Florida Senate - 2009                              CS for SB 242
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Ring and Fasano
       
       
       
       586-05178-09                                           2009242c1
    1                        A bill to be entitled                      
    2         An act relating to human vaccinations; amending s.
    3         499.005, F.S.; prohibiting the sale, purchase,
    4         manufacture, delivery, importation, administration,
    5         and distribution of certain vaccines containing
    6         organic or inorganic mercury compounds in excess of a
    7         certain amount; amending s. 1003.22, F.S.; revising
    8         requirements for the administration of certain
    9         vaccines required for school entry; authorizing a
   10         parent, legal guardian, or authorized person to choose
   11         an alternative immunization schedule under certain
   12         conditions; requiring licensed health care providers
   13         to provide certain vaccine information statements to
   14         parents, legal guardians, and legal representatives
   15         before the administration of certain vaccines to
   16         children; requiring health care providers to obtain a
   17         signed statement from parents, legal guardians,
   18         authorized persons, and legal representatives
   19         documenting that the vaccine information statements
   20         are provided; specifying the required contents of the
   21         signed statement; requiring health care providers to
   22         record the lot number of each vaccine on the signed
   23         statement or a permanent office log; requiring health
   24         care providers to maintain certain records; providing
   25         for application of the act to certain vaccine
   26         information statements; authorizing the use of a
   27         single signed statement for the administration of
   28         multiple vaccines under certain circumstances;
   29         amending ss. 381.003 and 1002.42, F.S.; conforming
   30         cross-references; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (30) is added to section 499.005,
   35  Florida Statutes, to read:
   36         499.005 Prohibited acts.—It is unlawful for a person to
   37  perform or cause the performance of any of the following acts in
   38  this state:
   39         (30)The sale, purchase, manufacture, delivery,
   40  importation, administration, or distribution of any human
   41  vaccine used for children under age 6 or pregnant women which
   42  contains any organic or inorganic mercury compound in excess of
   43  0.1 microgram per milliliter.
   44         Section 2. Present subsections (6) through (11) of section
   45  1003.22, Florida Statutes, are renumbered as subsections (8)
   46  through (13), respectively, and new subsections (6) and (7) are
   47  added to that section, to read:
   48         1003.22 School-entry health examinations; immunization
   49  against communicable diseases; exemptions; duties of Department
   50  of Health.—
   51         (6)In vaccinating his or her child, a parent, legal
   52  guardian, or other authorized person, in consultation with his
   53  or her pediatrician, has the right to choose an alternative
   54  immunization schedule to the immunization schedule recommended
   55  by the Centers for Disease Control and Prevention, as long as
   56  the child completes the required immunizations before beginning
   57  kindergarten or initial entry into a public or private school,
   58  whichever occurs earlier.
   59         (7)Before administration of a vaccine for an immunization
   60  required by this section, a licensed health care provider must:
   61         (a)Provide the child’s parent, legal guardian, or other
   62  legal representative with a copy of the current vaccine
   63  information statement published about the vaccine by the Centers
   64  for Disease Control and Prevention of the United States
   65  Department of Health and Human Services.
   66         (b)Have the child’s parent, legal guardian, authorized
   67  person, or other legal representative sign a statement in
   68  substantially the following form:
   69  
   70  I have received a copy of the vaccine information statement
   71  published by the Centers for Disease Control and Prevention. I
   72  have read or have had explained to me information about the
   73  vaccine to be administered, the benefits and risks of the
   74  vaccine, how to report an adverse reaction, the availability of
   75  the National Vaccine Injury Compensation Program, and how to
   76  obtain more information about childhood diseases and vaccines. I
   77  understand the benefits of the vaccine and ask that the vaccine
   78  be administered to ...(name of child)..., for whom I am
   79  authorized to make this request.
   80         Signature: ...(signature)....
   81         Name: ...(printed name of parent, legal guardian,
   82         authorized person, or other legal representative)....
   83         Date: ...(date)....
   84  
   85         (c)Keep a copy of the parent’s, legal guardian’s,
   86  authorized person’s, or legal representative’s signed statement
   87  as part of the child’s permanent medical record.
