A package of measures signed into Florida law bans COVID-19-related vaccine and mask mandates by businesses and government entities, flying in the face of some existing state health department standards.
Gov. Ron DeSantis (R), signed several pieces of legislation dubbed “medical freedom” measures that prohibit COVID-19 testing, masking and vaccination requirements. It also prohibits mandates regarding mRNA vaccines or vaccines authorized for emergency use.
In signing the bills, DeSantis called the measures the broadest “medical conscience protections” in the country.
But senior living advocates said that provisions within the law, which goes into effect Aug. 1, are inconsistent with standards in place from the Florida Agency for Health Care Administration and the Florida Department of Health.
Included in the package of bills is SB 252, which prohibits business and government entities from requiring individuals to provide proof of vaccination or post-infection recovery from any disease in order to gain access or services. Employers also cannot refuse to hire or terminate employment, discipline, demote or discriminate against an individual solely on the basis of someone’s vaccination or immunity status.
Healthcare providers have requirements
The bill provides exceptions for healthcare providers and practitioners, as long as they meet specific requirements established by the bill, and for times when a mask is required safety equipment.
The bill creates requirements for facial covering policies and procedures in healthcare settings, obligating the state health department and Florida AHCA to develop standards for such settings by Aug. 1.
“It gives providers the flexibility to allow mask-wearing if they meet these standards and is not an outright prohibition,” LeadingAge Florida spokesman Nick Van Der Linden told McKnight’s Senior Living. “We don’t know yet what the [Florida] AHCA / DOH standard will look like, but we will be monitoring and participating in the rule development to make sure any concerns our members may raise are shared and taken into consideration.”
Employers who did not comply with SB 252 may face an administrative fine of up to $5,000 per violation and may be ordered to reinstate employees fired in violation of the bill.
Other bills in the package also provide protections for those who use alternative treatments based on moral, ethical or religious convictions. They make Florida the first state to ban “unsafe and unregulated” gain-of-function research — also known as enhanced potential pandemic pathogen research — “like the research conducted in the Wuhan lab.” Another bill provides an exemption from public records requirements for certain information relating to complaints or investigations related to businesses that violate an individual’s healthcare choices — including vaccination refusals.
