Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1680
Ì663502wÎ663502
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Health Policy (Montford) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 381.003, Florida Statutes, is amended to
6 read:
7 381.003 Communicable disease and AIDS prevention and
8 control.—
9 (1) The department shall conduct a communicable disease
10 prevention and control program as part of fulfilling its public
11 health mission. A communicable disease is any disease caused by
12 transmission of a specific infectious agent, or its toxic
13 products, from an infected person, an infected animal, or the
14 environment to a susceptible host, either directly or
15 indirectly. The communicable disease program must include, but
16 need not be limited to:
17 (a) Programs for the prevention and control of tuberculosis
18 in accordance with chapter 392.
19 (b) Programs for the prevention and control of human
20 immunodeficiency virus infection and acquired immune deficiency
21 syndrome in accordance with chapter 384 and this chapter.
22 (c) Programs for the prevention and control of sexually
23 transmissible diseases in accordance with chapter 384.
24 (d) Programs for the prevention, control, and reporting of
25 communicable diseases of public health significance as provided
26 for in this chapter.
27 (e) Programs for the prevention and control of vaccine
28 preventable diseases, including programs to immunize school
29 children as required by s. 1003.22(3)-(11) and the development
30 of an automated, electronic, and centralized database and or
31 registry of immunizations. The department shall ensure that all
32 children in this state are immunized against vaccine-preventable
33 diseases. The immunization registry shall allow the department
34 to enhance current immunization activities for the purpose of
35 improving the immunization of all children in this state.
36 1. Except as provided in subparagraph 2., The department
37 shall include all children born in this state in the
38 immunization registry by using the birth records from the Office
39 of Vital Statistics. The department shall add other children to
40 the registry as immunization services are provided.
41 2. The parent or guardian of a child may refuse to have the
42 child included in the immunization registry by signing a form
43 obtained from the department, or from the health care
44 practitioner or entity that provides the immunization, which
45 indicates that the parent or guardian does not wish to have the
46 child included in the immunization registry. The decision to not
47 participate in the immunization registry must be noted in the
48 registry.
49 2.3. The immunization registry must shall allow for
50 immunization records to be electronically available to
51 transferred to entities that are required by law to have such
52 records, including, but not limited to, schools and, licensed
53 child care facilities, and any other entity that is required by
54 law to obtain proof of a child’s immunizations.
55 3.4. A Any health care practitioner licensed under chapter
56 458, chapter 459, or chapter 464 in this state who administers
57 vaccinations or causes vaccinations to be administered to
58 children at any time from their birth to 18 years of age is
59 required to report vaccination data to the immunization
60 registry. A health care practitioner licensed under chapter 458,
61 chapter 459, or chapter 464 who administers vaccinations or
62 causes vaccinations to be administered to college or university
63 students who are 18 years of age up to 23 years of age at a
64 college or university student health care facility in this state
65 is required to report vaccination data to the immunization
66 registry. Vaccination data for other age ranges may be submitted
67 to the immunization registry on an optional basis. Automated
68 data upload from existing automated systems is an acceptable
69 method for updating immunization information in the immunization
70 registry. complies with rules adopted by the department to
71 access the immunization registry may, through the immunization
72 registry, directly access immunization records and update a
73 child’s immunization history or exchange immunization
74 information with another authorized practitioner, entity, or
75 agency involved in a child’s care. The information included in
76 the immunization registry must include the child’s name, date of
77 birth, address, and any other unique identifier necessary to
78 correctly identify the child; the immunization record, including
79 the date, type of administered vaccine, and vaccine lot number;
80 and the presence or absence of any adverse reaction or
81 contraindication related to the immunization. Information
82 received by the department for the immunization registry retains
83 its status as confidential medical information and the
84 department must maintain the confidentiality of that information
85 as otherwise required by law. A health care practitioner or
86 other agency that obtains information from the immunization
87 registry must maintain the confidentiality of any medical
88 records in accordance with s. 456.057 or as otherwise required
89 by law.
90 (2) The department may adopt rules pursuant to ss.
91 120.536(1) and 120.54 to implement this section, repeal, and
92 amend rules related to the prevention and control of
93 communicable diseases and the administration of the immunization
94 registry. Such rules may include procedures for investigating
95 disease, timeframes for reporting disease, definitions,
96 procedures for managing specific diseases, requirements for
97 followup reports of known or suspected exposure to disease, and
98 procedures for providing access to confidential information
99 necessary for disease investigations. For purposes of the
100 immunization registry, the rules may include procedures for a
101 health care practitioner to obtain authorization to use the
102 immunization registry, methods for a parent or guardian to elect
103 not to participate in the immunization registry, and procedures
104 for a health care practitioner licensed under chapter 458,
105 chapter 459, or chapter 464 to access and share electronic
106 immunization records with other entities allowed by law to have
107 access to the records.
108 Section 2. Subsection (4) of section 1003.22, Florida
109 Statutes, is amended to read:
110 1003.22 School-entry health examinations; immunization
111 against communicable diseases; exemptions; duties of Department
112 of Health.—
113 (4) Each district school board and the governing authority
114 of each private school shall establish and enforce as policy
115 that, prior to admittance to or attendance in a public or
116 private school, grades kindergarten through 12, or any other
117 initial entrance into a Florida public or private school, each
118 child present or have on file with the state registry of
119 immunizations school a certification of immunization for the
120 prevention of those communicable diseases for which immunization
121 is required by the Department of Health and further shall
122 provide for appropriate screening of its students for scoliosis
123 at the proper age. Such certification becomes shall be made on
124 forms approved and provided by the Department of Health and
125 shall become a part of each student’s permanent record, to be
126 transferred when the student transfers, is promoted, or changes
127 schools. The transfer of such immunization certification by
128 Florida public schools shall be accomplished using the Florida
129 Automated System for Transferring Education Records and shall be
130 deemed to meet the requirements of this section.
131 Section 3. This act shall take effect January 1, 2020.
132
133 ================= T I T L E A M E N D M E N T ================
134 And the title is amended as follows:
135 Delete everything before the enacting clause
136 and insert:
137 A bill to be entitled
138 An act relating to immunization registry; amending s.
139 381.003, F.S.; revising provisions relating to the
140 communicable disease prevention and control programs
141 under the Department of Health; deleting a provision
142 that allows the parent or guardian of a child to
143 refuse to have the child included in the immunization
144 registry; providing requirements for electronic
145 availability of, rather than transfer of, immunization
146 records; requiring certain health care practitioners
147 to report vaccination data to the immunization
148 registry; authorizing the department to adopt rules;
149 amending s. 1003.22, F.S.; revising school-entry
150 health requirements to require that students have a
151 certificate of immunization on file with the
152 department’s immunization registry; providing an
153 effective date.