Health Care Choices and Medical Conscience
DISCRIMINATION BASED ON HEALTH CARE CHOICES: SECTION 381.00316, FLORIDA STATUTES
Pursuant to the recently revised Section 381.00316, Florida Statutes, businesses and governmental entities may not require any person to obtain a COVID-19 vaccine, document post-infection recovery from COVID-19, submit a COVID-19 test result, or wear a face covering in order to gain access to, entry upon, or services from the business or government entity or as a condition of hiring, promotion, or continued employment.
Businesses and governmental entities also may not: discharge, refuse employment, deprive of employment opportunities, or otherwise adversely affect or discriminate against any person based on that person’s choice not to obtain a COVID-19 vaccine; document post-infection recovery from COVID-19; submit a COVID-19 test result; or wear a face covering. Also pursuant to Section 381.00316, a hospital or ambulatory center may not discriminate in providing health care to a patient based solely on that patient’s COVID-19 vaccination status.
For non-COVID-19 vaccines, businesses and governmental entities are required to “provide for exemptions and reasonable accommodations for religious and medical reasons in accordance with federal law.”
For additional information regarding Section 381.00316, including which entities are required to comply with the revised law and the steps that will occur after the filing of a complaint, please review our Frequently Asked Questions.
Section 381.00316 charges the Department of Legal Affairs with the responsibility of reviewing complaints about compliance with the law.
The Department of Legal Affairs has promulgated rules pursuant to Section 381.00316, which provide further details of the process and standards. Such rules can be found here. Persons wishing to file a complaint must complete the Discrimination Based on Health Care Choices Complaint Form. The complaint form may be filled out online by clicking here. Complaint forms may also be submitted via email to: HealthCareChoices@MyFloridaLegal.com, or by U.S. Mail to: Department of Legal Affairs, Health Care Choices Program, PL-01, the Capitol, Tallahassee, FL 32399-1050.
Affected persons may have other legal rights. Some of these rights may have time limitations. The Department cannot provide you with legal advice. You should talk to an attorney if you believe you were subject to unlawful discrimination.
THE RIGHT OF MEDICAL CONSCIENCE OF HEALTH CARE PROVIDERS AND PAYORS: SECTION 381.00321, FLORIDA STATUTES
Pursuant to Section 381.00321, Florida Statutes, health care providers and payors may opt out of participation in or payment for any health care service on the basis of conscience-based objection.
Under the statute, health care providers and payors cannot be subjected to adverse action as a result of: providing information about a violation of Section 381.00321 to their employer or certain state or federal agencies; or participating, testifying, or assisting in a proceeding related to a violation of Section 381.00321.
Any person or entity that violates Section 381.00321, Florida Statutes, may be subject to civil action for damages, injunctive relief, or other appropriate relief, including attorney fees.
A health care provider or payor may file a complaint with the Attorney General alleging a violation of Section 381.00321, Florida Statutes. Health care providers or payors wishing to file a complaint must complete the Protections of Medical Conscience Complaint Form, available below. Complaint forms may be submitted:
- by email to: MedicalConscience@MyFloridaLegal.com; or
- by U.S. Mail to: Department of Legal Affairs, Medical Conscience Program, PL-01, the Capitol, Tallahassee, FL 32399-1050.
Affected persons may have other legal rights. Some of these rights may have time limitations. The Department of Legal Affairs cannot provide you with legal advice. You should talk to an attorney if you believe you were subject to unlawful adverse action or discrimination.