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2024 Governor Bill Signing Update
July 02, 2024
Paul D. Seltzer, DO, Legislative Chair
Stephen R. Winn, ED
Michelle W. Larson, Assoc. ED
Jason D. Winn, Esq.
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Last week, Governor DeSantis concluded his review of all healthcare legislation monitored by the FOMA. Thirty-three healthcare-related bills were approved, of which twenty-eight became effective on or before July 1, 2024. One bill, HB 473, was vetoed.
Despite speculation, Governor DeSantis approved SB 1600 concerning interstate licensure mobility. Under the measure, physicians can receive a Florida license by endorsement within seven days if they submit a complete application, hold an active, unencumbered license from another state or territory with a similar scope of practice, and meet additional criteria such as having practiced for at least three years and passing a national licensure examination.
Moving forward, the FOMA will closely monitor the Florida Board of Osteopathic Medicine and other regulatory agencies as they work to develop rules. On July 9, 2024, the Florida Boards of Medicine and Osteopathic Medicine’s Joint Rules/Legislative Committee will meet to begin the rule development process for legislation adopted and approved during the session. Click Here for the agenda.
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Jason D. Winn, Esq, & Laura Winn meet with US Senator Rick Scott to discuss Residency Funding Issues. | |
Governor DeSantis vetoed HB 473, a bill that would have provided broad liability protections for state and local governments and private companies that only substantially comply with minimum cybersecurity standards in the event of a data breach or other cybersecurity incident. In his veto message, the Governor commented that the bill could result in less secure data for Floridians by incentivizing minimal compliance with cybersecurity standards. According to the Governor, the measure provides inadequate consumer recourse in the event of a breach. He urged interested parties to work with the Florida Cybersecurity Advisory Council to develop alternatives that balance liability protection with robust data and operations security.
All items concerning the 2024 Legislative Session have been closed out. Please stay tuned, as the FOMA 2024 Know the Issues, a comprehensive report concerning the session, will be published soon.
| | Approved Bills Effective on or Before July 1, 2024 | |
SB 0066 Revive Awareness Day by Brodeur
SB 66 creates “Victoria’s Law” and designates June 6 of each year as “Revive Awareness Day.” The bill allows the Governor to issue an annual proclamation for the designation of June 6th as “Revive Awareness Day.” The bill encourages the Department of Health (DOH) to hold events to raise awareness of the dangers of opioid overdose and the availability and safe use of opioid antagonists.
Approved by Governor 04/08/2024
Effective Date: 4/8/2024
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HB 0159 HIV Infection Prevention Drugs by Franklin II
HB 159 allows licensed pharmacists to screen adults for HIV exposure and provide the results of such screening. A pharmacist who has screened a patient for HIV must advise the patient to seek further medical consultation or treatment from a physician.
The bill also establishes a process by which a pharmacist may become certified to order and dispense post-exposure prophylaxis (PEP) under a collaborative practice agreement with a physician, establishing minimum criteria for certification. In addition, the bill outlines minimum requirements for collaborative practice agreements. Pharmacies are required to submit an access-to-care plan to the BOP and DOH for pharmacists practicing under such agreements.
Approved by Governor 04/26/24
Effective Date: 7/1/2024
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SB 0168 Congenital Cytomegalovirus Screenings by Polsky
The bill mandates the testing of cytomegalovirus (CMV) in newborns born in hospitals with neonatal intensive care services for those born before 35 weeks, needing cardiac care, or requiring extended medical treatment. In the case of hospital transfers, the legislation requires the receiving hospital to perform the CMV test if the originating hospital has not conducted the test. Additionally, the bill ensures that CMV screenings and necessary follow-up evaluations for diagnosis are covered benefits under Medicaid, private health insurers, and HMOs at the agreed rate. Finally, newborns diagnosed with CMV must be referred to a primary care physician and the Children’s Medical Services Early Intervention Program for ongoing management.
