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Masks-at-medical-places
We have the right to refuse any medical treatment or intervention including: wearing a mask, temperature check, taking a vaccine or any other medical intervention. They do not have the right to refuse medical treatment if we do not consent to any of the above. Here are a list of the laws that protect us in the state of Florida. I recommend reading it out loud or having them read it.
AHA Patient’s Bill of Rights
https://www.americanpatient.org/aha-patients-bill-of-rights/
NOTE: Important Points 1, 3, 6, 13
(1) The patient has the right to considerate and respectful care.
(3) …”The patient is entitled to the opportunity to discuss and request information related to the specific procedures and/or treatments, the risks involved, the possible length of recuperation, and the medically reasonable alternatives and their accompanying risks and benefits.
(6) “The patient has the right to… refuse a recommended treatment or plan of care to the extent permitted by law and hospital policy and to be informed of the medical consequences of this action. In case of such refusal, the patient is entitled to other appropriate care and services that the hospital provides”.
(13) “The patient has the right to consent to or decline to participate in proposed research studies or human experimentation affecting care and treatment or requiring direct patient involvement and to have those studies fully explained prior to consent. A patient who declines to participate in research or experimentation is entitled to the most effective care that the hospital can otherwise provide.”
RIGHTS OF PATIENTS FLORIDA
Individual dignity.—
1. The individual dignity of a patient must be respected at all times and upon all occasions.
2. Every patient who is provided health care services retains certain rights to privacy, which must be respected without regard to the patient’s economic status or source of payment for his or her care. The patient’s rights to privacy must be respected to the extent consistent with providing adequate medical care to the patient and with the efficient administration of the health care facility or provider’s office. However, this subparagraph does not preclude necessary and discreet discussion of a patient’s case or examination by appropriate medical personnel.
3. A patient has the right to a prompt and reasonable response to a question or request. A health care facility shall respond in a reasonable manner to the request of a patient’s health care provider for medical services to the patient. The health care facility shall also respond in a reasonable manner to the patient’s request for other services customarily rendered by the health care facility to the extent such services do not require the approval of the patient’s health care provider or are not inconsistent with the patient’s treatment.
2. A patient in a health care facility has the right to know what patient support services are available in the facility.
3. A patient has the right to be given by his or her health care provider information concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis, unless it is medically inadvisable or impossible to give this information to the patient, in which case the information must be given to the patient’s guardian or a person designated as the patient’s representative. A patient has the right to refuse this information.
4. A patient has the right to refuse any treatment based on information required by this paragraph, except as otherwise provided by law. The responsible provider shall document any such refusal.
A patient has the right to be given by the health care provider information concerning diagnosis, planned course of treatment, alternatives, risks, and prognosis.
A patient has the right to refuse any treatment, except as otherwise provided by law.
766.103 Florida Medical Consent Law.—
(1) This section shall be known and cited as the “Florida Medical Consent Law.”
(2) In any medical treatment activity not covered by s. 768.13, entitled the “Good Samaritan Act,” this act shall govern.
(3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, dentist licensed under chapter 466, advanced practice registered nurse licensed under s. 464.012, or physician assistant licensed under s. 458.347 or s. 459.022 in an action brought for treating, examining, or operating on a patient without his or her informed consent when:
(a)1. The action of the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community as that of the person treating, examining, or operating on the patient for whom the consent is obtained; and
2. A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians, osteopathic physicians, chiropractic physicians, podiatric physicians, or dentists in the same or similar community who perform similar treatments or procedures; or
(b) The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in accordance with the provisions of paragraph (a).
(4)(a) A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent.
(b) A valid signature is one which is given by a person who under all the surrounding circumstances is mentally and physically competent to give consent.
DISCRIMINATION
I may NOT be discriminated against based on my religious beliefs, age, gender, ethnicity or disability. I am PROTECTED by Federal and State Civil Law . There are no laws state or federal that say I must wear a face covering, must have my temperature taken, or take any unknown foreign substances into my body without informed content.
Public Accommodation
It is ILLEGAL for you or another employee to prohibit someone to enter this establishment, which is a place of public accommodation. U.S. Federal Civil Rights Law, Title II requires free and equal access to all services and facilities WITHOUT DISCRIMINATION.
The Civil Rights Act of 1964 Sections 703 A(1)(2).
You are not permitted by law from discriminating against an individual based on age, gender, ethnicity, medical condition or religious beliefs. The U.S. Department of Justice, Civil Rights Division is required to investigate complaints of discrimination.
Florida Penal Code 760.08
https://www.flsenate.gov/laws/statutes/2011/760.08
760.08 Discrimination in places of public accommodation.—All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this chapter, without discrimination or segregation on the ground of race, color, national origin, sex, handicap, familial status, or religion.
False Imprisonment
Penal Code: 787.02
https://www.flsenate.gov/Laws/Statutes/2016/787.02
It is ILLEGAL for you or another employee to block someone’s entry to your establishment. This is a place of public accommodation and as such, no person may be prevented entry when this establishment is open to the public. Attempting to prevent someone’s entry to this establishment or to restrict,
detain or confine their movement constitutes FALSE IMPRISONMENT
(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.
(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.
(2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Assault
Florida Penal Code: 784.011
https://www.flsenate.gov/Laws/Statutes/2012/784.011
Any attempt by you or an employee to summon law enforcement with a claim of “trespassing” will be reported as ASSAULT by you or your employee. You or your employee can be charged with and convicted of assault. There is NO VALID CLAIM of TRESPASS because:
a. your business establishment is open to the public
b. this business has extended an irrevocable license to the public for entry
c. the patron has entered legally and has not interfered with the business
d. there has been no evidence of violation.
If you are wearing a mask while engaged in any of the above violations, this
aggravates your crime.
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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