S 6

Florida Senate - 2026  SB 6-D
By Senator Yarborough
4-00005-26D  20266D__
1A bill to be entitled
2An act relating to medical freedom; providing a short
3title; repealing s. 9 of chapter 2023-43, Laws of
4Florida, as amended by chapter 2025-114, Laws of
5Florida, relating to the future repeal of the
6definition of the term “messenger ribonucleic acid
7vaccine”; amending s. 381.00315, F.S.; providing
8construction; amending s. 456.054, F.S.; prohibiting a
9vaccine manufacturer from offering or paying, and a
10health care practitioner from receiving, specified
11financial incentives for the administration of a
12vaccine; providing a penalty; amending s. 456.0575,
13F.S.; requiring certain health care practitioners and
14paramedics to, before administering one or more
15vaccines to a minor child, provide the parent or legal
16guardian with specified materials; requiring such
17practitioners and paramedics to obtain the signature
18of a minor child’s parent or guardian acknowledging
19receipt of such information; requiring health care
20practitioners to discuss certain information with a
21minor child’s parent or guardian when more than one
22vaccine is to be administered; authorizing a health
23care practitioner, at the request of the parent or
24guardian, to administer the vaccines to the minor
25child over multiple encounters; providing that
26specified amendments made by the act to s. 456.0575,
27F.S., take effect on a specified date or within a
28specified timeframe after the Board of Medicine and
29the Board of Osteopathic Medicine adopt certain
30materials by joint rule, whichever occurs later;
31requiring the boards to adopt the joint rule within a
32specified timeframe and immediately notify the
33Division of Law Revision of their adoption of the
34joint rule; creating ss. 458.3351, 459.0156, and
35464.0181, F.S.; providing certain health care
36practitioners immunity from civil and criminal
37liability and disciplinary action for prescribing or
38administering ivermectin to adults under certain
39circumstances; creating s. 465.1897, F.S.; authorizing
40pharmacists to provide ivermectin to adults without a
41prescription as a behind-the-counter medication until
42the United States Food and Drug Administration
43approves it for over-the-counter sale; requiring
44pharmacists to provide specified information before
45providing the ivermectin; providing pharmacists acting
46in good faith with immunity from civil and criminal
47liability and disciplinary action for providing
48ivermectin to adults; authorizing the Board of
49Pharmacy to adopt rules; amending s. 1003.22, F.S.;
50revising exemptions from school-entry immunization
51requirements; requiring the Department of Health to
52make the immunization exemption form for religious or
53conscience-based exemptions publicly available on its
54website; specifying procedures and requirements for
55receiving such exemptions; requiring the department to
56ensure that when a certain exemption form is
57downloaded from its website, the download includes the
58form and specified materials as a single document;
59providing that the requirement takes effect upon
60adoption of a specified rule; requiring that the web
61page containing the download link also include and
62prominently display certain other links; revising
63requirements and procedures for declarations of a
64communicable disease emergency; providing effective
65dates.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69Section 1. This act may be cited as the “Medical Freedom
70Act.”
71Section 2. Section 9 of chapter 2023-43, Laws of Florida,
72as amended by section 1 of chapter 2025-114, Laws of Florida, is
73repealed.
74Section 3. Paragraph (d) of subsection (2) of section
75381.00315, Florida Statutes, is amended to read:
76381.00315 Public health advisories; public health
77emergencies; isolation and quarantines.—The State Health Officer
78is responsible for declaring public health emergencies, issuing
79public health advisories, and ordering isolation or quarantines.
80(2)
81(d) The State Health Officer, upon declaration of a public
82health emergency, may take actions that are necessary to protect
83the public health. Such actions include, but are not limited to:
841. Directing manufacturers of prescription drugs or over
85the-counter drugs who are permitted under chapter 499 and
86wholesalers of prescription drugs located in this state who are
87permitted under chapter 499 to give priority to the shipping of
88specified drugs to pharmacies and health care providers within
89geographic areas identified by the State Health Officer. The
90State Health Officer must identify the drugs to be shipped.
91Manufacturers and wholesalers located in the state must respond
92to the State Health Officer’s priority shipping directive before
93shipping the specified drugs.