Approved by Governor 05/10/24
Effective Date: 7/1/2024
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SB 0186 Progressive Supranuclear Palsy and Other Neurodegenerative Diseases Policy Committee by Brodeur
The bill establishes the "Justo R. Cortes Progressive Supranuclear Palsy Act," creating a committee under the State Surgeon General to address neurodegenerative diseases, supported by the Department of Health. The committee, comprising 20 diverse members, including healthcare providers and family advocates, must be formed by September 1, 2024. Meetings will begin via teleconference by October 1, 2024. Progress and final reports are due by January 4, 2025, and January 4, 2026, respectively, and the Department of Health will publish the information on its website.
Approved by Governor 05/10/24
Effective Date: 7/1/2024
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HB 0197 Health Care Practitioners and Massage Therapy by Lopez (V)
HB 197 mandates the Department of Health (DOH) to suspend the license of a massage therapist or establishment if any employee is arrested for crimes such as kidnapping, human trafficking, or prostitution and prohibits any sexual activity and specific types of advertising related to sexual services within massage establishments. The bill also expands the criteria for declaring a massage establishment a public nuisance and sets additional operational requirements.
Approved by Governor 05/06/24
Effective Date: 7/1/2024
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HB 0201 Emergency Refills of Insulin and Insulin-related Supplies or Equipment by Bell
HB 201 expands the authority to dispense an emergency refill of insulin by eliminating both the one-vial limit and the one-time limit. The bill allows the pharmacist to dispense enough insulin until the patient can secure a current prescription order from their primary care physician. HB 201 allows a pharmacist to dispense emergency refills of insulin up to three nonconsecutive times per calendar year, per patient.
The bill also authorizes a pharmacist to dispense an emergency refill of insulin-related supplies or equipment, if the pharmacist is unable to readily obtain refill authorization from a prescriber. In addition, HB 201 allows a pharmacist to dispense emergency refills of insulin-related supplies or equipment up to three nonconsecutive times per calendar year, per patient.
Approved by Governor 04/11/2024
Effective Date: 7/1/2024
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HB 0241 Coverage for Skin Cancer Screenings by Massullo, MD
HB 241 requires the state group health insurance plan (plan) to provide coverage for annual skin cancer screening by a dermatologist, physician assistant, or an advanced registered practice nurse. The bill prohibits the plan from imposing a deductible, copayment, coinsurance, or any other cost sharing requirement for such coverage.
The bill prohibits the plan’s insurers and health plans from bundling payments for skin cancer screenings with any other procedure or service, including evaluations or management visits, which are performed during the same or subsequent office visit.
Approved by Governor 04/05/2024
Effective Date: 7/1/2024
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SB 0322 Public Records and Meetings by Burton
SB 322 creates public records and public meeting exemptions for the Interstate Medical Licensure Compact (IMLC), the Audiology and Speech-Language Pathology Interstate Compact, and the Physical Therapy Licensure Compact.
Approved by Governor 03/21/2024
Effective Date: 3/21/2024
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SB 0330 Behavioral Health Teaching Hospitals by Boyd
The bill creates the designation of behavioral health teaching hospitals to advance Florida’s behavioral health systems of care by creating a new integrated care and education model.
Approved by Governor 03/21/2024
Effective Date: 7/1/2024
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HB 0415 Pregnancy and Parenting Resources Website by Jacques
The bill mandates that the Department of Health (DOH), in collaboration with the Department of Children and Families (DCF) and the Agency for Health Care Administration (AHCA), develop and maintain a separate website to provide resources for expectant families and new parents. This new website, to be launched by January 1, 2025, will feature a variety of resources, including educational materials on pregnancy and parenting, maternal and prenatal services, programs for fathers, social services, financial assistance, and adoption services.
Approved by Governor 05/17/24
Effective Date: 7/1/2024
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SB 0644 Rural Emergency Hospitals by Simon
The bill creates a new hospital designation type, “rural emergency hospital” (REH), and defines the requirements for a rural or critical access hospital to apply to the Agency for Health Care Administration (AHCA) for that designation. SB 644 clarifies that an REH is subject to the requirements to provide emergency services and care for any emergency medical condition in accordance with current law and that an REH is not required to offer acute inpatient care or care beyond 24 hours or to make available other types of care that are required in a standard hospital.
