2026 Legislative Report

  
The 2026 Florida Legislative Session has been intriguing, and it’s not over. Of the 1,923 bills filed, only 237 passed both chambers. However, the budget, which is the only constitutionally required action item, was not passed. The Legislature officially adjourned sine die at 3:15 p.m. on Friday, March 13, and will reconvene in mid-April to discuss the budget. 
 

BILLS THAT PASSED

Naturopathy
(HB 223 by Rep. Smith and SB 688 by Sen. Rodriguez)

The naturopathy bill modernizes Florida’s regulation of naturopathic medicine, establishes clear licensure requirements, establishes a new board, and brings back a class of providers that have not been able to practice in Florida since 1959. This bill did not gain much traction until the last few weeks of session. Inherently, this bill does not expand scope of practice. However, it legitimizes yet another group of providers that will, without fail, come back in several years for more privileges and expansions to their practice. The FMA actively opposed this bill and will work to persuade the Governor to veto this ill-advised legislation.
 

Sickle Cell Disease Education
(HB 353 by Rep. Hunchofsky and SB 844 by Sen. Jones) 

As originally filed, this bill would have required all physicians to take a mandatory CME course on sickle cell disease care management. While sickle cell disease is a serious disorder that deserves attention and education, the FMA is against additional mandatory CME for Florida physicians. The FMA worked closely with bill sponsors to remove the standalone CME mandate and the bill was amended to include sickle cell education in the already mandated controlled substance course.   
 

Temporary Certificates for Practice Areas of Critical Need
(HB 809 by Rep. Benarroch and SB 1480 by Sen. Burton) 

The FMA met extensively on this issue prior to the 2026 Legislative Session. When these bills were filed, they were very different. At its inception, HB 809 would authorize temporary certificate holders to apply for licensure by endorsement if they meet new practice duration, board examination, and recommendation requirements. It would have allowed certain physicians who have continuously practiced under a temporary certificate to pursue licensure by endorsement and provide criteria for national exam scores or equivalent board-approved exams. HB 809 would have permitted the Board of Medicine to issue licenses to applicants with no disciplinary actions, sufficient continuing education, and compliance with quality standards. Finally, it would enable rulemaking to define procedures for verification and documentation of these expanded licensure pathways. The FMA had concerns about these expanded licensure pathways and believes that if someone wants to hold a full license, the same test and standards need to be applied to all. However, Sen. Burton’s bill, SB 1480, permits certificate holders who established a primary care treatment relationship by Jan. 1, 2026, in an area designated as critical need to continue practicing there if the area’s designation is later lost. It would require each board to review the temporary certificate holders at least annually and revoke or restrict the certificate if minimum practice requirements are not met. Rep. Benarroch amended her bill to match Sen. Burton’s bill, which put it in a posture that the FMA could support.
 

Health Care Patient Protection
(HB 355 by Rep. Oliver and SB 68 by Rep Harrell) 

This bill mandates new pediatric emergency care protocols in hospital emergency departments and requires public disclosure of readiness assessments. This bill had strong bipartisan support and did not receive any “no” votes in either chamber.
 

Safety Design Standards for Office Surgery Suites
(HB 1175 by Rep. Redondo and SB 1526 by Sen. Rodriguez) 

If you were teaching the proper way to pass a bill, this is not the example you would use in your civics class. Pushed by the hospitals, this bill requires the Florida Building Commission and State Fire Marshal to establish alternative safety design standards for office surgery suites by Oct. 1, 2026. The bill made its way through each of its House committees, passed the House floor and then was referred to and passed out of the Senate Rules Committee. Due to this rarely used process, HB 1175 was able to bypass its first two assigned committee stops and go straight to Senate Rules. After passing out of the Senate Rules Committee, HB 1175 was sent to the Senate floor, where it passed unanimously.
 

Florida Birth-Related Neurological Injury Compensation Association
(HB 1291 by Rep. Anderson and SB 1668 by Sen. Burton) 

This legislation aims to revise the statutory provisions relating to the financial oversight of the Florida Birth-Related Neurological Injury Association, to provide certainty as to how the assessment process works should NICA become insolvent, to codify a settlement agreement involving the Plan and the state Medicaid program, and to clarify how NICA is to administer the program and report to the Office of Insurance Regulation.

