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Tallahassee, Fla. —
STATE OF FLORIDA DEPARTMENT OF HEALTH
SUSPENSION OF STATUTES, RULES AND
ORDERS, MADE NECESSARY BY
HURRICANE DORIAN.
DOH No. 19-001
EMERGENCY ORDER
Pursuant to the authority granted by Executive Order Numbers 19-189 and 19-190, I find that strict compliance with the provisions of certain statutes regulated by the Florida Department of Health will prevent, hinder, or delay necessary action in coping with the emergency caused by Hurricane Dorian. In order to effectively respond to the severe threat posed by Hurricane Dorian it is necessary to promulgate the following:
For the purposes of preparing for, responding to, and mitigating any effect of Hurricane Dorian, the provisions of chapters 499 and 465, Florida Statutes, and rules promulgated thereunder, that if applied, would operate to limit distribution, dispensing, or administration of otherwise legitimate prescription drugs in a manner that could hinder, prevent, or delay mitigation of any health-related condition are suspended for a period of thirty days, unless extended. This paragraph does not affect any law governing any controlled substance as that term is defined in chapter 893, Florida Statutes.
For the purposes of preparing for, responding to, and mitigating any effect of Hurricane Dorian, the Department of Health shall authorize reporting extensions in accordance with section 893.055(3)(a), Florida Statutes, by a dispenser located in an area or county included in Executive Order Numbers 19-189 and 19-190, for up to thirty days, unless extended.
For the purposes of preparing for, responding to, and mitigating any effect of Hurricane Dorian the requirements of Chapter 287, Florida Statutes, and Florida Administrative Code Chapters 60A-1, are hereby suspended for a period of thirty days, unless extended.
For the purposes of preparing for, responding to, and mitigating any effect of Hurricane Dorian the requirements for background screening or contracted employees pursuant to Department of Health Policy 60-5-15, are hereby suspended for a period of thirty days, unless extended.
For the purposes of preparing for, responding to, and mitigating any effect of Hurricane Dorian, and in accordance with section 465.019(2)(b), Florida Statutes, a Class II institutional pharmacy located in an area or county included in Executive Order Numbers 19-189 and 19-190, may provide dispensing and consulting services who are not patients of the institution.
Because section 252.36(5)(a), Florida Statutes, allows the Governor to suspend the provisions of “any regulatory statute prescribing the procedures for [the] conduct of state business,” and because Section 4. B. of Executive Order Numbers 19-189 and 19-190, provides the State Surgeon General with the authority to issue this Emergency Order, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to this Order.
The effective dates of this Order shall correspond with the effective dates of Executive
Order Numbers 19-189 and 19-190.
Executed this 30th day of August 2019, in Department of Health Offices, Tallahassee, Leon County, Florida.
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Originally published at https://www.floridahealth.gov/newsroom/2019/08/083019-fdoh-emergency-order-hurricane-dorian.pr.html
