Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 242
Barcode 967198
LEGISLATIVE ACTION
Senate . House
Comm: RE .
04/01/2009 .
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The Committee on Health Regulation (Bennett) recommended the
following:
1 Senate Amendment to Amendment (637266) (with title
2 amendment)
3
4 Between lines 197 and 198
5 insert:
6 Section 2. Paragraph (e) of subsection (1) of section
7 381.003, Florida Statutes, is amended to read:
8 381.003 Communicable disease and AIDS prevention and
9 control.—
10 (1) The department shall conduct a communicable disease
11 prevention and control program as part of fulfilling its public
12 health mission. A communicable disease is any disease caused by
13 transmission of a specific infectious agent, or its toxic
14 products, from an infected person, an infected animal, or the
15 environment to a susceptible host, either directly or
16 indirectly. The communicable disease program must include, but
17 need not be limited to:
18 (e) Programs for the prevention and control of vaccine
19 preventable diseases, including programs to immunize school
20 children as required by s. 1003.22(3)-(12) s. 1003.22(3)-(11)
21 and the development of an automated, electronic, and centralized
22 database or registry of immunizations. The department shall
23 ensure that all children in this state are immunized against
24 vaccine-preventable diseases. The immunization registry shall
25 allow the department to enhance current immunization activities
26 for the purpose of improving the immunization of all children in
27 this state.
28 1. Except as provided in subparagraph 2., the department
29 shall include all children born in this state in the
30 immunization registry by using the birth records from the Office
31 of Vital Statistics. The department shall add other children to
32 the registry as immunization services are provided.
33 2. The parent or guardian of a child may refuse to have the
34 child included in the immunization registry by signing a form
35 obtained from the department, or from the health care
36 practitioner or entity that provides the immunization, which
37 indicates that the parent or guardian does not wish to have the
38 child included in the immunization registry. The decision to not
39 participate in the immunization registry must be noted in the
40 registry.
41 3. The immunization registry shall allow for immunization
42 records to be electronically transferred to entities that are
43 required by law to have such records, including schools,
44 licensed child care facilities, and any other entity that is
45 required by law to obtain proof of a child’s immunizations.
46 4. Any health care practitioner licensed under chapter 458,
47 chapter 459, or chapter 464 in this state who complies with
48 rules adopted by the department to access the immunization
49 registry may, through the immunization registry, directly access
50 immunization records and update a child’s immunization history
51 or exchange immunization information with another authorized
52 practitioner, entity, or agency involved in a child’s care. The
53 information included in the immunization registry must include
54 the child’s name, date of birth, address, and any other unique
55 identifier necessary to correctly identify the child; the
56 immunization record, including the date, type of administered
57 vaccine, and vaccine lot number; and the presence or absence of
58 any adverse reaction or contraindication related to the
59 immunization. Information received by the department for the
60 immunization registry retains its status as confidential medical
61 information and the department must maintain the confidentiality
62 of that information as otherwise required by law. A health care
63 practitioner or other agency that obtains information from the
64 immunization registry must maintain the confidentiality of any
65 medical records in accordance with s. 456.057 or as otherwise
66 required by law.
67 Section 3. Paragraph (b) of subsection (3) of section
68 1002.20, Florida Statutes, is amended to read:
69 1002.20 K-12 student and parent rights.—Parents of public
70 school students must receive accurate and timely information
71 regarding their child’s academic progress and must be informed
72 of ways they can help their child to succeed in school. K-12
73 students and their parents are afforded numerous statutory
74 rights including, but not limited to, the following:
75 (3) HEALTH ISSUES.—
76 (b) Immunizations.—The parent of any child attending a
77 public or private school shall be exempt from the school
78 immunization requirements upon meeting any of the exemptions in
79 accordance with the provisions of s. 1003.22(6) s. 1003.22(5).
80 Section 4. Paragraph (a) of subsection (6) of section
81 1002.42, Florida Statutes, is amended to read:
82 1002.42 Private schools.—
83 (6) IMMUNIZATIONS.—The governing authority of each private
84 school shall:
85 (a) Require students to present a certification of immunization
86 in accordance with the provisions of s. 1003.22(3)-(12) s.
87 1003.22(3)-(11).
88
89 ================= T I T L E A M E N D M E N T ================
90 And the title is amended as follows:
91 Delete line 215
92 and insert:
93 administration of multiple vaccines; amending ss.
94 381.003, 1002.20, and 1002.42, F.S.; conforming cross
95 references; providing an effective