Florida Gov. Ron DeSantis Signs Healthcare Worker Conscience Protections into Law

A new Florida law allows healthcare workers to exercise “conscience-based objections” based on sincerely held religious, moral, or ethical beliefs.

Florida Gov. Ron DeSantis (R) signed the Physicians Freedom of Speech bill, Senate Bill 1580, on Thursday in addition to three other pieces of legislation the governor’s office says will provide “permanent protections for Floridians from the ‘Biomedical Security State.”‘

SB 1580 allows health care providers and health care payors to have the right to opt out of participation or payment for certain health care services on the basis of conscience-based objections. The bill defines conscience-based objections with respect to “governing documents; any published ethical,  moral, or religious guidelines or directives; mission statements; constitutions; articles of incorporation; bylaws; policies; or regulations.”

“It is the intent of the Legislature to provide the right of medical conscience for healthcare providers and payors to ensure they can care for patients in a manner consistent with their moral, ethical, and religious convictions. Further, it is the intent of the Legislature that licensed healthcare providers and payors be free from threat of discrimination for providing conscience-based health care,” the bill reads. 

The bill provides whistleblower protections for health care providers and health care payors “that take certain actions or disclose certain information relating to the reporting of certain information.” The new law also prohibits medical boards and the Department of Health from taking disciplinary action against or denying a license to an individual based solely on their conscience objections. The bill specifies requirements for healthcare providers to document their conscience objections. 

SB 1580 by @jaytrumbull, signed into law today by @GovRonDeSantis, ensures health care professionals can exercise their moral, ethical, and religious convictions free from discrimination. pic.twitter.com/4v6k0fahno

— Florida Senate (@FLSenate) May 11, 2023

The Tampa Bay Times noted that “between state and federal law, Florida medical providers already have conscience protections when it comes to providing abortions and prescribing contraception. But the bill opens the door for doctors to turn down any procedure if it goes against their conscience.”

“[House sponsor Rep. Joel Rudman], a doctor, has said the bill is his ‘entire reason for being here in the Florida Legislature.’ Rudman said he was investigated by the American Board of Medicine after he posted online about his objections to COVID restrictions and the guidance of Anthony Fauci, who was then the White House’s chief medical adviser,” according to the report. 

Alliance Defending Freedom (ADF), a legal organization that fights for religious freedom, free speech, the sanctity of life, marriage, and family, and parental rights, celebrated the bill’s passage as a “strong step.” 

“Americans shouldn’t be forced to violate their ethical and religious beliefs, and this certainly includes doctors, nurses, and other medical providers. Thankfully, SB 1580 is a strong step in outlining comprehensive protections in Florida law for medical conscience and freedom of speech for medical providers,” ADF Legal Counsel Stephanie Nichols said in a statement. “The legislation ensures that medical professionals aren’t compelled to breach their oath to ‘do no harm’ by being required to participate in procedures or treatments that violate their conscience.” 

“Forcing doctors, nurses, and other medical providers to choose between their faith or their profession will drive many from the workforce and lead to fewer health care options for patients at a time when our nation’s health care system is overstretched and experiencing a dire shortage of providers,” Nichols continued.” We’re grateful to Gov. DeSantis and the Florida Legislature for protecting free speech rights for medical professionals and the right for them to live in accordance with their ethical and religious beliefs as they offer their much-needed services.”

DeSantis additionally signed SB 252, which prohibits businesses and governmental entities from requiring proof of vaccination or post-infection recovery from any disease to gain access to those entities. The bill also prohibits employers from “refusing employment to or discharging, disciplining, demoting, or otherwise discriminating against an individual solely on the basis of vaccination or immunity status,” according to the governor’s office. 

He also signed HB 1387 banning “gain of function” research” and SB 238 which provides an exemption from public records requirements for certain information to protect from discrimination based on health care choices. 

“Our early actions during the pandemic protected Floridians and their freedoms,” DeSantis said in a statement. “We protected the rights of Floridians to make decisions for themselves and their children and rejected COVID theater, narratives, and hysteria in favor of truth and data. These expanded protections will help ensure that medical authoritarianism does not take root in Florida.”