present a severe danger
101 to public health. Individuals who are unable or unwilling to be
102 examined, tested, or treated for reasons of health, religion, or
103 conscience may be subjected to isolation or quarantine. For the
104 purposes of this subparagraph, the State Health Officer′s
105 authority to treat or order treatment does not include the
106 authority to order a vaccination.
107 a. Examination, testing, or treatment may be performed by
108 any qualified person authorized by the State Health Officer.
109 b. If the individual poses a danger to the public health,
110 the State Health Officer may subject the individual to isolation
111 or quarantine. If there is no practical method to isolate or
112 quarantine the individual, the State Health Officer may use any
113 means necessary to treat the individual.
114 c. Any order of the State Health Officer given to
115 effectuate this paragraph is immediately enforceable by a law
116 enforcement officer under s. 381.0012.
117 Section 3. Section 456.0575, Florida Statutes, is amended
118 to read:
119 456.0575 Duty to notify patients.—
120 (1) ADVERSE INCIDENTS.—A Every licensed health care
121 practitioner shall inform each patient, or an individual
122 identified pursuant to s. 765.401(1), in person about adverse
123 incidents that result in serious harm to the patient.
124 Notification of outcomes of care that result in harm to the
125 patient under this section does not constitute an acknowledgment
126 of admission of liability, nor can such notifications be
127 introduced as evidence.
128 (2) VACCINATIONS OF MINORS.—
129 (a) Each health care practitioner authorized by law to
130 administer vaccines, and each paramedic acting pursuant to s.
131 401.272, shall, before administering a vaccine to a minor child,
132 provide the parent or guardian with information on the risks,
133 benefits, safety, and efficacy of each vaccine being
134 administered, using materials approved and adopted by joint rule
135 of the Board of Medicine and the Board of Osteopathic Medicine.
136 (b) Before administering a vaccine or vaccines to a minor
137 child, the health care practitioner or paramedic must obtain the
138 signature of the parent or guardian acknowledging receipt of the
139 information required under paragraph (a).
140 (c) When more than one vaccine is to be administered, the
141 health care practitioner shall discuss the timing of multiple
142 vaccinations with the child′s parent or guardian and the
143 parent’s or guardian’s options for such timing before
144 administering the initial vaccination. At the request of the
145 parent or guardian, such a health care practitioner may
146 administer vaccines to the minor child over multiple encounters.
147 (3) GOOD FAITH ESTIMATE OF CHARGES.—Upon request by a
148 patient, before providing nonemergency medical services in a
149 facility licensed under chapter 395, a health care practitioner
150 shall provide, in writing or by electronic means, a good faith
151 estimate of reasonably anticipated charges to treat the
152 patient’s condition at the facility. The health care
153 practitioner shall provide the estimate to the patient within 7
154 business days after receiving the request and is not required to
155 adjust the estimate for any potential insurance coverage. The
156 health care practitioner shall inform the patient that the
157 patient may contact his or her health insurer or health
158 maintenance organization for additional information concerning
159 cost-sharing responsibilities. The health care practitioner
160 shall provide information to uninsured patients and insured
161 patients for whom the practitioner is not a network provider or
162 preferred provider which discloses the practitioner’s financial
163 assistance policy, including the application process, payment
164 plans, discounts, or other available assistance, and the
165 practitioner’s charity care policy and collection procedures.
166 Such estimate does not preclude the actual charges from
167 exceeding the estimate. Failure to provide the estimate in
168 accordance with this subsection, without good cause, shall
169 result in disciplinary action against the health care
170 practitioner and a daily fine of $500 until the estimate is
171 provided to the patient. The total fine may not exceed $5,000.
