HB 6009

Legislation progress

Became Law

Summary of Legislation

Removes authority of State Health Officer to order vaccination of individuals upon declaration of public health emergency; revises requirement that DOH adopt certain rules.

Our Overall Evaluation


I'm evaluating this up because even though a very similar bill was passed in 2021 special session, it was re-introduced for what I believe is to allow amendments further to this. This is current law 381.00315 and is scratching "vaccine" from the law, however much more work has to be done with this. Being it was introduced, is is open to amendments, therefore holes such as removing or re-defining "Treatments" "Isolation" and "Quarantine" need to be revised or scratched as well.

How it Affects the Medical Freedom Framework

MFA Article MFA Title Score vs. MFA Comment
1 MFA-01-Unwanted Medical Procedures -4
2 MFA-02-Access to Treatment 0
3 MFA-03-Emergency Production 0
4 MFA-04-Free Speech Protection -2
5 MFA-05-Informed Consent 0
6 MFA-06-Product Treatment and Safety 0
7 MFA-07-Predatory Business Practices 0
8 MFA-08-CFA/FDA/NIH Reform 0
9 MFA-09-Patient Centric Care 0
10 MFA-10-Protections for Medical Professions 2
11 MFA-11-Medical Manufacturing 0
12 MFA-12-Civil Liberties Protections 0
13 MFA-13-Financial Protections 0
14 MFA-14-Limits to Government Power -4
15 MFA-15-Qualified Immunity 0
16 MFA-16-Protected Medical Class -1
17 MFA-17-Privacy Protections 0
18 MFA-18-Criminal Penalties 0
19 MFA-19-Medical Experiments & Research Protections 0
20 MFA-20-Military 0
21 MFA-21-Medical Information Technology 0
22 MFA-22-Employee Protection 0
23 MFA-23-Consumer Protections 0
24 MFA-24-Healthcare Provider Education 0
25 MFA-25-Definitions 0
26 MFA-26-Scope 0

Complete Legislation Text

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 the 5 vaccination of individuals upon declaration of a 6 public health emergency; revising a requirement that 7 the Department of Health adopt certain rules; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (d) of subsection (2) 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 (2) 20 (d) The State Health Officer, upon declaration of a public 21 health emergency, may take actions that are necessary to protect 22 the public health. Such actions include, but are not limited to: 23 1. Directing manufacturers of prescription drugs or over24 the-counter drugs who are permitted under chapter 499 and 25 wholesalers of prescription drugs located in this state who are HB 6009 2022 CODING: Words stricken are deletions; words underlined are additions. hb6009-00 Page 2 of 4 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 26 permitted under chapter 499 to give priority to the shipping of 27 specified drugs to pharmacies and health care providers within 28 geographic areas identified by the State Health Officer. The 29 State Health Officer must identify the drugs to be shipped. 30 Manufacturers and wholesalers located in the state must respond 31 to the State Health Officer's priority shipping directive before 32 shipping the specified drugs. 33 2. Notwithstanding chapters 465 and 499 and rules adopted 34 thereunder, directing pharmacists employed by the department to 35 compound bulk prescription drugs and provide these bulk 36 prescription drugs to physicians and nurses of county health 37 departments or any qualified person authorized by the State 38 Health Officer for administration to persons as part of a 39 prophylactic or treatment regimen. 40 3. Notwithstanding s. 456.036, temporarily reactivating 41 the inactive license of the following health care practitioners, 42 when such practitioners are needed to respond to the public 43 health emergency: physicians licensed under chapter 458 or 44 chapter 459; physician assistants licensed under chapter 458 or 45 chapter 459; licensed practical nurses, registered nurses, and 46 advanced practice registered nurses licensed under part I of 47 chapter 464; respiratory therapists licensed under part V of 48 chapter 468; and emergency medical technicians and paramedics 49 certified under part III of chapter 401. Only those health care 50 practitioners specified in this paragraph who possess an HB 6009 2022 CODING: Words stricken are deletions; words underlined are additions. hb6009-00 Page 3 of 4 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 51 unencumbered inactive license and who request that such license 52 be reactivated are eligible for reactivation. An inactive 53 license that is reactivated under this paragraph shall return to 54 inactive status when the public health emergency ends or before 55 the end of the public health emergency if the State Health 56 Officer determines that the health care practitioner is no 57 longer needed to provide services during the public health 58 emergency. Such licenses may only be reactivated for a period 59 not to exceed 90 days without meeting the requirements of s. 60 456.036 or chapter 401, as applicable. 61 4. Ordering an individual to be examined, tested, 62 vaccinated, treated, isolated, or quarantined for communicable 63 diseases that have significant morbidity or mortality and 64 present a severe danger to public health. Individuals who are 65 unable or unwilling to be examined, tested, vaccinated, or 66 treated for reasons of health, religion, or conscience may be 67 subjected to isolation or quarantine. 68 a. Examination, testing, vaccination, or treatment may be 69 performed by any qualified person authorized by the State Health 70 Officer. 71 b. If the individual poses a danger to the public health, 72 the State Health Officer may subject the individual to isolation 73 or quarantine. If there is no practical method to isolate or 74 quarantine the individual, the State Health Officer may use any 75 means necessary to vaccinate or treat the individual. HB 6009 2022 CODING: Words stricken are deletions; words underlined are additions. hb6009-00 Page 4 of 4 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 76 c. Any order of the State Health Officer given to 77 effectuate this paragraph is immediately enforceable by a law 78 enforcement officer under s. 381.0012. 79 (5) The department shall adopt rules to specify the 80 conditions and procedures for imposing and releasing an 81 isolation or a quarantine. The rules must include provisions 82 related to: 83 (c) The tests or treatment, including vaccination, for 84 communicable disease required before employment or admission to 85 the premises or to comply with an isolation or a quarantine. 86 Section 2. This act shall take effect July 1, 2022.