Florida Senate - 2009                                    SB 2664
       
       
       
       By Senator Bennett
       
       
       
       
       21-01608-09                                           20092664__
    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
    4         object to immunizing a minor on philosophical grounds;
    5         requiring that the parent or guardian sign a form in
    6         order to refuse to vaccinate the minor; providing
    7         requirements for the form; requiring that the parent
    8         or guardian periodically sign a new form in order to
    9         continue the exemption; 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.