Approved by Governor 05/28/24
Effective Date: 7/1/2024
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HB 0865 Youth Athletic Activities by Yeager
The bill requires that a Florida public school athletic coach must hold and maintain a certification in cardiopulmonary resuscitation, first aid, and the use of an automated external defibrillator. The certification must be consistent with national, evidence-based emergency cardiovascular care guidelines.
Approved by Governor 03/22/2024
Effective Date: 7/1/2024
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HB 0883 Short-acting Bronchodilator Use in Public and Private Schools by Koster
The bill authorizes specified health care practitioners to prescribe short-acting bronchodilators and components in the name of a public school or private school. Additionally, the bill authorizes a licensed pharmacist to dispense short-acting bronchodilators and components to a prescription issued in the name of a public or private school. It also provides immunity from civil and criminal liability for schools, trained school personnel, and health care practitioners who act in accordance with the provisions of the bill.
Approved by Governor 04/02/2024
Effective Date: 7/1/2024
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HB 0885 Coverage for Biomarker Testing by Gonzalez Pittman
HB 885 mandates that the state group insurance plan and Medicaid program cover biomarker testing for diagnosing, treating, managing, and monitoring diseases. It ensures that enrollees can easily request authorization for testing through accessible websites. The Medicaid program must implement this coverage by October 1, 2024. State group health insurance policies must comply by January 1, 2025.
Approved by Governor 06/18/2024
Effective Date: 7/1/2024
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HB 0935 Home Health Care Services by Franklin II
The bill authorizes an advanced practice registered nurse (APRN) or a physician assistant (PA) to order or write prescriptions for Medicaid home health services. An APRN or PA ordering the services may not be employed, under contract with, or otherwise affiliated with the home health agency (HHA) rendering the services.
Approved by Governor 05/10/24
Effective Date: 7/1/2024
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HB 1063 Chiropractic Medicine by Hunschofsky
The bill expands the scope of chiropractic practice to include monofilament intramuscular stimulation (dry needling) for treating trigger points or myofascial pain. It requires the Board of Chiropractic Medicine to set practice standards, education, and training requirements and authorizes the board to waive educational requirements for chiropractors with adequate dry-needling training. The bill also allows the board to recognize chiropractic physician applicants for licensure if they provide a credential evaluation report demonstrating their education is equivalent to a U.S. bachelor's degree. This change creates a pathway for chiropractors educated outside the U.S. to practice in Florida.
Approved by Governor 06/26/24
Effective Date: 06/26/24
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HB 1065 Substance Abuse Treatment by Caruso
HB 1065 redefines "certified recovery residence" by establishing four levels of care, ranging from homes run by residents post-treatment to professionally staffed facilities providing intensive outpatient care. The bill aligns "community housing" definitions with Level IV residences to enhance regulatory clarity and address specific care standards. Additionally, it streamlines operational regulations by allowing a unified license for service providers, extending administrative transition periods, and expanding resident capacity under certain conditions.
Approved by Governor 05/10/24
Effective Date: 7/1/2024
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HB 1259 Providers of Cardiovascular Services by Andrade
The bill authorizes Level I ACS programs to perform adult percutaneous cardiac intervention (PCI) to treat chronic total occlusions and use rotational or other atherectomy devices or electrophysiology when performing PCI.
Approved by Governor 03/22/2024
Effective Date: 7/1/2024
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SB 1512 Controlled Substances by Brodeur
The bill amends s. 893.13, F.S., to add tianeptine to the list of Schedule I controlled substances. Schedule I substances have a high potential for abuse and no currently accepted medical use in treatment in the United States.
Approved by Governor 03/22/2024
Effective Date: 7/1/2024
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HB 1561 Office Surgeries by Busatta Cabrera
The bill mandates that physicians performing liposuction of over 1,000 cc of supernatant fat must register their offices with the Department of Health. HB 1561 restricts these procedures and Level II and III office surgeries to registered or licensed facilities, changing penalties for non-compliance to $5,000 per incident. It also requires offices performing gluteal fat grafting to have significant insurance or an irrevocable letter of credit to cover potential malpractice claims.
