(2) If sex-reassignment prescriptions or procedures are prescribed for or administered or performed on patients 18 years of age or older, consent must be voluntary, informed, and in writing on forms adopted in rule by the Board of Medicine and the Board of Osteopathic Medicine. Consent to sex-reassignment prescriptions or procedures is voluntary and informed only if the physician who is to prescribe or administer the pharmaceutical product or perform the procedure has, at a minimum, while physically present in the same room: (a) Informed the patient of the nature and risks of the prescription or procedure in order for the patient to make a prudent decision; (b) Provided the informed consent form, as adopted in rule by the Board of Medicine and the Board of Osteopathic Medicine, to the patient; and (c) Received the patient’s written acknowledgment, before the prescription or procedure is prescribed, administered, or performed, that the information required to be provided under this subsection has been provided. (3) Sex-reassignment prescriptions or procedures may not be prescribed, administered, or performed except by a physician. For the purposes of this section, the term “physician” is defined as a physician licensed under chapter 458 or chapter 459 or a physician practicing medicine or osteopathic medicine in the employment of the Federal Government. practitioner’s license or deny a license to an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform as defined in s. 501.2041, provided that the individual is not using such speech or written communication to provide medical advice or treatment to a specific patient or patients, and provided that such speech or written communication does not separately violate any other applicable law or rule. practitioner’s license or deny a license to an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform as defined in s. 501.2041, provided that the individual is not using such speech or written communication to provide medical advice or treatment to a specific patient or patients, and provided that such speech or written communication does not separately violate any other applicable law or rule. (2) If a specialty board or other recognizing agency approved by any board within the jurisdiction of the
(4) Consent required under subsection (2) does not apply to renewals of prescriptions consistent with those referenced under s. 456.001 (9)(a)1. and 2. if a physician and his or her patient have met the requirements for consent for the initial prescription or renewal. However, separate consent is required for any new prescription for a pharmaceutical product not previously prescribed to the patient. (5) (a) Violation of this section constitutes grounds for disciplinary action under this chapter and chapter 458 or chapter 459, as applicable. (b) Any health care practitioner who willfully or actively participates in a violation of subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any health care practitioner who violates
subsection (2), subsection (3), or subsection (4) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (a) The Board of Medicine and the Board of Osteopathic Medicine shall adopt emergency rules to implement this section. (b) Any emergency rules adopted under this section are exempt from s. 120.54(4)(c) and shall remain in effect until replaced by rules adopted under the nonemergency rulemaking procedures of the Administrative Procedure Act.
(6)
History.—ss. 5, 9, ch. 2023-90.
456.61—Use of Free Speech by a Health Care Practitioner; Prohibition (1) A board, or the department if there is no board, may not take disciplinary action against a health care
(2) If a specialty board or other recognizing agency approved by any board within the jurisdiction of the department revokes the certification of an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform as defined in s. 501.2041, provided such individual was not providing medical advice or treatment to a specific patient and provided such speech did not separately violate any other applicable law, the board within the jurisdiction of the department may revoke its approval of such specialty board or other recognizing agency. History.—s. 3, ch. 2023-57. department revokes the certification of an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform as defined in s. 501.2041, provided such individual was not providing medical advice or treatment to a specific patient and provided such speech did not separately violate any other applicable law, the board within the jurisdiction of the department may revoke its approval of such specialty board or other recognizing agency. History.—s. 3, ch. 2023-57.
456.62—Communication of COVID-19 Treatment Alternatives (1) A board, or the department if there is no board, may not take disciplinary action against a health care
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