While the details of the House and Senate bills differed until the last week of session, the FMA worked to ensure that there was no increase in the $250 annual assessment, and that the current law that allows for a special assessment in case of insolvency was not changed in a manner that unfairly burdens physicians. 

The final bill language approved by both chambers clarifies that NICA must submit quarterly updated claims estimates to OIR, must calculate whether the plan is actuarily sound, and if the plan is not actuarily sound, NICA must immediately notify OIR.  OIR must review NICA’s calculations and determine whether to initiate an actuarial valuation.  If OIR determines that the Plan lacks adequate cash flow for the following fiscal year, it must authorize a transfer of up to $20 million from the Insurance Regulatory Trust Fund.  If OIR finds that the plan is not likely to return to actuarial soundness before the next biennial review, it shall issue a special assessment.  First, certain casualty insurance companies shall be assessed on the basis of net direct written premiums.  If this assessment doesn’t return the Plan to actuarial soundness, the assessment on non-exempt hospitals, plan participants and non-exempt non-participating physicians will be increased on a proportional basis calculated to generate a total amount no greater than the amount required to maintain the plan on an actuarial sound basis. 

The important takeaway from this bill is that it does not authorize new assessments. NICA has always had the authority to assess in case of insolvency, but this bill codifies the order in which they are allowed in the event NICA becomes actuarially unsound. 
 

Drug Price and Coverage
(HB 697 by Rep. Kincart Jonsson and SB 1760 by Sen. Brodeur)

HB 697 and SB 1760 were not originally companions but became companions though the amendment process. While this bill does not overhaul PBM regulation, it adds targeted protections for pharmacies and limits certain PBM behaviors that lawmakers believe contribute to pharmacy losses or unfair drug coverage decisions. If a PBM denies a claim, sets an unfair reimbursement price, or makes another adverse decision, the pharmacy must be able to challenge the decision through a defined appeal procedure. PBMs cannot steer patients or exclude drugs under conditions in which the law prohibits. 

Additionally, the amended bill revises the term “pharmacy benefits plan or program” to exclude a plan or program that exclusively serves a PACE (Program of All-Inclusive Care for Elders) organization. Most notably, this bill was amended to restore the income eligibility for the ADAP to 400% of the federal poverty level to June 30, 2026.

BILLS THAT FAILED

Scope of Practice
The House ran an extensive campaign to increase scope of practice this year. The following bills were heard in the House but never received a hearing in the Senate.

 

  • Advanced Practice Registered Nurse Autonomous Practice (HB 301 by Rep. Shoaf and SB 138 by Sen. Truenow) 
    Would have authorized certain advanced practice registered nurses to engage in autonomous mental health practice. 

  • Autonomous Practice by a Certified Nurse Anesthesiologist (HB 375 by Rep. Giallombardo and SB 462 by Sen. Rodriguez) 
    Would have authorized certified nurse anesthetists to practice anesthesia services autonomously.

  • Acupuncture (HB 169 by Rep. Alvarez and SB 672 by Sen. Calatayud) 
    Would have modernized Florida’s acupuncture statutes by updating definitions, licensure qualifications, and continuing education requirements while removing outdated references. 

  • Physician Assistants (SB 668 by Sen. Truenow) 
    Would have expanded physician assistants’ authority by allowing without physician supervision if specific qualifications are met.

  • Prescribing Authority for Physician Assistants (HB 683 by Rep. Partington and SB 374 by Sen. Truenow)
    Would have expanded prescribing authority for physician assistants and advanced practice registered nurses while allowing them to practice without direct physician supervision during certain declared emergencies. 

  • Practice of Chiropractic Medicine (HB 439 by Rep. Cobb and SB 1524 by Sen. Simon) 
    Would have expanded the scope of practice to allow prescribing and administration of certain substances. 

RIGHTS

The 2026 session had several bills affecting the rights of various populations. These bills did not pass this session. 

  • Civil Liability for the Wrongful Death of an Unborn Child (HB 289 by Rep. Greco and SB 164 by Rep. Grall) 
    The House version of the bill would have expanded the wrongful death actions to include unborn children while limiting liability for mothers and healthcare providers and specifying recoverable damages for parents. The Senate version includes unborn children under wrongful death claims while prohibiting actions against mothers and medical providers providing lawful care. HB 289 passed off of the House floor but only made it through two of the three committee stops in the Senate. This bill ultimately died in committee. 

