House Bill 0855

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    Florida House of Representatives - 1999                 HB 855

        By Representatives Minton and Betancourt






  1                      A bill to be entitled

  2         An act relating to school health services;

  3         providing a short title; amending s. 381.0056,

  4         F.S.; defining the term "entity" or "health

  5         care entity"; requiring that certain services

  6         be documented in a local school health services

  7         plan; specifying that certain persons be

  8         considered agents of the state for purposes of

  9         sovereign immunity when rendering specified

10         services; creating s. 381.0058, F.S., relating

11         to public-private partnerships for the

12         provision of school nurse services; providing

13         legislative intent and purpose; providing

14         departmental duties; providing a proposal

15         submission and review process; providing for

16         the scope of services to be provided; providing

17         for review and selection criteria; creating s.

18         381.0059, F.S., relating to background

19         screening requirements for school health

20         services providers; specifying the persons who

21         must submit to such screening; specifying

22         payment for screening services; providing

23         grounds for disqualification; requiring certain

24         attestation to screening requirements;

25         directing the Department of Health to determine

26         a means by which certain units of local

27         government may receive a designation for

28         purposes of federal Title V programs; requiring

29         a study of training requirements for school

30         health nurses; providing legislative intent

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  1         relating to funding of the act; providing

  2         appropriations; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  This act may be cited as the "One School,

  7  One Nurse Act."

  8         Section 2.  Section 381.0056, Florida Statutes, is

  9  amended to read:

10         381.0056  School health services program.--

11         (1)  This section may be cited as the "School Health

12  Services Act."

13         (2)  The Legislature finds that health services

14  conducted as a part of the total school health program should

15  be carried out to appraise, protect, and promote the health of

16  students.  School health services supplement, rather than

17  replace, parental responsibility and are designed to encourage

18  parents to devote attention to child health, to discover

19  health problems, and to encourage use of the services of their

20  physicians, dentists, and community health agencies.

21         (3)  When used in this section:

22         (a)  "Emergency health needs" means onsite management

23  and aid for illness or injury pending the student's return to

24  the classroom or release to a parent, guardian, designated

25  friend, or designated health care provider.

26         (b)  "Entity" or "health care entity" means a unit of

27  local government or a political subdivision of the state; a

28  hospital licensed under chapter 395; a health maintenance

29  organization certified under chapter 641; a health insurer

30  authorized under the Florida Insurance Code; a community

31  health center; a migrant health center; a federally qualified

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  1  health center; an organization that meets the requirements for

  2  nonprofit status under section 501(c)(3) of the Internal

  3  Revenue Code; a private industry or business; or a

  4  philanthropic foundation that agrees to participate in a

  5  public-private partnership with a county health department,

  6  local school district, or school in the delivery of school

  7  health services, and agrees to the terms and conditions for

  8  the delivery of such services as required by this section and

  9  as documented in the local school health services plan.

10         (c)(b)  "Invasive screening" means any screening

11  procedure in which the skin or any body orifice is penetrated.

12         (d)(c)  "Physical examination" means a thorough

13  evaluation of the health status of an individual.

14         (e)(d)  "School health services plan" means the

15  document that describes the services to be provided, the

16  responsibility for provision of the services, the anticipated

17  expenditures to provide the services, and evidence of

18  cooperative planning by local school districts and county

19  health departments.

20         (f)(e)  "Screening" means presumptive identification of

21  unknown or unrecognized diseases or defects by the application

22  of tests that can be given with ease and rapidity to

23  apparently healthy persons.

24         (4)  The Department of Health shall have the

25  responsibility, in cooperation with the Department of

26  Education, to supervise the administration of the school

27  health services program and perform periodic program reviews.

28  However, the principal of each school shall have immediate

29  supervisory authority over the health personnel working in the

30  school.