Approved by Governor 05/10/2024
Effective Date: 05/10/2024
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SB 1582 Department of Health by Rodriguez
The bill clarifies newborn screening responsibilities, standardizes hearing screening requirements, and allows parents of newborns with sickle cell disease to opt out of the state registry. It also creates the Andrew John Anderson Pediatric Rare Disease Grant Program to fund research on rare pediatric diseases. The bill introduces a new profession, the environmental health technician, who can perform septic tank inspections without a four-year degree. Additionally, it expands the Florida Cancer Control and Research Advisory Council, provides specific provisions for medical marijuana treatment center licensure applications, and includes rules for deceased applicants.
Approved by Governor 06/18/2024
Effective Date: 7/1/2024
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SB 1600 Interstate Mobility by Collins
SB 1600, through the Mobile Opportunity by Interstate Licensure Endorsement Act (MOBILE Act), streamlines the licensure process for physicians and other health care professions. Under the measure, physicians can receive a Florida license by endorsement within seven days if they submit a complete application, hold an active, unencumbered license from another state or territory with a similar scope of practice, and meet additional criteria such as having practiced for at least three years and passing a national licensure examination. The Department of Health (DOH) will verify applicant information using the National Practitioner Data Bank and can revoke licenses for false information. The DOH must also submit an annual report detailing applications, licenses issued, denials, and disciplinary actions under the MOBILE Act.
Approved by Governor 06/28/2024
Effective Date: 7/1/2024
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SB 1758 Individuals with Disabilities by Brodeur
The bill, in part, requires AHCA, the APD, and other stakeholders to develop a plan for a new home and community-based services Medicaid waiver program for clients transitioning to adulthood and requires a report to the Governor, President of the Senate, and Speaker of the House of Representatives by December 1, 2024, on the progress of this plan.
Approved by Governor 03/21/2024
Effective Date: 7/1/2024
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SB 7016 Health Care by Health Policy
The bill is the flagship of the 2024 “Live Healthy” initiative. The bill revises preexisting health care programs, creates new programs, revises licensure and regulatory requirements for health care practitioners and facilities, creates new provisions within programs relating to health care practitioner education, amends the state Medicaid program, and appropriates both general revenue and trust fund dollars to grow Florida’s health care workforce and increase access to health care services.
Approved by Governor 03/21/2024
Effective Date: 03/21/2024 except as otherwise provided
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SB 7018 Health Care Innovation by Health Policy
The bill sets forth legislative intent related to health care innovation in this state and creates a framework to implement that intent. The purpose is to harness the innovation and creativity of entrepreneurs and businesses, in collaboration with the state’s health care system and stakeholders, to lead the discussion on innovations that will address challenges in the health care system and to transform the delivery and strengthen the quality of health care in Florida.
Approved by Governor 03/21/2024
Effective Date: 3/21/2024
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HB 7021 Mental Health and Substance Abuse by Children, Families & Seniors Subcommittee
The bill makes substantive changes to Florida’s Baker and Marchman Acts by combining court processes to order individuals to involuntary outpatient services and involuntary inpatient placement in the Baker Act to streamline the process for obtaining involuntary services and provide more flexibility for courts to meet individuals’ treatment needs. It
also repeals existing provisions for court-ordered involuntary assessments and stabilization in the Marchman Act and creates a new consolidated involuntary treatment process.
Approved by Governor 06/14/2024
Effective Date: 7/1/2024
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SB 7072 Cancer Funding by Appropriations Committee on Health and Human Services
SB 7072 revises the Casey DeSantis Cancer Research Program to include promoting high-quality, innovative healthcare for cancer patients in Florida and mandates specific contractual requirements in allocation agreements. The bill specifies that the Cancer Innovation Fund grant funding is available to healthcare providers and facilities demonstrating excellence in patient-centered cancer treatment or research. It also establishes the Cancer Connect Collaborative within the Department of Health to advise on cancer funding, legislation, and policies and to develop a long-range plan by December 1, 2024. Additionally, the bill increases the Florida Cancer Control and Research Advisory Council membership to 16, including a representative from the Mayo Clinic in Jacksonville, and allocates $40 million in recurring funds for the Cancer Innovation Fund.
Approved by Governor 06/18/2024
Effective Date: 7/1/2024
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SB 7078 Public Records and Meetings/Cancer Research Grant Applications by Fiscal Policy
The bill creates a public records exemption for proprietary business information related to cancer research grant applications held by the Department of Health or the Cancer Connect Collaborative.