942. Notwithstanding chapters 465 and 499 and rules adopted
95thereunder, directing pharmacists employed by the department to
96compound bulk prescription drugs and provide these bulk
97prescription drugs to physicians and nurses of county health
98departments or any qualified person authorized by the State
99Health Officer for administration to persons as part of a
100prophylactic or treatment regimen.
1013. Notwithstanding s. 456.036, temporarily reactivating the
102inactive license of the following health care practitioners,
103when such practitioners are needed to respond to the public
104health emergency: physicians licensed under chapter 458 or
105chapter 459; physician assistants licensed under chapter 458 or
106chapter 459; licensed practical nurses, registered nurses, and
107advanced practice registered nurses licensed under part I of
108chapter 464; respiratory therapists licensed under part V of
109chapter 468; and emergency medical technicians and paramedics
110certified under part III of chapter 401. Only those health care
111practitioners specified in this paragraph who possess an
112unencumbered inactive license and who request that such license
113be reactivated are eligible for reactivation. An inactive
114license that is reactivated under this paragraph shall return to
115inactive status when the public health emergency ends or before
116the end of the public health emergency if the State Health
117Officer determines that the health care practitioner is no
118longer needed to provide services during the public health
119emergency. Such licenses may only be reactivated for a period
120not to exceed 90 days without meeting the requirements of s.
121456.036 or chapter 401, as applicable.
1224. Ordering an individual to be examined, tested, treated,
123isolated, or quarantined for communicable diseases that have
124significant morbidity or mortality and present a severe danger
125to public health. Individuals who are unable or unwilling to be
126examined, tested, or treated for reasons of health, religion, or
127conscience may be subjected to isolation or quarantine. For the
128purposes of this subparagraph, the State Health Officer′s
129authority to treat or order treatment does not include the
130authority to order a vaccination.
131a. Examination, testing, or treatment may be performed by
132any qualified person authorized by the State Health Officer.
133b. If the individual poses a danger to the public health,
134the State Health Officer may subject the individual to isolation
135or quarantine. If there is no practical method to isolate or
136quarantine the individual, the State Health Officer may use any
137means necessary to treat the individual.
138c. Any order of the State Health Officer given to
139effectuate this paragraph is immediately enforceable by a law
140enforcement officer under s. 381.0012.
141Section 4. Present subsection (4) of section 456.054,
142Florida Statutes, is redesignated as subsection (5) and amended,
143and a new subsection (4) is added to that section, to read:
144456.054 Kickbacks prohibited.—
145(4)It is unlawful for a vaccine manufacturer to offer or
146pay a commission, bonus, kickback, or rebate, directly or
147indirectly, overtly or covertly, in cash or in kind, for the
148administration of a vaccine. It is unlawful for a health care
149practitioner to receive such a commission, bonus, kickback, or
150rebate from a vaccine manufacturer for the administration of a
151vaccine.
152(5)[(4)] Violations of this section are [shall be] considered
153patient brokering and are [shall be] punishable as provided in s.
154817.505.
155Section 5. Section 456.0575, Florida Statutes, is amended
156to read:
157456.0575 Duty to notify patients.—
158(1) ADVERSE INCIDENTS.—A [Every licensed] health care
159practitioner shall inform each patient, or an individual
160identified pursuant to s. 765.401(1), in person about adverse
161incidents that result in serious harm to the patient.
162Notification of outcomes of care that result in harm to the
163patient under this section does not constitute an acknowledgment
164of admission of liability, nor can such notifications be
165introduced as evidence.
166(2) VACCINATIONS OF MINORS.—
167(a) Each health care practitioner authorized by law to
168administer vaccines, and each paramedic acting pursuant to s.
169401.272, shall, before administering one or more vaccines to a
170minor child, provide the parent or guardian with the following:
1711. The most recently issued Vaccine Information Statement
172published by the United States Centers for Disease Control and
173Prevention pertaining to each vaccine being administered.
1742. Materials approved and adopted by joint rule of the
175Board of Medicine and the Board of Osteopathic Medicine relating
176to the role of immunizations in communicable disease prevention,
177including risks, benefits, safety, and efficacy.
