Current through Reg. 50, No. 187; September 24, 2024
(1) For the
purposes of this rule, the words and phrases below are defined as follows:
(a) "Common area" refers to areas in a health
care setting where patients are not treated, diagnosed, or examined.
(b) "Employee" refers to any person under
employment or contract of a health care setting, including health care
practitioners, administrative staff, maintenance staff, aides, contractors,
students, and volunteers.
(c)
"Health care setting" refers to any place where health care practitioners
and/or health care providers practice their profession or provide
services.
(d) "Patient" refers to a
person receiving services from a health care practitioner or health care
provider.
(e) "Sterile areas"
refers to locations where surgery is conducted or where procedures that require
aseptic techniques are performed.
(f) "Sterile procedure" refers to aseptic
procedures with the goal of minimizing the risk of microbial contamination to
reduce the rate of invasive or surgical site infection.
(g) "Visitor" refers to any person in a
health care setting who is not an employee or patient of the health care
setting.
(2) Health care
practitioners and health care providers may choose to require a patient to wear
a facial covering only when the patient is in a common area of the health care
setting and is exhibiting signs or symptoms of or has a diagnosed infectious
disease that can be spread through droplet or airborne transmission.
(3) Health care practitioners and health care
providers may choose to require a visitor to wear a facial covering only when
the visitor is:
(a) Exhibiting signs or
symptoms of or has a diagnosed infectious disease that can be spread through
droplet or airborne transmission,
(b) In sterile areas of the health care
setting or an area where sterile procedures are being performed,
(c) In an in-patient or clinical room with a
patient who is exhibiting signs or symptoms of or has a diagnosed infectious
disease that can be spread through droplet or airborne transmission,
or
(d) Visiting a patient whose
treating health care practitioner has diagnosed the patient with or confirmed a
condition affecting the immune system in a manner which is known to increase
risk of transmission of an infection from visitors without signs or symptoms of
infection to a patient and whose treating practitioner has determined that the
use of facial coverings is necessary for the patient's safety.
(4) Opt-Out Requirements are as
follows:
(a) Health care practitioners and
health care providers who choose to require a facial covering for any patient
pursuant to (2) must include in the policy a provision for the opting-out of
wearing a facial covering. Such policy must be in accordance with the Florida
Patient Bill of Rights and Responsibilities, section
381.026, F.S.
(b) Health care practitioners and health care
providers who choose to require a facial covering for any visitor pursuant to
(3) must include in the policy a provision for the opting-out of wearing a
facial covering if an alternative method of infection control or infectious
disease prevention is available.
(5) Health care practitioners and health care
providers must allow an employee to opt out of facial covering requirements
unless an employee is:
(a) Conducting sterile
procedures,
(b) Working in a
sterile area,
(c) Working with a
patient whose treating health care practitioner has diagnosed the patient with
or confirmed a condition affecting the immune system in a manner which is known
to increase risk of transmission of an infection from employees without signs
or symptoms of infection to a patient and whose treating practitioner has
determined that the use of facial coverings is necessary for the patient's
safety,
(d) With a patient on
droplet or airborne isolation, or
(e) Engaging in non-clinical potentially
hazardous activities that require facial coverings to prevent physical injury
or harm in accordance with industry standards.
Rulemaking Authority
408.824 FS. Law Implemented
408.824
FS.