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  1         (5)  Each county health department shall develop,

  2  jointly with the district school board and the local school

  3  health advisory committee, a school health services plan; and

  4  the plan shall include, at a minimum, provisions for:

  5         (a)  Health appraisal;

  6         (b)  Records review;

  7         (c)  Nurse assessment;

  8         (d)  Nutrition assessment;

  9         (e)  A preventive dental program;

10         (f)  Vision screening;

11         (g)  Hearing screening;

12         (h)  Scoliosis screening;

13         (i)  Growth and development screening;

14         (j)  Health counseling;

15         (k)  Referral and followup of suspected or confirmed

16  health problems by the local county health department;

17         (l)  Meeting emergency health needs in each school;

18         (m)  County health department personnel to assist

19  school personnel in health education curriculum development;

20         (n)  Referral of students to appropriate health

21  treatment, in cooperation with the private health community

22  whenever possible;

23         (o)  Consultation with a student's parent or guardian

24  regarding the need for health attention by the family

25  physician, dentist, or other specialist when definitive

26  diagnosis or treatment is indicated;

27         (p)  Maintenance of records on incidents of health

28  problems, corrective measures taken, and such other

29  information as may be needed to plan and evaluate health

30  programs; except, however, that provisions in the plan for

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  1  maintenance of health records of individual students must be

  2  in accordance with s. 228.093;

  3         (q)  Health information which will be provided by the

  4  school health nurses, when necessary, regarding the placement

  5  of students in exceptional student programs and the

  6  reevaluation at periodic intervals of students placed in such

  7  programs; and

  8         (r)  Notification to the local nonpublic schools of the

  9  school health services program and the opportunity for

10  representatives of the local nonpublic schools to participate

11  in the development of the cooperative health services plan.

12         (6)  A nonpublic school may request to participate in

13  the school health services program.  A nonpublic school

14  voluntarily participating in the school health services

15  program shall:

16         (a)  Cooperate with the county health department and

17  district school board in the development of the cooperative

18  health services plan;

19         (b)  Make available adequate physical facilities for

20  health services;

21         (c)  Provide inservice health training to school

22  personnel;

23         (d)  Cooperate with public health personnel in the

24  implementation of the school health services plan;

25         (e)  Be subject to health service program reviews by

26  the Department of Health and the Department of Education; and

27         (f)  At the beginning of each school year, inform

28  parents or guardians in writing that their children who are

29  students in the school will receive specified health services

30  as provided for in the district health services plan.  A

31  student will be exempt from any of these services if his or

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  1  her parent or guardian requests such exemption in writing.

  2  This paragraph shall not be construed to authorize invasive

  3  screening; if there is a need for such procedure, the consent

  4  of the student's parent or guardian shall be obtained in

  5  writing prior to performing the screening.  However, the laws

  6  and rules relating to contagious or communicable diseases and

  7  sanitary matters shall not be violated.

  8         (7)  The district school board shall:

  9         (a)  Coordinate the educational aspects of the school

10  health services program with the Florida Comprehensive Health

11  Education and Substance Abuse Prevention Act;

12         (b)  Include health services and health education as

13  part of the comprehensive plan for the school district;

14         (c)  Provide inservice health training for school

15  personnel;

16         (d)  Make available adequate physical facilities for

17  health services; and

18         (e)  At the beginning of each school year, inform

19  parents or guardians in writing that their children who are

20  students in the district schools will receive specified health

21  services as provided for in the district health services plan.

22  A student will be exempt from any of these services if his or

23  her parent or guardian requests such exemption in writing.

24  This paragraph shall not be construed to authorize invasive

25  screening; if there is a need for such procedure, the consent

26  of the student's parent or guardian shall be obtained in

27  writing prior to performing the screening. However, the laws

28  and rules relating to contagious or communicable diseases and

29  sanitary matters shall not be violated.

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  1         (8)  The Department of Health, in cooperation with the

  2  Department of Education, may adopt rules necessary to

  3  implement this section.

  4         (9)  In the absence of negligence, no person shall be

  5  liable for any injury caused by an act or omission in the

  6  administration of school health services.

  7         (10)  Any person who provides services under a school

  8  health services plan developed under this section and who is

  9  the employee or agent of a health care entity that has agreed,

10  in writing, to act on behalf of the state as an agent of the

11  Department of Health to provide school health services, with

12  or without compensation, is, solely with respect to such

13  services, an agent of the state for purposes of s. 768.28.