Approved by Governor 06/18/2024
Effective Date: 7/1/2024
| | Approved Bills Not in Effect as of July 2, 2024 | |
SB 0184 Impeding, Threatening, or Harassing First Responders by Avila
The bill makes it a second-degree misdemeanor for an individual to approach or remain within 25 feet of a first responder after being verbally warned not to if the intent is to impede, threaten, or harass the first responder during their lawful duties. It defines "first responder" as law enforcement officers, correctional probation officers, firefighters, or emergency medical care providers. Additionally, the bill specifies that "harass" involves intentionally causing substantial emotional distress to a first responder through a course of conduct that serves no legitimate purpose.
Approved by Governor 04/12/2024
Effective Date: 1/1/2025
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SB 0362 Medical Treatment Under the Workers’ Compensation Law by Bradley
The bill raises the maximum reimbursement allowances (MRA) for physicians from 110% to 175% of the Medicare rate and for surgical procedures from 140% to 210% of the Medicare rate. Additionally, the bill increases the maximum hourly rate for expert medical witnesses from $200 to $300 and the maximum daily rate from $200 to $300.
Approved by Governor 06/14/24
Effective Date: 1/1/2025
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SB 0808 Treatment by a Medical Specialist by DiCeglie
SB 808 amends s. 112.18, F.S., allowing firefighters, law enforcement officers, correctional officers, and correctional probation officers to choose their medical specialists for treating compensable presumptive conditions like tuberculosis, heart disease, or hypertension. The bill defines a "medical specialist" as a physician licensed under ch. 458 or ch. 459, F.S., with board certification in relevant specialties. It mandates written notice to the workers' compensation carrier, self-insured employer, or third-party administrator before treatment, except in emergencies. The workers' compensation carrier must authorize the chosen specialist or an alternative with equal or greater qualifications within five business days, ensuring treatment begins within 30 days, with costs capped at 200% of the Medicare rate.
Approved by Governor 05/29/24
Effective Date: 10/1/2024
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HB 0975 Background Screenings and Certifications by Trabulsy
Current law requires certain prospective employees to be screened for a history of criminal offenses to protect vulnerable persons. Certain criminal offenses disqualify the applicant from employment. The bill adds additional crimes to the list of disqualifying offenses for Level 2 background screening, and revises the eligibility criteria for exemptions from disqualification.
Current law requires only specified health care professions to undergo background screening as a requirement for initial licensure; most health care professions licensed by the Department of Health (DOH) are not subject to background screening. The bill revises background screening requirements for most licensed health care professionals.
Approved by Governor 06/14/24
Effective Date: 7/1/2025 except as otherwise provided
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HB 7009 OGSR/Mental Health Treatment and Services by Ethics, Elections & Open Government Subcommittee
The bill saves from repeal the public records exemption relating to all petitions for voluntary and involuntary admission for mental health treatment, court orders, and related records filed with or by a court pursuant to the Baker Act.
Approved by Governor 05/31/2024
Effective Date: 10/1/2024
| | 2024 Election Information | |
The Florida 2024 election for the State House and Senate will take place on November 5, 2024. Voters will elect representatives for all 120 state house districts and half of the 40 state senate districts.
Key Dates for the Florida 2024 Elections:
- Voter Registration Deadline: July 22, 2024
- Primary Elections: August 20, 2024
- Absentee/Mail-In Ballot Request Deadline: August 8, 2024
- Absentee/Mail-In Ballot Return Deadline: August 20, 2024
- Early Voting for Primary Elections: August 10-17, 2024
- Early Voting for General Elections: October 26-November 2, 2024
- General Election: November 5, 2024
The deadline to qualify as a Senate or House candidate ended on June 14. Please click the tabs below to see who has qualified to run in your district.
| | Coming Soon - FOMA 2024 Know the Issues | | | The FOMA 2024 Know the Issues is forthcoming and will be published soon after the Governor makes his final determination on transmitted legislation. This comprehensive document will offer a complete analysis of legislation passed during this session, detailing its impact on the osteopathic profession and patients and outlining any actionable items for our members. | | | | |