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HB 917 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to health care; providing a short 2
title; repealing s. 1 of chapter 2025-114, Laws of 3
Florida, and s. 9 of chapter 2023-43, Laws of Florida, 4
relating to the repeal of the definition of the term 5
"messenger ribonucleic acid vaccine" by a specified 6
date; amending s. 381.00315, F.S.; defining the term 7
"treat," "treated," and "treatment"; amending s. 8
381.026, F.S.; prohibiting discrimination against a 9
patient based on the patient's vaccination status; 10
amending s. 456.072, F.S.; revising the list of acts 11
that constitute grounds for disciplinary actions for 12
health care practitioners; amending s. 456.0575, F.S.; 13
requiring licensed health care practitioners to inform 14
the parent or legal guardian of a minor child of the 15
risks, benefits, safety, and efficacy of specified 16
vaccines, obtain a signature from the parent or legal 17
guardian before the administration of the vaccine, and 18
provide the parent or legal guardian with the option 19
of an alternative vaccination schedule; creating s. 20
465.1897, F.S.; authorizing a pharmacist to provide 21
ivermectin without a prescription under certain 22
circumstances; requiring the pharmacist to provide 23
specified information to the patient; providing 24
pharmacists with immunity from civil and criminal 25
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liability and disciplinary action under certain 26
circumstances; authorizing the Board of Pharmacy to 27
adopt rules; amending s. 1003.22, F.S.; authorizing a 28
parent to exempt their child from a health examination 29
or from the administration of immunizing agents based 30
on conscience grounds; requiring the Department of 31
Health to make publicly available, by posting on its 32
Internet website, an exemption form for parents and 33
legal guardians; providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. This act may be cited as the "Health Care 38
Medical Freedom Act." 39
Section 2. Section 9 of chapter 2023-43, Laws of Florida, 40
as amended by section 1 of chapter 2025-114, Laws of Florida, is 41
repealed. 42
Section 3. Paragraph (e) is added to subsection (1) of 43
section 381.00315, Florida Statutes, to read: 44
381.00315 Public health advisories; public health 45
emergencies; isolation and quarantines.—The State Health Officer 46
is responsible for declaring public health emergencies, issuing 47
public health advisories, and ordering isolation or quarantines. 48
(1) As used in this section, the term: 49
(e) "Treat," "treated," and "treatment" do not include the 50
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administration of vaccinations. 51
Section 4. Subsection (3), paragraphs (b) and (d) of 52
subsection (4), and subsection (6) of section 381.026, Florida 53
Statutes, are amended to read: 54
381.026 Florida Patient's Bill of Rights and 55
Responsibilities.— 56
(3) PURPOSE.—It is the purpose of this section to promote 57
the interests and well-being of the patients of health care 58
providers and health care facilities and to promote better 59
communication between the patient and the health care provider. 60
It is the intent of the Legislature that health care providers 61
understand their responsibility to give their patients a general 62
understanding of the procedures to be performed on them and to 63
provide information pertaining to their health care so that they 64
may make decisions in an informed manner after considering the 65
information relating to their condition, the available treatment 66
alternatives, and substantial risks and hazards inherent in the 67
treatments. It is the intent of the Legislature that patients 68
have a general understanding of their responsibilities toward 69
health care providers and health care facilities. It is the 70
intent of the Legislature that the provision of such information 71
to a patient eliminate potential misunderstandings between 72
patients and health care providers. It is a public policy of the 73
state that the interests of patients be recognized in a 74
patient's bill of rights and responsibilities and that a health 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
care facility or health care provider may not require a patient 76
to waive his or her rights as a condition of treatment. Unless 77
otherwise provided by law, this section may shall not be used 78
for any purpose in any civil or administrative action and 79
neither expands nor limits any rights or remedies provided under 80
any other law. 81
(4) RIGHTS OF PATIENTS.—Each health care facility or 82
provider shall observe the following standards: 83
(b) Information.— 84
1. A patient has the right to know the name, function, and 85
qualifications of each health care provider who is providing 86
medical services to the patient. A patient may request such 87
information from his or her responsible provider or the health 88
care facility in which he or she is receiving medical services. 89
2. A patient in a health care facility has the right to 90
know what patient support services are available in the 91
facility. 92
3. A patient has the right to be given by his or her 93
health care provider information concerning diagnosis, planned 94
course of treatment, alternatives, risks, and prognosis, unless 95
it is medically inadvisable or impossible to give this 96
information to the patient, in which case the information must 97
be given to the patient's guardian or a person designated as the 98
patient's representative. A patient has the right to refuse this 99
information. 100
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4. A patient has the right to refuse any treatment based 101
on information required by this paragraph, except as otherwise 102
provided by law. The responsible provider shall document any 103
such refusal. 104
5. A patient in a health care facility has the right to 105
know what facility rules and regulations apply to patient 106
conduct. 107
6. A patient has the right to express grievances to a 108
health care provider, a health care facility, or the appropriate 109
state licensing agency regarding alleged violations of patients' 110
rights. A patient has the right to know the health care 111
provider's or health care facility's procedures for expressing a 112
grievance. 113
7. A patient in a health care facility who does not speak 114
English has the right to be provided an interpreter when 115