14         Section 3.  Section 381.0058, Florida Statutes, is

15  created to read:

16         381.0058  Matching funds for school nurse services

17  public-private partnerships.--

18         (1)  It is the intent of the Legislature that matching

19  funds, in addition to those provided under s. 381.0056 for the

20  School Health Services Act and s. 381.0057 for school health

21  services funding, be provided in those communities where

22  interest in school health services is evidenced by the

23  participation of public or private entities in the funding or

24  delivery of school nurse services. The purpose of this funding

25  is to encourage the development of those programs that offer

26  the greatest potential for promoting the health of students,

27  increasing the availability of and access to nurses in the

28  school setting, and fostering greater community participation

29  in the delivery of school nurse services. Matching funds shall

30  be available specifically for implementation of programs as

31  described in ss. 381.0056, 381.0057, and 402.3026, and that

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  1  are designed to meet the particular needs of the community.

  2  Further, it is the intent of the Legislature that

  3  tobacco-settlement revenue be used to pay for health and human

  4  services for children.

  5         (2)  The Secretary of Health, or his or her designee,

  6  in cooperation with the Commissioner of Education, or his or

  7  her designee, shall publicize the availability of matching

  8  funds for public and private entities committed to enhancing

  9  the availability of school nurse service, as reflected in

10  formal agreements that are part of the local school health

11  services plan.

12         (3)  The Secretary of Health, or his or her designees,

13  in cooperation with the Commissioner of Education, or his or

14  her designees, in equal representation, shall form a committee

15  to determine the eligibility of sites to receive matching

16  funds.

17         (4)  Any community that seeks to receive state matching

18  funds under this section must submit a proposal to the

19  committee established in subsection (3). The proposal must

20  state the goals of the program, provide specific plans for

21  enhancing local resources available for school nurse services,

22  and describe all of the health services to be made available

23  to students from matching funds provided under this section. A

24  county health department or school district receiving matching

25  funds may not supplant more than 50 percent of the current

26  local contributions to school health services funding, as

27  documented in the local school health services plan.

28         (5)  In addition to the merits of a proposal, the award

29  of matching funds must be based on those proposals from sites

30  that include county health departments and school districts

31  that most closely meet the following criteria:

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  1         (a)  Have evidence of a comprehensive inservice staff

  2  development plan.

  3         (b)  Have evidence of a cooperative working

  4  relationship between the county health department and the

  5  school district and have community as well as parental

  6  support.

  7         (c)  Have a high percentage of subsidized school

  8  lunches.

  9         (d)  Have a high incidence of medically underserved

10  high-risk children, low-birthweight babies, infant mortality,

11  or teenage pregnancy.

12         (e)  Have a high incidence of children with chronic

13  health conditions or high-risk behavioral problems. 

14         (f)  Have documented in the local school health

15  services plan a commitment from community entities to fund or

16  provide other direct resources for the enhanced availability

17  of school health services.

18         (g)  Have a plan to ensure billing for Medicaid funding

19  for services rendered under the certified school match program

20  or the county health department certified match program as

21  specified in s. 409.9122.

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23  While these criteria are part of the proposal review process,

24  these criteria are not to be construed as the sole factors to

25  be considered in the proposal review process.  The ability and

26  interest of a site in addressing locally identified needs and

27  priorities must also be considered.  In addition, receipt of

28  matching funds is not intended to diminish a site's

29  eligibility for base funding for school health services.

30         Section 4.  Section 381.0059, Florida Statutes, is

31  created to read:

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  1         381.0059 Background screening requirements for school

  2  health services personnel.--

  3         (1)(a)  Any person who provides services under a school

  4  health services plan pursuant to s. 381.0056 must complete

  5  level 2 screening as provided in chapter 435. A person may

  6  satisfy the requirements of this subsection by submitting

  7  proof of compliance with the requirements of level 2 screening

  8  under s. 435.04, conducted within 12 months before the date

  9  that person initially provides services under a school health

10  services plan pursuant to s. 381.0056. Any person who provides

11  services under a school health services plan pursuant to s.

12  381.0056 shall be on probationary status pending the results

13  of the level 2 screening. 