172 Section 4. The amendments made by this act to s.
173 456.0575(2)(a) and (b), Florida Statutes, relating to
174 information that must be provided to parents or guardians before
175 the administration of a vaccination to a minor are effective 30
176 days after the Board of Medicine and the Board of Osteopathic
177 Medicine adopt by joint rule the informational materials as
178 required under that subsection. The Board of Medicine and the
179 Board of Osteopathic Medicine shall notify the Division of Law
180 Revision immediately upon their adoption of such materials.
181 Section 5. Section 465.1897, Florida Statutes, is created
182 to read:
183 465.1897 Sale of ivermectin without a prescription.—
184 (1) A pharmacist may provide ivermectin to a person 18
185 years of age or older without a prescription as a behind-the
186 counter medication until the United States Food and Drug
187 Administration approves it for over-the-counter sale.
188 (2) Before providing ivermectin under this section, the
189 pharmacist shall provide the person with written information
190 regarding the indications and contraindications for ivermectin,
191 the appropriate dosage, and the need to seek follow-up care from
192 the person’s primary care physician.
193 (3) A pharmacist acting in good faith is immune from civil
194 or criminal liability or disciplinary action for providing
195 ivermectin to an adult in accordance with this section.
196 (4) The board may adopt rules to implement this section.
197 Section 6. Subsections (5) and (9) of section 1003.22,
198 Florida Statutes, are amended to read:
199 1003.22 School-entry health examinations; immunization
200 against communicable diseases; exemptions; duties of Department
201 of Health.—
202 (5) A child is exempt from immunization requirements in
203 subsection (3) The provisions of this section shall not apply
204 if:
205 (a) The parent of the child presents to the school, on a
206 form approved and provided by the Department of Health and made
207 available on its website, an attestation objects in writing that
208 the administration of immunizing agents conflicts with the
209 parent’s his or her religious tenets or practices or conscience;
210 (b) A physician licensed under the provisions of chapter
211 458 or chapter 459 certifies in writing, on a form approved and
212 provided by the Department of Health, that the child should be
213 permanently exempt from one or more of the required
214 immunizations immunization for medical reasons stated in
215 writing, based upon valid clinical reasoning or evidence,
216 demonstrating the need for the permanent exemption;
217 (c) A physician licensed under the provisions of chapter
218 458, chapter 459, or chapter 460 certifies in writing, on a form
219 approved and provided by the Department of Health, that the
220 child has received as many immunizations as are medically
221 indicated at the time and is in the process of completing the
222 other required necessary immunizations;
223 (d) The Department of Health determines that, according to
224 recognized standards of medical practice, any required
225 immunization is unnecessary or hazardous; or
226 (e) An authorized school official issues a temporary
227 exemption, for up to 30 school days, to allow permit a student
228 who transfers into a new county to attend class until his or her
229 records can be obtained. Children and youths who are
230 experiencing homelessness and children who are known to the
231 department, as defined in s. 39.0016, shall be given a temporary
232 exemption for 30 school days. The public school health nurse or
233 authorized private school official is responsible for follow-up
234 followup of each such student until proper documentation or
235 immunizations are obtained. An exemption for 30 days may be
236 issued for a student who enters a juvenile justice program to
237 allow permit the student to attend class until his or her
238 records can be obtained or until the immunizations can be
239 administered obtained. An authorized juvenile justice official
240 is responsible for follow-up followup of each student who enters
241 a juvenile justice program until proper documentation is
242 obtained or immunizations are administered obtained.
243 (9) The presence of any of the communicable diseases for
244 which immunization is required under subsection (3) by the
245 Department of Health in a Florida public or private school
246 authorizes shall permit the county health department director or
247 administrator or the State Health Officer to declare a
248 communicable disease emergency. The declaration of such
249 emergency must shall mandate that all students attending in
250 attendance in the school who have not been immunized against the
251 diseases specified in subsection (3) or related Department of
252 Health rules are not in compliance with the provisions of this
253 section be identified by the district school board or by the
254 governing authority of the private school,; and the school
255 health and immunization records of such children must shall be
256 made available to the county health department director or
257 administrator. Those Children who are identified as not having
258 been being immunized against the disease for which the emergency
259 has been declared must shall be temporarily excluded from school
260 attendance by the district school board, or the governing
261 authority of the private school, until such time as is specified
262 by the county health department director or administrator
263 declares that the communicable disease emergency has ended.
264 Section 7. This act shall take effect July 1, 2026.