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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 408
HEALTH CARE ADMINISTRATION
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F.S. 408.824
408.824 Facial covering requirements for health care practitioners and health care providers.
(1) As used in this section, the term:
(a) “Department” means the Department of Health.
(b) “Facial covering” means a cloth or surgical face mask, a face shield, or any other facial covering that covers the mouth and nose.
(c) “Health care practitioner” has the same meaning as in s. 456.001.
(d) “Health care provider” means a provider as defined in s. 408.803; a service provider licensed or certified under s. 393.17, part III of chapter 401, or part IV of chapter 468; a provider with an active health care clinic exemption under s. 400.9935; an optical establishment permitted under s. 484.007; a massage establishment licensed under s. 480.043; a pharmacy as defined in s. 465.003; or an office registered under s. 458.328 or s. 459.0138.
(e) “Office” means an office maintained for the practice of a health care practitioner’s profession, as provided in his or her practice act.
(2)(a) By July 1, 2023, the agency and the department shall jointly develop standards for the appropriate use of facial coverings for infection control in health care settings.
(b) The agency and the department shall adopt emergency rules for the standards developed under paragraph (a). Emergency rules adopted under this section are exempt from s. 120.54(4)(c) and shall remain in effect until replaced by rules adopted under the nonemergency rulemaking procedures of the Administrative Procedure Act.
(c) The agency and the department shall publish the standards developed under paragraph (a) on their respective websites and provide a link for persons to report violations of the standards.
(3) By August 1, 2023, each health care practitioner who owns or operates an office and each health care provider shall establish facial covering policies and procedures for their respective health care settings, if such health care practitioner or health care provider requires any individual to wear a facial covering for any reason. Such policies and procedures must comply with the standards developed under subsection (2) and must be accessible from the home page of such health care practitioner’s or health care provider’s website or conspicuously displayed in the lobby of its health care service setting or settings.
(4) Effective August 1, 2023:
(a) Health care practitioners and health care providers may not require any person to wear a facial covering for any reason unless the requirement is in accordance with the standards developed under subsection (2) and the policies and procedures established under subsection (3).
(b) A health care practitioner or a health care provider in violation of paragraph (a) or subsection (3) is subject to disciplinary action by the agency or a board as defined in s. 456.001, or the department if there is no board, as applicable.
History.s. 5, ch. 2023-43.