14         (b)  In order to conduct level 2 screening, any person

15  who provides services under a school health services plan

16  pursuant to s. 381.0056 must furnish to the Department of

17  Health a full set of fingerprints to enable the department to

18  conduct a criminal background investigation. Each person who

19  provides services under a school health services plan pursuant

20  to s. 381.0056 must file a complete set of fingerprints taken

21  by an authorized law enforcement officer and must provide

22  sufficient information for a statewide criminal records

23  correspondence check through the Florida Department of Law

24  Enforcement. The Department of Health shall submit the

25  fingerprints to the Florida Department of Law Enforcement for

26  a statewide criminal history check, and the Florida Department

27  of Law Enforcement shall forward the fingerprints to the

28  Federal Bureau of Investigation for a national criminal

29  history check.

30         (c)  The person subject to the required background

31  screening or his or her employer must pay the fees required to

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  1  obtain the background screening. Payment for the screening and

  2  the abuse registry check must be submitted to the Department

  3  of Health. The Florida Department of Law Enforcement shall

  4  charge the Department of Health for a level 2 screening at a

  5  rate sufficient to cover the costs of such screening pursuant

  6  to s. 943.053(3). The Department of Health shall establish a

  7  schedule of fees to cover the costs of the level 2 screening

  8  and the abuse registry check. The applicant or his or her

  9  employer who pays for the required screening may be reimbursed

10  by the Department of Health from funds designated for this

11  purpose.

12         (2)(a)  When the Department of Health has reasonable

13  cause to believe that grounds exist for the disqualification

14  of any person providing services under a school health

15  services plan pursuant to s. 381.0056, as a result of

16  background screening, it shall notify the person in writing,

17  stating the specific record that indicates noncompliance with

18  the level 2 screening standards. The Department of Health must

19  disqualify any person from providing services under a school

20  health services plan pursuant to s. 381.0056 if the department

21  finds that the person is not in compliance with the level 2

22  screening standards. A person who provides services under a

23  school health plan pursuant to s. 381.0056 on a probationary

24  status and who is disqualified because of the results of his

25  or her background screening may contest that disqualification.

26         (b)  As provided in s. 435.07, the Department of Health

27  may grant an exemption from disqualification to a person

28  providing services under a school health services plan

29  pursuant to s. 381.0056 who has not received a professional

30  license or certification from the Department of Health.

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  1         (c)  As provided in s. 435.07, the Department of Health

  2  may grant an exemption from disqualification to a person

  3  providing services under a school health services plan

  4  pursuant to s. 381.0056 who has received a professional

  5  license or certification from the Department of Health.

  6         (3)  Any person who is required to undergo the

  7  background screening to provide services under a school health

  8  plan pursuant to s. 381.0056 who refuses to cooperate in such

  9  screening or refuses to submit the information necessary to

10  complete the screening, including fingerprints, shall be

11  disqualified for employment or volunteering in such position

12  or, if employed, shall be dismissed.

13         (4)  Under penalty of perjury, each person who provides

14  services under a school health plan pursuant to s. 381.0056

15  must attest to meeting the level 2 screening requirements for

16  participation under the plan and agree to inform the

17  Department of Health immediately if convicted of any

18  disqualifying offense while providing services under a school

19  health services plan pursuant to s. 381.0056.

20         Section 5.  Subsection (20) is added to section 768.28,

21  Florida Statutes, 1998 Supplement, to read:

22         768.28  Waiver of sovereign immunity in tort actions;

23  recovery limits; limitation on attorney fees; statute of

24  limitations; exclusions; indemnification; risk management

25  programs.--

26         (20)(a)  A health care provider, or any employee or

27  agent of a health care entity, who has contractually agreed to

28  act on behalf of the state as an agent of the Department of

29  Health to provide school health services pursuant to s.

30  381.0056, with or without compensation, is, solely with

31  respect to such services, an agent of the state for purposes

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  1  of this section while acting within the scope of his or her

  2  license, acting under the supervision of the county health

  3  department, and acting pursuant to guidelines established in

  4  the school health services plan.  For purposes of this

  5  subsection, the partnership agreements documented in the

  6  school health services plan developed by the county health

  7  department and district school board under s. 381.0056,

  8  including related contracts and memoranda of agreement,

  9  constitute a contract.  Such contract must provide for the

10  indemnification of the state by the agent for any liabilities

11  incurred, up to the limits specified in this chapter.

