Text of FL H 1403 (2023)

HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 1 of 9 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 protections of medical conscience; 2 providing legislative findings and intent; creating s. 3 381.00321, F.S.; providing definitions; authorizing 4 health care providers and health care payors to opt 5 out of participation in or payment for certain health 6 care services by conscience-based objections without 7 discrimination or threat of adverse actions; requiring 8 a health care provider to notify a patient and the 9 provider's supervisor or employer, if applicable, when 10 the provider declines to participate in certain health 11 care services on the basis of a conscience-based 12 objection; providing for civil remedies, damages, and 13 immunity from liability; creating s. 456.61, F.S.; 14 prohibiting certain boards and the Department of 15 Health from taking disciplinary action against, or 16 denying a license to, an individual based on the use 17 of free speech based on a conscience-based objection; 18 providing for severability; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. The Legislature finds that the right of 24 conscience is central to the practice of medicine. It is the 25 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 2 of 9 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 intent of the Legislature to provide medical conscience rights 26 for health care providers and payors to ensure that they can 27 care for patients consistent with their moral, ethical, and 28 religious convictions. Further, it is the intent of the 29 Legislature that licensed health care providers and payors shall 30 be free from threat of discrimination for providing conscience- 31 based health care. 32 Section 2. Section 381.00321, Florida Statutes, is created 33 to read: 34 381.00321 Rights of conscience of health care providers 35 and health care payors.— 36 (1) DEFINITIONS.—As used in this section, the term: 37 (a) "Adverse action" means the discharge, suspension, 38 transfer, demotion, discipline, suspension, exclusion, 39 revocation of privileges, withholding of bonuses, or reduction 40 in salary or benefits; any action that may negatively impact the 41 advancement or graduation of a student, including, but not 42 limited to, the withholding of scholarship funds; or any other 43 negative action taken against a health care provider. 44 (b) "Agency" means the Agency for Health Care 45 Administration. 46 (c) "Business entity" has the same meaning as provided in 47 s. 606.03. The term also includes a charitable organization as 48 defined in s. 496.404 and a corporation not for profit as 49 defined in s. 617.01401. 50 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 3 of 9 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 (d) "Conscience-based objection" means an objection based 51 on a sincerely held religious, moral, or ethical belief. 52 Conscience with respect to entities, is determined by reference 53 to the entities' governing documents, any published ethical, 54 moral, or religious guidelines or directives, mission 55 statements, constitutions, articles of incorporation, bylaws, 56 policies, or regulations. 57 (e) "Department" means the Department of Health. 58 (f) "Educational institution" means a public or private 59 school, college, or university. 60 (g) "Governmental entity" means the state or any political 61 subdivision thereof, including the executive, legislative, and 62 judicial branches of government; the independent establishments 63 of the state, counties, municipalities, districts, authorities, 64 boards, or commissions; any agencies that are subject to chapter 65 286, including, but not limited to, the department and any 66 boards under the jurisdiction of the department. 67 (h) "Health care service" means medical procedures, 68 medical care, or medical services provided to any patient at any 69 time over the entire course of treatment, or medical research, 70 including, but not limited to, testing; diagnosis; referral; 71 dispensing or administering any drug, medication, or device; 72 psychological therapy or counseling; research; prognosis; 73 therapy; recordmaking procedures; notes related to treatment; 74 set up or performance of a surgery or procedure; or any other 75 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 4 of 9 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 or services performed or provided by any health care 76 provider. 77 (i) "Health care payor" means a health insurer, an 78 employer, a health care sharing organization, a health plan, a 79 health maintenance organization, a management services 80 organization, or any other entity that pays for, or arranges for 81 the payment of any health care service, whether such payment is 82 in whole or in part. 83 (j) "Health care provider" means: 84 1. Any person or entity licensed under chapter 394; 85 chapter 400; chapter 401; chapter 457; chapter 458; chapter 459; 86 chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; 87 chapter 465; chapter 466; chapter 467; part I, part II, part 88 III, part IV, part V, part X, part XIII, or part XIV of chapter 89 468; chapter 478; chapter 480; part I, part II, or part III of 90 chapter 483; chapter 484; chapter 486; chapter 490; or chapter 91 491; or 92 2. Any provider as defined in s. 408.803, a continuing care 93 facility licensed under chapter 651, or a pharmacy permitted 94 under chapter 465. 95 96 The term includes any student enrolled in an educational 97 institution who is seeking to become a health care provider. 98 (k) "Participate" or "participation" means to pay for or 99 take part in any way in providing or facilitating any health 100 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 5 of 9 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 service or any part of such service. 101 (2) RIGHTS OF CONSCIENCE.