Chapter 381 — Chapter 381
160 sections in this chapter.
Fla. Stat. § 381.001 Public health system
0.7K chars
The Department of Health is responsible for the state’s public health system which shall be designed to promote, protect, and improve the health of all people in the state. The department shall provide leadership for an active partnership working toward shared public health goals…
Fla. Stat. § 381.0011 Duties and powers of the Department of Health
2.6K chars
It is the duty of the Department of Health to:(1) Assess the public health status and needs of the state.(2) Administer and enforce laws and rules relating to sanitation, control of communicable diseases, illnesses and hazards to health among humans and from animals to humans, an…
Fla. Stat. § 381.0012 Enforcement authority
4.3K chars
(1) The department may commence and maintain all proper and necessary actions and proceedings to enforce the rules adopted pursuant to this chapter and may defend all actions and proceedings involving the department’s powers and duties.(2) The department may apply for an injuncti…
Fla. Stat. § 381.0016 County and municipal regulations and ordinances
0.2K chars
Any county or municipality may enact, in a manner prescribed by law, health regulations and ordinances not inconsistent with state public health laws and rules adopted by the department.
Fla. Stat. § 381.0018 Application for and acceptance of gifts or grants
0.5K chars
The department may apply for and accept any funds, grants, gifts, or services made available to it by any agency or department of the Federal Government or any other agency or private individual in aid of any present or future health program undertaken, maintained, or proposed. A…
Fla. Stat. § 381.0019 Disposition of equipment and material; transfers to county health departments
0.5K chars
When the department purchases equipment and materials in furtherance of its public health programs from state or federal or state and federal funds for primary use and location in a county health department of this state, it is authorized to transfer title to such equipment and m…
Fla. Stat. § 381.002 Grant of title to prescriptive medical personal property to client
0.3K chars
Legal title to prescriptive medical personal property purchased by the department for the use or benefit of a particular client of the department may, pursuant to rules adopted by the department, be granted to such client. Such property is not subject to the requirements of chapt…
Fla. Stat. § 381.0021 Client welfare accounts
1.2K chars
The Department of Health may establish one or more client welfare accounts in any bank, savings and loan association, or credit union. If one account is created, separate revenue and expense accounts shall be maintained in the department’s accounting system for each client, progr…
Fla. Stat. § 381.0022 Sharing confidential or exempt information
1.8K chars
(1) Notwithstanding any other provision of law to the contrary, the Department of Health and the Department of Children and Families may share confidential information or information exempt from disclosure under chapter 119 on any individual who is or has been the subject of a pr…
Fla. Stat. § 381.003 Communicable disease and AIDS prevention and control
12.4K chars
(1) The department shall conduct a communicable disease prevention and control program as part of fulfilling its public health mission. A communicable disease is any disease caused by transmission of a specific infectious agent, or its toxic products, from an infected person, an …
Fla. Stat. § 381.0031 Epidemiological research; report of diseases of public health significance to department
8.3K chars
(1) The department may conduct studies concerning the epidemiology of diseases of public health significance affecting people in Florida.(2) Any practitioner licensed in this state to practice medicine, osteopathic medicine, chiropractic medicine, naturopathy, or veterinary medic…
Fla. Stat. § 381.00315 Public health advisories; public health emergencies; isolation and quarantines
21.6K chars
The State Health Officer is responsible for declaring public health emergencies, issuing public health advisories, and ordering isolation or quarantines.(1) As used in this section, the term:(a) “Isolation” means the separation of an individual who is reasonably believed to be in…
Fla. Stat. § 381.00316 Discrimination by governmental and business entities based on health care choices; prohibition
13.9K chars
(1)(a) It is the intent of the Legislature that Floridians be free from mandated facial coverings, mandates of any kind relating to vaccines as provided in this section, and discrimination based on such vaccination status.(b) The Legislature finds that society is harmed by discri…
Fla. Stat. § 381.00318 Complaints and investigations regarding mandate prohibitions; public records exemption
4.1K chars
(1) A complaint alleging a business entity’s, a governmental entity’s, or an educational institution’s violation of s. 381.00316 or s. 381.00319, and all information relating to an investigation of such complaint, held by the Department of Legal Affairs or the Department of Healt…
Fla. Stat. § 381.00319 Prohibition on mask mandates and vaccination and testing mandates for educational institutions
8.1K chars
(1) For purposes of this section, the term:(a) “COVID-19” has the same meaning as in s. 381.00316.(b) “COVID-19 vaccine” has the same meaning as in s. 381.00316.(c) “Educational institution” means a public or private school, including a preschool, elementary school, middle school…
Fla. Stat. § 381.00321 The right of medical conscience of health care providers and health care payors
16.5K chars
(1) DEFINITIONS.—As used in this section, the term:(a) “Adverse action” means the discharge, transfer, demotion, discipline, suspension, exclusion, revocation of privileges, withholding of bonuses, or reduction in salary or benefits; any action that may negatively impact the adva…
Fla. Stat. § 381.00322 International health organization policies
0.3K chars
A governmental entity as defined in s. 381.00316 or an educational institution as defined in s. 381.00319 may not adopt, implement, or enforce an international health organization’s public health policies or guidelines unless authorized to do so under state law, rule, or executiv…
Fla. Stat. § 381.0034 Requirement for instruction on HIV and AIDS
4.0K chars
