HB 1457

1	A bill to be entitled
2	An act relating to childhood vaccinations; amending s.
3	1003.22, F.S.; authorizing a parent or guardian to object
4	to immunizing a minor on philosophical grounds; requiring
5	that the parent or guardian sign a form in order to refuse
6	to vaccinate the minor; providing requirements for the
7	form; requiring that the parent or guardian periodically
8	sign a new form in order to continue the exemption;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (5) of section 1003.22, Florida
14	Statutes, is amended to read:
15	1003.22  School-entry health examinations; immunization
16	against communicable diseases; exemptions; duties of Department
17	of Health.--
18	(5)  The provisions of this section shall not apply if:
19	(a)  The parent or guardian of the child objects in writing
20	that the administration of immunizing agents conflicts with his
21	or her religious or philosophical tenets or practices. If the
22	parent or guardian objects on philosophical grounds, he or she
23	shall sign a refusal-to-vaccinate form, adopted by the American
24	Academy of Pediatrics, provided by a health care provider who is
25	licensed in this state and who, as part of his or her scope of
26	practice, administers childhood vaccinations. This form must
27	indicate that the parent or guardian has been informed by the
28	health care provider of the risks, benefits, and purposes of the
29	vaccinations and of the possible consequences of refusing to
30	vaccinate the child, using the vaccine-information statement
31	from the Centers for Disease Control and Prevention for each
32	vaccine that is declined. An exemption based on philosophical
33	grounds is valid for 2 years, and the parent or guardian must
34	sign a new refusal-to-vaccinate form in order to continue the
35	exemption;
36	(b)  A physician licensed under the provisions of chapter
37	458 or chapter 459 certifies in writing, on a form approved and
38	provided by the Department of Health, that the child should be
39	permanently exempt from the required immunization for medical
40	reasons stated in writing, based upon valid clinical reasoning
41	or evidence, demonstrating the need for the permanent exemption;
42	(c)  A physician licensed under the provisions of chapter
43	458, chapter 459, or chapter 460 certifies in writing, on a form
44	approved and provided by the Department of Health, that the
45	child has received as many immunizations as are medically
46	indicated at the time and is in the process of completing
47	necessary immunizations;
48	(d)  The Department of Health determines that, according to
49	recognized standards of medical practice, any required
50	immunization is unnecessary or hazardous; or
51	(e)  An authorized school official issues a temporary
52	exemption, for a period not to exceed 30 school days, to permit
53	a student who transfers into a new county to attend class until
54	his or her records can be obtained. A homeless child, as defined
55	in s. 1003.01, shall be given a temporary exemption for 30
56	school days. The public school health nurse or authorized
57	private school official is responsible for followup of each such
58	student until proper documentation or immunizations are
59	obtained. An exemption for 30 days may be issued for a student
60	who enters a juvenile justice program to permit the student to
61	attend class until his or her records can be obtained or until
62	the immunizations can be obtained. An authorized juvenile
63	justice official is responsible for followup of each student who
64	enters a juvenile justice program until proper documentation or
65	immunizations are obtained.
66	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.