— 102 (a)1. A health care provider or health care payor has the 103 right to opt out of participation in or payment for any health 104 care service on the basis of a conscience-based objection. A 105 health care provider must, at the time of the conscience-based 106 objection or timely thereafter: 107 a. Provide written notification of the conscience-based 108 objection to the health care practitioner's supervisor or 109 employer, if applicable; or 110 b. Document the conscience-based objection to a particular 111 health care service in the patient's medical file. 112 2. A health care provider who is a student must provide 113 written notice of their conscience-based objection to their 114 educational institution at the time of the conscience-based 115 objection. 116 (b) The exercise of the right of medical conscience is 117 limited to conscience-based objections to a specific health care 118 service. This section may not be construed to waive or modify 119 any duty a health care provider or health care payor may have to 120 provide or pay for other health care services that do not 121 violate their rights of conscience or any duty a health care 122 provider may have to provide informed consent to a patient in 123 accordance with general law. 124 (c) A person, a governmental entity, a business entity, or 125 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 6 of 9 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 an educational institution may not discriminate against any 126 health care provider or health care payor because the health 127 care provider or health care payor declined to participate in or 128 pay for a health care service on the basis of a conscience-based 129 objection. 130 (3) SPEECH AND WHISTLEBLOWER PROTECTIONS.— 131 (a) A health care provider or health care payor may not be 132 discriminated against or suffer any adverse action in any manner 133 with respect to: 134 1. Providing or causing to be provided or intending to 135 provide or cause to be provided to their employer, the Attorney 136 General, the Department of Health, any other state agency 137 charged with protecting health care rights of conscience, the 138 United States Department of Health and Human Services, the 139 Office of Civil Rights, or any other federal agency charged with 140 protecting health care rights of conscience information relating 141 to any violation of or any act or omission the health care 142 provider reasonably believes to be a violation of any provision 143 of this act; 144 2. Testifying or intending to testify in a proceeding 145 concerning such violation; or 146 3. Assisting or participating or intending to assist or 147 participate in such a proceeding. 148 (b) Unless the disclosure is specifically prohibited by 149 law, a health care provider or health care payor may not be 150 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 7 of 9 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 discriminated against in any manner for disclosing information 151 that the health care provider reasonably believes constitutes: 152 1. A violation of any law, rule, or regulation; 153 2. A violation of any ethical guidelines for the provision 154 of any medical procedure or service; or 155 3. A practice or method of treatment that may put patient 156 health at risk or present a substantial and specific danger to 157 public health or safety. 158 (4) CIVIL REMEDIES.—A health care provider or health care 159 payor has a civil cause of action for appropriate damages, an 160 injunction, or any other appropriate relief in law or equity, 161 including reasonable attorney fees against any person, 162 governmental entity, business entity, or educational institution 163 for any violation of this act. 164 (5) IMMUNITY FROM LIABILITY.—A health care provider or 165 health care payor may not be civilly liable for declining to 166 participate in a health care service on the basis of a 167 conscience-based objection. A health care provider must comply 168 with the notice requirement of paragraph (2)(c) to avoid civil 169 liability under this section. 170 (6) EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT.—This 171 section does not override the requirement to provide emergency 172 medical treatment to all patients as set forth in the Emergency 173 Medical Treatment and Active Labor Act, 42 U.S.C. s. 1395dd. 174 Section 3. Section 456.61, Florida Statutes, is created to 175 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 8 of 9 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 read: 176 456.61 Use of free speech by a health care practitioner; 177 prohibition.— 178 (1) A board within the jurisdiction of the department, or 179 the department if there is no board, may not take disciplinary 180 action against, or deny a license to, an individual solely 181 because the individual has spoken or written publicly about a 182 health care service, including, but not limited to, speech 183 through the use of a social media platform, as defined in s. 184 501.2041, provided such individual is not providing medical 185 advice or treatment to a specific patient and provided such 186 speech does not violate of any other applicable law. 187 (2) A specialty board or other recognizing agency approved 188 by any board within the jurisdiction of the department may not 189 exclude an individual from membership solely because the 190 individual has spoken or written publicly about a health care 191 service including, but not limited to, speech through the use of 192 a social media platform, as defined in s. 501.2041, provided 193 such individual is not providing medical advice or treatment to 194 a specific patient and provided such speech does not violate any 195 other applicable law. 196 Section 4. If any provision of this act or the application 197 thereof to any person or circumstance is held invalid, the 198 invalidity does not affect other provisions or applications of 199 this act which can be given effect without the invalid provision 200 HB 1403 2023 CODING: Words stricken are deletions; words underlined are additions. hb1403-00 Page 9 of 9 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 or application, and to this end the provisions of this act are 201 severable. 202 Section 5. This act shall take effect July 1, 2023. 203