On August 17, 2023, the Agency for Health Care Administration (AHCA) issued a Notice of Development of Rulemaking that has significant implications for practitioners, providers, patients, and visitors in Florida. The rule proposes to create a new rule within Chapter 59A-35 of the Florida Administrative Code and implement the provisions of Senate Bill 252 (Chapter 2023-043, Laws of Florida) to establish requirements for the use of facial coverings for infection control by health care practitioners and providers.

Rule 59AER23-1, Definitions
Rule Text
Notice

Rule 59AER23-2, Standards for the Appropriate Use of Facial Coverings for Infection Control
Rule Text
Notice

Chapter 2023-043, Laws of Florida, mandates this emergency rule following the passage of Senate Bill 252, which was enacted during the 2023 legislative session. In order to establish facial covering requirements in health care settings, the emergency rule focuses on establishing the following key points:

• When to require patient facial coverings: Health care practitioners and providers may mandate patients to wear facial coverings only when they are in common areas of the health care setting and exhibit signs or symptoms of, or have a diagnosed infectious disease that can spread through droplet or airborne transmission.
• When to require visitor facial coverings: Visitors may be required to wear facial coverings when they exhibit signs or symptoms of or have a diagnosed infectious disease that can spread through droplet or airborne transmission, are in sterile areas, are in an in-patient or clinical room with a patient having a similar diagnosis, or are visiting a patient with an immune system-affecting condition requiring additional precautions.
• Opt-out requirements: The rule stipulates opt-out provisions, ensuring that patients and visitors have the option to forgo wearing facial coverings when certain conditions are met. These provisions must align with the Florida Patient Bill of Rights and Responsibilities.
• Employee exceptions: Employees may opt out of facial covering requirements under specific circumstances except, such as when they are conducting sterile procedures, working in sterile areas, or engaging in non-clinical potentially hazardous activities.

AHCA has scheduled a hearing to discuss the rule on Thursday, September 7, at 2:00 PM ET. The location for the hearing is AHCA's headquarters at 2727 Mahan Drive, Building 3, Conference Room C, Tallahassee, FL 32308. Interested parties can also participate remotely by dialing the Open Voice conference line, (888) 585-9008, followed by the conference room number and pound sign: 998-518-088#. The agenda and materials related to the hearing can be accessed on the AHCA website here.

If you have questions or need further information about this rule, please reach out to Jeremy Roberts at the Bureau of Health Facility Regulations. He can be contacted by phone at (850) 412-4432 or via email at jeremy.roberts@ahca.myflorida.com.