FL H1537

Creates s. 501.2106, F.S., making it a deceptive and unfair trade practice to publish non-medical solicitations (paid ads for non-medical professional services referencing drugs or devices) that fail to disclose "This is a paid advertisement for non-medical services," use misleading terms like "medical alert" or "recall," display government agency logos implying sponsorship, or omit warnings about not discontinuing prescribed medications without a doctor's advice

Requires non-medical solicitations involving FDA-approved drugs or devices to clearly disclose that the product remains FDA-approved unless it has been recalled or withdrawn

Creates s. 877.025, F.S., prohibiting the unauthorized use, sale, transfer, or disclosure of an individual's protected health information (as defined under federal HIPAA regulations) for the purpose of soliciting professional services without the individual's written authorization

Establishes tiered criminal penalties for protected health information violations: willful and knowing violations constitute a first-degree misdemeanor; violations committed with intent to sell, transfer, or use the information for financial gain constitute a second-degree felony with up to 10 years imprisonment and fines between $10,000 and $250,000

Exempts disclosures of protected health information to attorneys for use in judicial or administrative proceedings, or any use or disclosure otherwise authorized or required by law; the general provisions take effect July 1, 2022, with the health information protections taking effect October 1, 2022