receiving medical services if the facility has a person readily 116
available who can interpret on behalf of the patient. 117
8. A health care provider or health care facility shall 118
respect a patient's right to privacy and should refrain from 119
making a written inquiry or asking questions concerning the 120
ownership of a firearm or ammunition by the patient or by a 121
family member of the patient, or the presence of a firearm in a 122
private home or other domicile of the patient or a family member 123
of the patient. Notwithstanding this provision, a health care 124
provider or health care facility that in good faith believes 125
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that this information is relevant to the patient's medical care 126
or safety, or safety of others, may make such a verbal or 127
written inquiry. 128
9. A patient may decline to answer or provide any 129
information regarding ownership of a firearm by the patient or a 130
family member of the patient, or the presence of a firearm in 131
the domicile of the patient or a family member of the patient. A 132
patient's decision not to answer a question relating to the 133
presence or ownership of a firearm does not alter existing law 134
regarding a physician's authorization to choose his or her 135
patients. 136
10. A health care provider or health care facility may not 137
discriminate against a patient based solely upon the patient's 138
exercise of the constitutional right to own and possess firearms 139
or ammunition. 140
11. A health care provider or health care facility shall 141
respect a patient's legal right to own or possess a firearm and 142
should refrain from unnecessarily harassing a patient about 143
firearm ownership during an examination. 144
12. A health care provider or health care facility may not 145
discriminate against a patient based upon the patient's 146
vaccination status. 147
(d) Access to health care.— 148
1. A patient has the right to impartial access to medical 149
treatment or accommodations, regardless of race, national 150
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origin, religion, handicap, vaccination status, or source of 151
payment. 152
2. A patient has the right to treatment for any emergency 153
medical condition that will deteriorate from failure to provide 154
such treatment. 155
3. A patient has the right to access any mode of treatment 156
that is, in his or her own judgment and the judgment of his or 157
her health care practitioner, in the best interests of the 158
patient, including complementary or alternative health care 159
treatments, in accordance with the provisions of s. 456.41. 160
(6) SUMMARY OF RIGHTS AND RESPONSIBILITIES.—Any health 161
care provider who treats a patient in an office or any health 162
care facility licensed under chapter 395 that provides emergency 163
services and care or outpatient services and care to a patient, 164
or admits and treats a patient, shall adopt and make available 165
to the patient, in writing, a statement of the rights and 166
responsibilities of patients, including the following: 167
SUMMARY OF THE FLORIDA PATIENT'S BILL 168
OF RIGHTS AND RESPONSIBILITIES 169
Florida law requires that your health care provider or 170
health care facility recognize your rights while you are 171
receiving medical care and that you respect the health care 172
provider's or health care facility's right to expect certain 173
behavior on the part of patients. You may request a copy of the 174
full text of this law from your health care provider or health 175
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care facility. A summary of your rights and responsibilities 176
follows: 177
A patient has the right to be treated with courtesy and 178
respect, with appreciation of his or her individual dignity, and 179
with protection of his or her need for privacy. 180
A patient has the right to a prompt and reasonable response 181
to questions and requests. 182
A patient has the right to know who is providing medical 183
services and who is responsible for his or her care. 184
A patient has the right to know what patient support 185
services are available, including whether an interpreter is 186
available if he or she does not speak English. 187
A patient has the right to bring any person of his or her 188
choosing to the patient-accessible areas of the health care 189
facility or provider's office to accompany the patient while the 190
patient is receiving inpatient or outpatient treatment or is 191
consulting with his or her health care provider, unless doing so 192
would risk the safety or health of the patient, other patients, 193
or staff of the facility or office or cannot be reasonably 194
accommodated by the facility or provider. 195
A patient has the right to know what rules and regulations 196
apply to his or her conduct. 197
A patient has the right to be given by the health care 198
provider information concerning diagnosis, planned course of 199
treatment, alternatives, risks, and prognosis. 200
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A patient has the right to refuse any treatment, except as 201
otherwise provided by law. 202
A patient has the right to be given, upon request, full 203
information and necessary counseling on the availability of 204
known financial resources for his or her care. 205
A patient who is eligible for Medicare has the right to 206
know, upon request and in advance of treatment, whether the 207
health care provider or health care facility accepts the 208
Medicare assignment rate. 209
A patient has the right to receive, upon request, prior to 210
treatment, a reasonable estimate of charges for medical care. 211
A patient has the right to receive a copy of a reasonably 212
clear and understandable, itemized bill and, upon request, to 213
have the charges explained. 214
A patient has the right to impartial access to medical 215
treatment or accommodations, regardless of race, national 216
origin, religion, handicap, vaccination status, or source of 217
payment. 218
A patient has the right to treatment for any emergency 219
medical condition that will deteriorate from failure to provide 220
treatment. 221
A patient has the right to know if medical treatment is for 222
purposes of experimental research and to give his or her consent 223
or refusal to participate in such experimental research. 224
A patient has the right to express grievances regarding any 225
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violation of his or her rights, as stated in Florida law, 226
