Face Mask Policy

Emergency Rule – 59AER23-2 Chapter 408.824, F.S.- Face Covering Update

Agency for Health Care Administration is mandated by Chapter 2023-043, Laws of Florida, to adopt emergency rules to implement section 408.824, Florida Statutes. This emergency rule establishes facial covering requirements for health care practitioners and health care providers, which includes ALFs.

ALFs will be required to have facial covering policies and procedures effective immediately.

Resident Requirements:

No resident may be required to wear facial covering unless the resident’s health care practitioner/health care provider requires the resident to wear facial covering only when the resident is in a common area and is exhibiting signs or symptoms of or has a diagnosed infectious disease that can be spread through droplet or airborne transmission.

Visitor Requirements:

No visitor may be required to wear facial covering, unless it is required by a healthcare provider, if the visitor is:

  • Exhibiting signs or symptoms of or has a diagnosed infectious disease that can be spread through droplet or airborne transmission.
  • Is in a sterile area of the health care setting or an area where sterile procedures are being performed,
  • Is 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
  • Is visiting a resident, whose healthcare provider has diagnosed the resident with or confirmed a condition affecting the immune system. The condition is known to increase the risk of transmission of an infection from employees without signs and symptoms of infection to a resident. The resident’s healthcare practitioner has determined that the use of facial covering is necessary for the resident’s safety.

Opt-Out Requirements:

  1. The facility’s facial covering policy and procedures must have a provision for opting-out of wearing the facial covering, even when the resident’s healthcare provider requires the resident to wear one.
  2. The facility’s facial covering policy and procedures must have a provision for visitors to opt-out of wearing facial covering if an alternative method of infection control or infectious disease prevention is available.
  3. The facility’s facial covering policy and procedures must have provisions for employees to opt-out of wearing facial covering, unless the employee is:

    1. Conducting sterile procedures,
    2. Working in a sterile area,
    3. Working with a resident, whose healthcare provider has diagnosed the resident with or confirmed a condition affecting the immune system. The condition is known to increase the risk of transmission of an infection from employees without signs and symptoms of infection to a resident. The resident’s healthcare practitioner has determined that the use of facial covering is necessary for the resident’s safety,
    4. Working with a resident on droplet or airborne isolation, or
    5. Engaging in non-clinical potentially hazardous activities that require facial coverings to prevent physical injury or harm in accordance with industry standards.

If you have any questions, please contact FALA at 850-383-1159