   88         (d)Record a notation on the statement or on a permanent
   89  office log of the lot number for each vaccine administered to
   90  the child.
   91  
   92  This subsection applies to each vaccine information statement
   93  published by the Centers for Disease Control and Prevention,
   94  whether or not the statement is covered by the federal National
   95  Vaccine Injury Compensation Program, 42 U.S.C. s. 300aa-26. If
   96  the Centers for Disease Control and Prevention publish a vaccine
   97  information statement that covers multiple vaccines, the health
   98  care provider may have the child’s parent, legal guardian,
   99  authorized person, or other legal representative sign a single
  100  statement for the vaccines covered by the vaccine information
  101  statement.
  102         Section 3. Paragraph (e) of subsection (1) of section
  103  381.003, Florida Statutes, is amended to read:
  104         381.003 Communicable disease and AIDS prevention and
  105  control.—
  106         (1) The department shall conduct a communicable disease
  107  prevention and control program as part of fulfilling its public
  108  health mission. A communicable disease is any disease caused by
  109  transmission of a specific infectious agent, or its toxic
  110  products, from an infected person, an infected animal, or the
  111  environment to a susceptible host, either directly or
  112  indirectly. The communicable disease program must include, but
  113  need not be limited to:
  114         (e) Programs for the prevention and control of vaccine
  115  preventable diseases, including programs to immunize school
  116  children as required by s. 1003.22 s. 1003.22(3)-(11) and the
  117  development of an automated, electronic, and centralized
  118  database or registry of immunizations. The department shall
  119  ensure that all children in this state are immunized against
  120  vaccine-preventable diseases. The immunization registry shall
  121  allow the department to enhance current immunization activities
  122  for the purpose of improving the immunization of all children in
  123  this state.
  124         1. Except as provided in subparagraph 2., the department
  125  shall include all children born in this state in the
  126  immunization registry by using the birth records from the Office
  127  of Vital Statistics. The department shall add other children to
  128  the registry as immunization services are provided.
  129         2. The parent or guardian of a child may refuse to have the
  130  child included in the immunization registry by signing a form
  131  obtained from the department, or from the health care
  132  practitioner or entity that provides the immunization, which
  133  indicates that the parent or guardian does not wish to have the
  134  child included in the immunization registry. The decision to not
  135  participate in the immunization registry must be noted in the
  136  registry.
  137         3. The immunization registry shall allow for immunization
  138  records to be electronically transferred to entities that are
  139  required by law to have such records, including schools,
  140  licensed child care facilities, and any other entity that is
  141  required by law to obtain proof of a child’s immunizations.
  142         4. Any health care practitioner licensed under chapter 458,
  143  chapter 459, or chapter 464 in this state who complies with
  144  rules adopted by the department to access the immunization
  145  registry may, through the immunization registry, directly access
  146  immunization records and update a child’s immunization history
  147  or exchange immunization information with another authorized
  148  practitioner, entity, or agency involved in a child’s care. The
  149  information included in the immunization registry must include
  150  the child’s name, date of birth, address, and any other unique
  151  identifier necessary to correctly identify the child; the
  152  immunization record, including the date, type of administered
  153  vaccine, and vaccine lot number; and the presence or absence of
  154  any adverse reaction or contraindication related to the
  155  immunization. Information received by the department for the
  156  immunization registry retains its status as confidential medical
  157  information and the department must maintain the confidentiality
  158  of that information as otherwise required by law. A health care
  159  practitioner or other agency that obtains information from the
  160  immunization registry must maintain the confidentiality of any
  161  medical records in accordance with s. 456.057 or as otherwise
  162  required by law.
  163         Section 4. Paragraph (a) of subsection (6) of section
  164  1002.42, Florida Statutes, is amended to read:
  165         1002.42 Private schools.—
  166         (6) IMMUNIZATIONS.—The governing authority of each private
  167  school shall:
  168         (a) Require students to present a certification of
  169  immunization in accordance with the provisions of s. 1003.22 s.
  170  1003.22(3)-(11).
  171         Section 5. This act shall take effect July 1, 2009.