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The legislature transmitted two FOMA bills of interest to the Governor for review.  No bills were signed into law this week.  

Since the close of the 2024 Legislative Session, 12 health care bills have been signed into law. 

Rep. Sam Garrison, FOMA 2023 Legislator of the Year &

FOMA Legislative Chair Paul D. Seltzer, DO

Prohibition of Non-Compete Clauses - FTC Rule Advances

The Federal Trade Commission (FTC) recently voted 3-2 to approve a rule that prohibits non-compete clauses in employment contracts. According to the AOA, this decision followed extensive public input, with most stakeholders favoring the change.

The rule targets explicit non-compete clauses and those that serve the same purpose. However, it allows exceptions for senior executives under certain conditions and in the context of business sales. Set to take effect on August 21, 2024, legal challenges are anticipated.

Bills Transmitted for Review

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. 

The Governor must act on this bill by 05/01/24

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.

The Governor must act on this bill by 05/07/24

Bills Signed into Law

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

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

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

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

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

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

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

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

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

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

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

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

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.