178(b) Before administering one or more vaccines to a minor
179child, the health care practitioner or paramedic must obtain the
180signature of the parent or guardian acknowledging receipt of the
181information required under paragraph (a).
182(c) When more than one vaccine is to be administered, the
183health care practitioner shall discuss the timing of multiple
184vaccinations with the child′s parent or guardian and the
185parent’s or guardian’s options for such timing before
186administering the initial vaccination. At the request of the
187parent or guardian, a health care practitioner may administer
188vaccines to the minor child over multiple encounters.
189(3) GOOD FAITH ESTIMATE OF CHARGES.—Upon request by a
190patient, before providing nonemergency medical services in a
191facility licensed under chapter 395, a health care practitioner
192shall provide, in writing or by electronic means, a good faith
193estimate of reasonably anticipated charges to treat the
194patient’s condition at the facility. The health care
195practitioner shall provide the estimate to the patient within 7
196business days after receiving the request and is not required to
197adjust the estimate for any potential insurance coverage. The
198health care practitioner shall inform the patient that the
199patient may contact his or her health insurer or health
200maintenance organization for additional information concerning
201cost-sharing responsibilities. The health care practitioner
202shall provide information to uninsured patients and insured
203patients for whom the practitioner is not a network provider or
204preferred provider which discloses the practitioner’s financial
205assistance policy, including the application process, payment
206plans, discounts, or other available assistance, and the
207practitioner’s charity care policy and collection procedures.
208Such estimate does not preclude the actual charges from
209exceeding the estimate. Failure to provide the estimate in
210accordance with this subsection, without good cause, shall
211result in disciplinary action against the health care
212practitioner and a daily fine of $500 until the estimate is
213provided to the patient. The total fine may not exceed $5,000.
214Section 6. The amendments made by this act to s.
215456.0575(2)(a) and (b), Florida Statutes, relating to
216information that must be provided to parents or guardians before
217the administration of a vaccination to a minor are effective
218July 1, 2026, or 30 days after the Board of Medicine and the
219Board of Osteopathic Medicine adopt by joint rule the
220informational materials as required under s. 456.0575(2)(a),
221Florida Statutes, as created by this act, whichever occurs
222later. The Board of Medicine and the Board of Osteopathic
223Medicine shalladopt the joint rule no later than 120 days after
224this act becomes a law and shall notify the Division of Law
225Revision immediately upon their adoption of the joint rule. This
226section takes effect upon becoming a law.
227Section 7. Section 458.3351, Florida Statutes, is created
228to read:
229458.3351 Prescription or administration of ivermectin.—A
230health care practitioner who is licensed under this chapter and
231whose license includes prescribing authority is immune from
232civil or criminal liability or disciplinary action for
233prescribing or administering ivermectin to an adult in good
234faith, in accordance with the applicable standard of care and in
235accordance with this chapter and the rules pertaining to his or
236her practice.
237Section 8. Section 459.0156, Florida Statutes, is created
238to read:
239459.0156 Prescription or administration of ivermectin.—A
240health care practitioner who is licensed under this chapter and
241whose license includes prescribing authority is immune from
242civil or criminal liability or disciplinary action for
243prescribing or administering ivermectin to an adult in good
244faith, in accordance with the applicable standard of care and in
245accordance with this chapter and the rules pertaining to his or
246her practice.
247Section 9. Section 464.0181, Florida Statutes, is created
248to read:
249464.0181 Prescription or administration of ivermectin.—A
250health care practitioner who is licensed under this chapter and
251whose license includes prescribing authority is immune from
252civil or criminal liability or disciplinary action for
253prescribing or administering ivermectin to an adult in good
254faith, in accordance with the applicable standard of care and in
255accordance with this chapter and the rules pertaining to his or
256her practice.
257Section 10. Section 465.1897, Florida Statutes, is created
258to read:
259465.1897Sale of ivermectin without a prescription.—
260(1)A pharmacist may provide ivermectin to a person18
261years of age or older without a prescription as a behind-the
262counter medication until the United States Food and Drug
263Administration approves itfor over-the-counter sale.
264(2)Before providing ivermectin under this section, the
265pharmacist shall provide the person with written information
266regarding the indications and contraindications for ivermectin,
267the appropriate dosage, and the need to seek follow-up care from
268the person’s primary care physician.
