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
HB 6003 2021
1 A bill to be entitled
2 An act relating to vaccinations during public health
3 emergencies; amending s. 381.00315, F.S.; removing the
4 authority of the State Health Officer to order
5 vaccinations upon declaration of a public health
6 emergency; revising a requirement that the Department
7 of Health adopt certain rules; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (c) of subsection (1) and paragraph
13 (c) of subsection (5) of section 381.00315, Florida Statutes,
14 are amended to read:
15 381.00315 Public health advisories; public health
16 emergencies; isolation and quarantines.—The State Health Officer
17 is responsible for declaring public health emergencies, issuing
18 public health advisories, and ordering isolation or quarantines.
19 (1) As used in this section, the term:
20 (c) "Public health emergency" means any occurrence, or
21 threat thereof, whether natural or manmade, which results or may
22 result in substantial injury or harm to the public health from
23 infectious disease, chemical agents, nuclear agents, biological
24 toxins, or situations involving mass casualties or natural
25 disasters. Before declaring a public health emergency, the State
Page 1 of 5
CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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
HB 6003 2021
26 Health Officer shall, to the extent possible, consult with the
27 Governor and shall notify the Chief of Domestic Security. The
28 declaration of a public health emergency shall continue until
29 the State Health Officer finds that the threat or danger has
30 been dealt with to the extent that the emergency conditions no
31 longer exist and he or she terminates the declaration. However,
32 a declaration of a public health emergency may not continue for
33 longer than 60 days unless the Governor concurs in the renewal
34 of the declaration. The State Health Officer, upon declaration
35 of a public health emergency, may take actions that are
36 necessary to protect the public health. Such actions include,
37 but are not limited to:
38 1. Directing manufacturers of prescription drugs or over-
39 the-counter drugs who are permitted under chapter 499 and
40 wholesalers of prescription drugs located in this state who are
41 permitted under chapter 499 to give priority to the shipping of
42 specified drugs to pharmacies and health care providers within
43 geographic areas that have been identified by the State Health
44 Officer. The State Health Officer must identify the drugs to be
45 shipped. Manufacturers and wholesalers located in the state must
46 respond to the State Health Officer's priority shipping
47 directive before shipping the specified drugs.
48 2. Notwithstanding chapters 465 and 499 and rules adopted
49 thereunder, directing pharmacists employed by the department to
50 compound bulk prescription drugs and provide these bulk
Page 2 of 5
CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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
HB 6003 2021
51 prescription drugs to physicians and nurses of county health
52 departments or any qualified person authorized by the State
53 Health Officer for administration to persons as part of a
54 prophylactic or treatment regimen.
55 3. Notwithstanding s. 456.036, temporarily reactivating
56 the inactive license of the following health care practitioners,
57 when such practitioners are needed to respond to the public
58 health emergency: physicians licensed under chapter 458 or
59 chapter 459; physician assistants licensed under chapter 458 or
60 chapter 459; licensed practical nurses, registered nurses, and
61 advanced practice registered nurses licensed under part I of
62 chapter 464; respiratory therapists licensed under part V of
63 chapter 468; and emergency medical technicians and paramedics
64 certified under part III of chapter 401. Only those health care
65 practitioners specified in this paragraph who possess an
66 unencumbered inactive license and who request that such license
67 be reactivated are eligible for reactivation. An inactive
68 license that is reactivated under this paragraph shall return to
69 inactive status when the public health emergency ends or before
70 the end of the public health emergency if the State Health
71 Officer determines that the health care practitioner is no
72 longer needed to provide services during the public health
73 emergency. Such licenses may only be reactivated for a period
74 not to exceed 90 days without meeting the requirements of s.
75 456.036 or chapter 401, as applicable.
Page 3 of 5
CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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
HB 6003 2021
76 4. Ordering an individual to be examined, tested,
77 vaccinated, treated, isolated, or quarantined for communicable
78 diseases that have significant morbidity or mortality and
79 present a severe danger to public health. Individuals who are
80 unable or unwilling to be examined, tested, vaccinated, or
81 treated for reasons of health, religion, or conscience may be
82 subjected to isolation or quarantine.
83 a. Examination, testing, vaccination, or treatment may be
84 performed by any qualified person authorized by the State Health
85 Officer.
86 b. If the individual poses a danger to the public health,
87 the State Health Officer may subject the individual to isolation
88 or quarantine. If there is no practical method to isolate or
89 quarantine the individual, the State Health Officer may use any
90 means necessary to vaccinate or treat the individual.
91
92 Any order of the State Health Officer given to effectuate this
93 paragraph shall be immediately enforceable by a law enforcement
94 officer under s. 381.0012.
95 (5) The department shall adopt rules to specify the
96 conditions and procedures for imposing and releasing an
97 isolation or a quarantine. The rules must include provisions
98 related to:
99 (c) The tests or treatment, including vaccination, for
100 communicable disease required before employment or admission to
Page 4 of 5
CODING: Words stricken are deletions; words underlined are additions.
hb6003-00
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
HB 6003 2021
101 the premises or to comply with an isolation or a quarantine.
102 Section 2. This act shall take effect July 1, 2021.
Page 5 of 5
CODING: Words stricken are deletions; words underlined are additions.
hb6003-00