(1) The Department of Health shall require each person licensed or certified under chapter 467, part IV of chapter 468, or chapter 483, as a condition of biennial relicensure, to complete an educational course approved by the department on the modes of transmission, infection con…
Fla. Stat. § 381.0035 Educational course on HIV and AIDS; employees and clients of certain health care facilities
3.7K chars
(1) The Department of Health shall require all employees and clients of facilities licensed under chapter 393, chapter 394, or chapter 397 and employees of facilities licensed under chapter 395, part II, part III, or part IV of chapter 400, or part I of chapter 429 to complete a …
Fla. Stat. § 381.0038 Education; sterile needle and syringe exchange programs
15.8K chars
The Department of Health shall establish a program to educate the public about the threat of acquired immune deficiency syndrome.(1) The acquired immune deficiency syndrome education program shall:(a) Be designed to reach all segments of Florida’s population;(b) Contain special c…
Fla. Stat. § 381.0039 Oversight of AIDS education programs
0.5K chars
The Department of Education, the Department of Health, and the Department of Business and Professional Regulation are directed to establish an interagency agreement to oversee the quality and cost efficiency of acquired immune deficiency syndrome education programs being administ…
Fla. Stat. § 381.004 HIV testing
68.4K chars
(1) DEFINITIONS.—As used in this section:(a) “Health care setting” means a setting devoted to the diagnosis and care of persons or the provision of medical services to persons, such as county health department clinics, hospitals, urgent care clinics, substance abuse treatment cli…
Fla. Stat. § 381.0041 Donation and transfer of human tissue; testing requirements
15.4K chars
(1) Every donation of blood, plasma, organs, skin, or other human tissue for transfusion or transplantation to another shall be tested prior to transfusion or other use for human immunodeficiency virus infection and other communicable diseases specified by rule of the Department …
Fla. Stat. § 381.0042 Patient care for persons with HIV infection
1.1K chars
The department may establish human immunodeficiency virus patient care networks in each region of the state where the number of cases of human immunodeficiency virus transmission justifies the establishment of cost-effective regional patient care networks. Such networks shall be …
Fla. Stat. § 381.0043 Blood Donor Protection Act; blood and blood component donors; confidentiality
1.4K chars
(1) This section may be cited as the “Blood Donor Protection Act.”(2) A blood bank, a subsidiary or affiliate of a blood bank, an employee or agent of a blood bank, or a subsidiary or affiliate of an agent or employee of a blood bank, may not be compelled to disclose the identity…
Fla. Stat. § 381.0045 Targeted outreach for pregnant women
4.1K chars
(1) This section may be cited as the “Targeted Outreach for Pregnant Women Act of 1998.”(2) It is the purpose of this section to establish a targeted outreach program for high-risk pregnant women who may not seek proper prenatal care, who suffer from substance abuse or mental hea…
Fla. Stat. § 381.0046 Statewide HIV and AIDS prevention campaign
2.1K chars
(1) The Department of Health shall develop and implement a statewide HIV and AIDS prevention campaign that is directed towards minorities who are at risk of HIV infection. The campaign shall include television, radio, and outdoor advertising; public service announcements; and pee…
Fla. Stat. § 381.005 Primary and preventive health services
3.0K chars
(1) The department shall conduct a primary and preventive health care program as part of fulfilling its public health mission. This program shall include, but is not limited to:(a) Acute and episodic care in accordance with chapter 154.(b) Prenatal and postpartum care in accordan…
Fla. Stat. § 381.0051 Family planning
5.5K chars
(1) SHORT TITLE.—This section shall be known as the “Comprehensive Family Planning Act.”(2) ACCESS TO SERVICES; PROHIBITIONS.—Except as otherwise provided in this section, no medical agency or institution of this state or unit of local government shall interfere with the right of…
Fla. Stat. § 381.0052 Dental health
1.5K chars
(1) This section shall be known as the “Public Health Dental Program Act.”(2) It is the intent of the Legislature to make available dental preventive and educational services to the citizens of the state and treatment services to indigent persons.(3) The department shall implemen…
Fla. Stat. § 381.0053 Comprehensive nutrition program
1.9K chars
(1) It is the intent of the Legislature to make available nutrition information to promote health and prevent disease for the citizens of the state and to provide nutrition assessment and diet counseling services to improve the nutritional status of indigent persons.(2) The depar…
Fla. Stat. § 381.0055 Confidentiality and quality assurance activities
3.4K chars
(1) All information which is confidential by operation of law and which is obtained by the Department of Health, a county health department, healthy start coalition, or certified rural health network, or a panel or committee assembled by the department, a county health department…
Fla. Stat. § 381.0056 School health services program
21.7K chars
(1) This section may be cited as the “School Health Services Act.”(2) As used in this section, the term:(a) “Emergency health needs” means onsite evaluation, management, and aid for illness or injury pending the student’s return to the classroom or release to a parent, guardian, …
Fla. Stat. § 381.0057 Funding for school health services
12.1K chars
(1) The State Surgeon General, or his or her designee, in cooperation with the Commissioner of Education, or his or her designee, shall publicize the availability of funds, targeting those school districts or schools which have a high incidence of medically underserved high-risk …
Fla. Stat. § 381.0059 Background screening requirements for school health services personnel
2.9K chars
(1) Pursuant to the provisions of chapter 435, any person who provides services under a school health services plan pursuant to s. 381.0056 must meet level 2 screening requirements as described in s. 435.04. A person may satisfy the requirements of this subsection by submitting p…
Fla. Stat. § 381.00591 Department of Health; National Environmental Laboratory accreditation; application
0.1K chars
The Department of Health may apply for and become a National Environmental Laboratory Accreditation Program accreditation body.