through the grievance procedure of the health care provider or 227
health care facility which served him or her and to the 228
appropriate state licensing agency. 229
A patient is responsible for providing to the health care 230
provider, to the best of his or her knowledge, accurate and 231
complete information about present complaints, past illnesses, 232
hospitalizations, medications, and other matters relating to his 233
or her health. 234
A patient is responsible for reporting unexpected changes 235
in his or her condition to the health care provider. 236
A patient is responsible for reporting to the health care 237
provider whether he or she comprehends a contemplated course of 238
action and what is expected of him or her. 239
A patient is responsible for following the treatment plan 240
recommended by the health care provider. 241
A patient is responsible for keeping appointments and, when 242
he or she is unable to do so for any reason, for notifying the 243
health care provider or health care facility. 244
A patient is responsible for his or her actions if he or 245
she refuses treatment or does not follow the health care 246
provider's instructions. 247
A patient is responsible for assuring that the financial 248
obligations of his or her health care are fulfilled as promptly 249
as possible. 250
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A patient is responsible for following health care facility 251
rules and regulations affecting patient care and conduct. 252
Section 5. Subsection (2) of section 456.0575, Florida 253
Statutes, is renumbered as subsection (5), and new subsections 254
(2), (3), and (4) are added to that section, to read: 255
456.0575 Duty to notify patients, parents, or legal 256
guardians.— 257
(2) Each licensed health care practitioner authorized by 258
law to administer vaccines, and paramedics acting pursuant to s. 259
401.272, shall inform the parent or legal guardian of a minor 260
child under the age of 18 of the unique risks, benefits, safety, 261
and efficacy of each vaccine included on the Centers for Disease 262
Control and Prevention's Child and Adolescent Immunization 263
Schedule, using materials jointly approved by the Board of 264
Medicine and Board of Osteopathic Medicine. 265
(3) Each licensed health care practitioner shall obtain a 266
signature from the parent or guardian of a minor child under the 267
age of 18 that acknowledges receipt of the materials before the 268
administration of the vaccine. 269
(4) Each licensed health care practitioner authorized by 270
law to administer vaccines shall provide the parent or guardian 271
of a minor child under the age of 18 the option of following 272
alternative vaccination schedules that may consist of not more 273
than one injection or oral administration at each encounter. 274
Section 6. Paragraph (u) of subsection (1) of section 275
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456.072, Florida Statutes, is amended to read: 276
456.072 Grounds for discipline; penalties; enforcement.— 277
(1) The following acts shall constitute grounds for which 278
the disciplinary actions specified in subsection (2) may be 279
taken: 280
(u) Failing to comply with the requirements of s. 281
381.026(4)(b)12. prohibiting discrimination based on a patient's 282
vaccination status or ss. 381.026 and 381.0261 to provide 283
patients with information about their patient rights and how to 284
file a patient complaint. 285
Section 7. Section 465.1897, Florida Statutes, is created 286
to read: 287
465.1897 Sale of ivermectin without a prescription.— 288
(1) A pharmacist may provide ivermectin to a person 289
without a prescription from a licensed health care practitioner 290
as a behind-the-counter medication until it is approved as an 291
over-the-counter medication by the United States Food and Drug 292
Administration. 293
(2) The pharmacist shall provide written information that 294
includes, but is not limited to, the indications and 295
contraindications for use of ivermectin, the appropriate dosage 296
for using ivermectin, and information advising the patient to 297
seek follow-up care from his or her primary care physician. 298
(3) A pharmacist acting in good faith is immune from civil 299
or criminal liability or disciplinary action for providing 300
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ivermectin in accordance with this section. 301
(4) The board may adopt rules necessary to implement this 302
section. 303
Section 8. Subsection (1) and paragraph (a) of subsection 304
(5) of section 1003.22, Florida Statutes, are amended to read: 305
1003.22 School-entry health examinations; immunization 306
against communicable diseases; exemptions; duties of Department 307
of Health.— 308
(1) Each district school board and the governing authority 309
of each private school shall require that each child who is 310
entitled to admittance to kindergarten, or is entitled to any 311
other initial entrance into a public or private school in this 312
state, present a certification of a school-entry health 313
examination performed within 1 year before enrollment in school. 314
Each district school board, and the governing authority of each 315
private school, may establish a policy that permits a student up 316
to 30 school days to present a certification of a school-entry 317
health examination. Children and youths who are experiencing 318
homelessness and children who are known to the department, as 319
defined in s. 39.0016, shall be given a temporary exemption for 320
30 school days. Any district school board that establishes such 321
a policy shall include provisions in its local school health 322
services plan to assist students in obtaining the health 323
examinations. However, a child shall be exempted from the 324
requirement of a health examination upon written request of the 325
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parent of the child stating objections to the examination on 326
religious grounds or conscience. 327
(5) The provisions of this section shall not apply if: 328
(a)1. The parent of the child objects in writing that the 329
administration of immunizing agents conflicts with his or her 330
religious tenets or practices or conscience. 331
2. The Department of Health shall make publicly available, 332
by posting on its Internet website, an exemption form for 333
parents and legal guardians; 334
Section 9. This act shall take effect July 1, 2026. 335