269(3)A pharmacist acting in good faith is immune from civil
270or criminal liability or disciplinary action for providing
271ivermectin to an adult in accordance with this section.
272(4)The board may adopt rules to implement this section.
273Section 11. Subsections (5) and (9) of section 1003.22,
274Florida Statutes, are amended to read:
2751003.22 School-entry health examinations; immunization
276against communicable diseases; exemptions; duties of Department
277of Health.—
278(5) A child is exempt from immunization requirements in
279subsection (3) [The provisions of this section shall not apply]
280if:
281(a) The parent of the child presents to the school, on a
282form adopted by rule of the Department of Health and made
283available on its website, an attestation [objects in writing] that
284the administration of immunizing agents conflicts with the
285parent’s [his or her] religious tenets or practices or conscience;
286(b) A physician licensed under [the provisions of] chapter
287458 or chapter 459 certifies in writing, on a form approved and
288provided by the Department of Health, that the child should be
289permanently exempt from one or more of the required
290immunizations [immunization] for medical reasons stated in
291writing, based upon valid clinical reasoning or evidence,
292demonstrating the need for the permanent exemption;
293(c) A physician licensed under [the provisions of] chapter
294458, chapter 459, or chapter 460 certifies in writing, on a form
295approved and provided by the Department of Health, that the
296child has received as many immunizations as are medically
297indicated at the time and is in the process of completing the
298other required [necessary] immunizations;
299(d) The Department of Health determines that, according to
300recognized standards of medical practice, any required
301immunization is unnecessary or hazardous; or
302(e) An authorized school official issues a temporary
303exemption, for up to 30 school days, to allow [permit] a student
304who transfers into a new county to attend class until his or her
305records can be obtained. Children and youths who are
306experiencing homelessness and children who are known to the
307department, as defined in s. 39.0016, shall be given a temporary
308exemption for 30 school days. The public school health nurse or
309authorized private school official is responsible for follow-up
310[followup] of each such student until proper documentation or
311immunizations are obtained. An exemption for 30 days may be
312issued for a student who enters a juvenile justice program to
313allow [permit] the student to attend class until his or her
314records can be obtained or until the immunizations can be
315administered [obtained]. An authorized juvenile justice official
316is responsible for follow-up [followup] of each student who enters
317a juvenile justice program until proper documentation is
318obtained or immunizations are administered [obtained].
319
320Upon making the exemption form referenced under paragraph (a)
321available on its website, the Department of Health shall ensure
322that when the form is downloaded, such download includes, as a
323single document, the form and materials approved and adopted by
324joint rule of the Board of Medicine and the Board of Osteopathic
325Medicine under s. 456.0575(2)(a) relating to the role of
326immunizations in communicable disease prevention, including
327risks, benefits, safety, and efficacy. This requirement shall
328take effect upon the adoption of the joint rule. The webpage
329containing the download link must also include and prominently
330display a link or links to the United States Centers for Disease
331Control and Prevention’s current Vaccine Information Statements.
332(9) The presence of any of the communicable diseases for
333which immunization is required under subsection (3) [by the]
334[Department of Health] in a Florida public or private school
335authorizes [shall permit] the county health department director or
336administrator or the State Health Officer to declare a
337communicable disease emergency. The declaration of such
338emergency must [shall] mandate that all students attending [in]
339[attendance in] the school who have not been immunized against the
340diseases specified in subsection (3) or related Department of
341Health rules [are not in compliance with the provisions of this]
342[section] be identified by the district school board or by the
343governing authority of the private school,[;] and the school
344health and immunization records of such children must [shall] be
345made available to the county health department director or
346administrator. [Those] Children who are identified as not having
347been [being] immunized against the disease for which the emergency
348has been declared must [shall] be temporarily excluded from school
349attendance by the district school board, or the governing
350authority of the private school, until [such time as is specified]
351[by] the county health department director or administrator
352declares that the communicable disease emergency has ended.
353Section 12. Except as otherwise expressly provided in this
354act and except for this section, which shall take effect upon
355this act becoming a law, this act shall take effect July 1,
3562026.