Fla. Stat. § 381.00593 Public school volunteer health care practitioner program
7.5K chars
(1) This section may be cited as the “Public School Volunteer Health Care Practitioner Act.”(2) The purpose of this section is to establish a public school volunteer health care practitioner program with incentives and coordinate the program with the “School Health Services Act,”…
Fla. Stat. § 381.006 Environmental health
13.7K chars
The department shall conduct an environmental health program as part of fulfilling the state’s public health mission. The purpose of this program is to detect and prevent disease caused by natural and manmade factors in the environment. The environmental health program shall incl…
Fla. Stat. § 381.0061 Administrative fines
2.3K chars
(1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which may not exceed $500 for each violation, for a violation of s. 381.006(15) or s. 381.0072, for a violation of any rule adopted by the department under th…
Fla. Stat. § 381.0062 Supervision; private and certain public water systems
17.2K chars
(1) DEFINITIONS.—As used in this section:(a) “Contaminant” means any physical, biological, chemical, or radiological substance or matter in water.(b) “Department” means the Department of Health, including the county health departments.(c) “Florida Safe Drinking Water Act” means p…
Fla. Stat. § 381.0063 Drinking water funds
0.3K chars
All fees and penalties received from suppliers of water pursuant to ss. 403.860(5) and 403.861(7)(a) shall be deposited in the appropriate County Health Department Trust Fund to be used by the department to pay the costs of expenditures required pursuant to ss. 381.0062 and 403.8…
Fla. Stat. § 381.0064 Continuing education program for installation and use of onsite sewage treatment and disposal systems
2.0K chars
(1) The Department of Environmental Protection shall establish a program for continuing education which meets the purposes of ss. 381.0101 and 489.554 regarding the public health and environmental effects of onsite sewage treatment and disposal systems and any other matters the d…
Fla. Stat. § 381.0065 Onsite sewage treatment and disposal systems; regulation
121.4K chars
(1) LEGISLATIVE INTENT.—(a) It is the intent of the Legislature that proper management of onsite sewage treatment and disposal systems is paramount to the health, safety, and welfare of the public.(b) It is the intent of the Legislature that where a publicly owned or investor-own…
Fla. Stat. § 381.00651 Periodic evaluation and assessment of onsite sewage treatment and disposal systems
31.2K chars
(1) For the purposes of this section, the term “first magnitude spring” means a spring that has a median water discharge of greater than or equal to 100 cubic feet per second for the period of record, as determined by the Department of Environmental Protection.(2) A county or mun…
Fla. Stat. § 381.00655 Connection of existing onsite sewage treatment and disposal systems to central sewerage system; requirements
10.4K chars
(1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building’s plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written…
Fla. Stat. § 381.0066 Onsite sewage treatment and disposal systems; fees
6.1K chars
(1) The department may collect fees for services provided with respect to onsite sewage treatment and disposal systems. The total fees assessed under this section must be sufficient to meet the cost of administering this section and ss. 381.0065 and 381.00655.(2) The minimum fees…
Fla. Stat. § 381.0067 Corrective orders; private and certain public water systems and onsite sewage treatment and disposal systems
1.1K chars
When the department or its agents, through investigation, find that any private water system, public water system not covered or included in the Florida Safe Drinking Water Act (part VI of chapter 403), or onsite sewage treatment and disposal system constitutes a nuisance or mena…
Fla. Stat. § 381.0072 Food service protection
24.2K chars
(1) DEPARTMENT OF HEALTH; SANITATION RULES.—(a) It shall be the duty of the Department of Health to adopt and enforce sanitation rules consistent with law to ensure the protection of the public from food-borne illness. These rules shall provide the standards and requirements for …
Fla. Stat. § 381.0075 Regulation of body-piercing salons
28.5K chars
(1) LEGISLATIVE INTENT.—It is the intent of the Legislature to protect the health, safety, and welfare of the public from the spread of infectious diseases from practices that prick, pierce, or scar the skin and therefore, to that end, to regulate body-piercing salons.(2) DEFINIT…
Fla. Stat. § 381.00771 Definitions of terms used in ss. 381.00771-381.00791
3.1K chars
As used in ss. 381.00771-381.00791, the term:(1) “Active license or registration” means a current license or registration issued by the department that is not suspended or revoked.(2) “Department” means the Department of Health.(3) “Guest tattoo artist” means a person who is lice…