  • Parental Rights (HB 173 by Rep. Kendall and SB 166 by Sen. Grall) 
    HB 173 and SB 166 would have expanded parental rights in minors’ healthcare and school-related decision-making by requiring explicit parental consent for many services and increasing parents’ authority over information shared with their children. The House bill passed every committee but was never heard in the Senate. The FMA opposed this bill because asking children to ask their parents for permission to have their STDs treated can have problematic consequences, especially if the STD was caused by the parent. 

  • Medical Freedom (SB 1756 by Sen. Yarborough) Vaccines were a hot topic this session. In early September, the Florida Surgeon General announced the state would move to end vaccine mandates as they infringe on parental rights. Seven vaccines are mandated by Florida statute, but ultimately it was the four vaccines that are mandated by the Department of Health rulemaking process that are under scrutiny. In December 2025, the Department of Health held a public rule development workshop about potentially changing Florida’s vaccine requirements for school and daycare attendance. With that background, massive vaccine overhaul bills were expected. Only four vaccine bills were filed. Sen. Yarborough and Rep. Black filed identical medical conscience bills that were never heard in any committee. Rep. Holcomb filed HB 917, which would prohibit discrimination based on vaccination status, expand parental choice for minors’ vaccines, and allow pharmacists to provide ivermectin without a prescription. This bill was also never heard in any committee. 

    Senator Yarborough filed SB 1756, the Medical Freedom bill,  the only vaccine bill that was heard in any committee. This bill would have allowed parents to opt out of the school immunization requirements for reasons of conscience in addition to the currently allowed medical and religious exemption. Additionally, this bill would have authorized over-the-counter ivermectin sales. An amendment was adopted that makes it unlawful for a vaccine manufacturer to offer or pay a commission, bonus, kickback, or rebate, directly or indirectly, in cash or in kind, for the administration of a vaccine. While a divided Senate passed this legislation, it was never taken up by the House. It is possible that this issue will be brought back up in a special session later in the year. 

  • Patient Access to Records (HB 1309 by Rep. Booth and SB 1140 by Sen. Grall) 
    Of the two bills, SB 1309 was the only bill that moved. This bill would have streamlined patient access to medical records by imposing new timelines for record delivery, permitting electronic formats, and clarifying who may request records. While this bill did not move in the Senate, it passed all committee stops and the floor of the House.

OTHER BILLS THAT FAILED

  • Mandatory Human Reviews of Insurance Claim Denials (HB 527 by Rep. Cassel and SB 202 by Sen. Bradley) 
    This bill would have required qualified human professionals to review and finalize any decision reducing or denying insurance claims, rather than relying solely on algorithmic or artificial intelligence systems. The FMA worked to amend this bill so that the “qualified human professional” would be a physician. Ultimately this bill died in committee. 
  • Protection from Surgical Smoke (HB 93 by Reps. Woodson and Eskamani and SB 162 by Sen. Davis) 
    This bill would require hospitals and ambulatory surgical centers to use smoke evacuation systems during surgical procedures that generate surgical smoke. Ultimately, this bill died in committee. 

  • Professional Use of Nursing Titles (HB 237 by Rep. Salzman and SB 36 by Sen. Sharief) 
    This bill caused a lot of conversation and some confusion in the medical community. Current law allows the use of Doctor of Nursing Practice and Doctor of Philosophy by titleholders to call themselves “doctor.” HB 237 and SB 36 require D.N.P. or Ph.D. titleholders to indicate what they are a doctor of. An amendment was proffered that would attach criminal penalties to those who did not properly identify themselves. This amendment caused disagreement amongst stakeholders and is what ultimately stalled this bill. 

  • Education on Congenital Cytomegalovirus (HB 1203 by Rep. Skidmore and SB 1414 by Sen. Polsky) 
    This bill would have required the development of educational materials on congenital cytomegalovirus and mandated related continuing education for certain healthcare practitioners. Due to its educational piece and the removal of the mandatory CME, the FMA supported this bill. SB 1414 passed through two of three committee stops but did not receive a hearing in the House. Ultimately this bill died in committee. 

  • Ambulatory Surgical Center (HB 1207 by Rep. Oliver and SB 1156 by Sen. Trumbull) 
    The proponents of this legislation aimed to establish a new chapter for the regulation of ambulatory surgical centers separate from the chapter that regulates hospitals.  The House completely gutted this bill in committee and passed its version off the floor, while the original Senate version never made it out of the Fiscal Policy Committee.