HomeMy WebLinkAboutDBPR Emergency Order No. 20-002FILED
Department of Business and Professional Regulation
AGENCY CLERK
CLERK Ronda L. Bryan
Date 3/23/2020
File # 2020-02375
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
EMERGENCY ORDER 2020-02
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and presents with
symptoms similar to those of influenza; and
WHEREAS, the Governor issued Executive Order 20-52 on March 9, 2020, pursuant to
the authority vested in him by Article IV, Section 1(a) of the Florida Constitution, the State
Emergency Management Act, s. 252.31, Florida Statutes, et al., as amended, and all other
applicable laws, and declared a state of emergency for the State of Florida; and
WHEREAS, the Governor, in Executive Order Number 20-52, authorized each State
agency to suspend the provisions of any regulatory statute of that agency, if strict compliance
with that statute would in any way prevent, hinder, or delay necessary action in coping with this
emergency;
WHEREAS, the Secretary of the United States Department of Health and Human
Services (HHS) declared on March 2, 2020, that circumstances exist justifying the authorization
of emergency use of personal respiratory protective devices during the COVID-19 outbreak;
WHEREAS, the United States Food and Drug Administration thereafter issued an
Emergency Use Authorization (EUA) for emergency use of certain disposable filtering facepiece
respirators (FFRs) approved by the National Institute for Occupational Safety and Health
(NIOSH) that have passed the manufacturers' recommended shelf -life, for use in healthcare
settings by healthcare personnel to prevent wearer exposure to pathogenic biological airborne
particulates during FFR shortages resulting from the COVID-19 outbreak;
WHEREAS, Personal protective equipment (or "PPE") is equipment worn to minimize
exposure to hazards that cause serious workplace injuries or illnesses. Such equipment includes
WHEREAS, PPE for which the expiration date has passed is ordinarily considered an
adulterated device. § 499.006(9), Fla. Stat. (2019). Such an adulterated device is barred from
7,istribution, sale, or delivery. §§ 499.005(l) & (3), Fla. Stat. (2019).
WHEREAS, Given the ongoing state of emergency and the dangers posed by the
outbreak of COVID- 19, it is reasonable to believe that the known and potential benefits of PPE,
known an -ttial 4Qqks of IV,
NOW, THEREFORE, 1, HALSEY BESHEARS, Secretary of Florida's Department of
Business and Professional Regulation, pursuant to the authority granted by Executive Order No.
20-52, find the timely execution of the mitigation, response, and recovery aspects of the State's
emergency management plan, as it relates to COVID- 19, is negatively impacted by the
application of certain regulatory statutes related to the Department of Business and Professional
Regulation ("the Department"). Therefore, I order the following:
1. Accordingly, the provisions of section 499.006(9), Florida Statutes, as they relate to PPE are
hereby SUSPENDED for the duration of the declaration of a state of emergency as described
Executed this 23rd day of March, 2020, in Tallahassee, Leon County, Florida.
I -
W�IV V
"'103 a•XV�V�
-W[,J V
K
M'110�1=104
rr"Mrs r, M.
Filed on this date, with
receipt of which is hereby
acknowledged.