12         (b)  This subsection does not designate a person who is

13  not an employee of a unit of government and who provides

14  school health services as an employee or agent of the state

15  for purposes of chapter 440.

16         Section 6.  The Department of Health shall explore,

17  with the federal Department of Health and Human Services, ways

18  by which units of local government, other than county health

19  departments, which participate in a school nurse services

20  public-private partnership developed under section 381.0058,

21  Florida Statutes, may be entitled to designation as Title V

22  (Maternal and Child Health Block Grant) agencies. If the

23  federal Department of Health and Human Services approves, the

24  department shall adopt by rule the criteria and guidelines

25  necessary to ensure oversight, flexibility, and accountability

26  for purposes of granting such a designation.  This designation

27  is not intended to obligate any direct funding to the

28  designated entity from the Title V funds of the Department of

29  Health. Any money earned from Medicaid by such a designated

30  entity must be reinvested in the school nurse services

31  public-private partnership.

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  1         Section 7.  The Department of Health shall study the

  2  feasibility of requiring additional training for nurses

  3  providing school health services. The Secretary of Health

  4  shall appoint two representatives from each of the following

  5  entities to serve on a study group: the Department of Health;

  6  the Department of Education; the Florida Nurses Association;

  7  the State University System; and the Board of Nursing. The

  8  Secretary of Health shall appoint a member of the study group

  9  to serve as chair. Members of the study group shall serve

10  without compensation but are entitled to reimbursement from

11  existing resources of their employing organization for per

12  diem and travel expenses incurred in the performance of their

13  duties, as provided in section 112.061, Florida Statutes. The

14  study group shall ascertain which services are being rendered

15  and which aspects of these services are sufficiently unique to

16  justify specific training in preparation for the delivery of

17  such services; the appropriate duration for and content of a

18  training curriculum for school health nurses; the costs and

19  availability of training programs and resources for such

20  training programs; the number of nurses currently employed in

21  a school health capacity and whether these nurses require

22  additional training or should be grandfathered-in; the factors

23  that motivate nurses to seek such additional training; and any

24  existing national training programs and their suitability for

25  application in this state. The department shall report the

26  findings and recommendations of the work group to the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives by February 1, 2000.

29         Section 8.  Legislative intent; funding.--It is the

30  intent of the Legislature that sufficient resources be made

31  available to fund a nurse in every public school in the state,

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  1  pursuant to this act. The Legislature recognizes that

  2  extensive resources will be necessary to achieve this intent,

  3  and that a portion of these resources can be found from a

  4  variety of existing resources. The Legislature recognizes that

  5  existing funding for basic and comprehensive school health

  6  services and full service schools, as created under sections

  7  381.0056 and 381.0057, Florida Statutes, can be used as

  8  partial funding. The Legislature further recognizes that

  9  funding earned by local school districts and county health

10  departments from the Agency for Health Care Administration

11  from the delivery of services to Medicaid-eligible students

12  can also be used as partial funding. Finally, the Legislature

13  recognizes that another source of funding is local funding

14  currently being used for school health services, which can now

15  be eligible for matching funds under school nurse services

16  public-private partnerships as created by this act. It is the

17  intent of the Legislature that the remainder of resources

18  necessary for placing a nurse in every school will need to be

19  derived from the state's tobacco settlement revenue.

20         Section 9.  The sum of $75,000 is appropriated from

21  nonrecurring General Revenue to the Department of Health for

22  the purpose of convening a school health summit as recommended

23  by Senate Interim Project Report 98-30, September 1998.

24         Section 10.  This act shall take effect July 1, 1999.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises provisions related to school health services
      programs. Provides legislative intent and guidelines to
  4    publicize and make available matching funds for school
      nurse services public-private partnerships. Establishes
  5    background screening requirements for school health
      services personnel. Provides a waiver of sovereign
  6    immunity relating to tort actions relating to certain
      health care providers or entities that are acting on
  7    behalf of the state in providing school health services.
      Requires the Department of Health to explore means
  8    through which certain local governments can participate
      in school nurse services public-private partnerships.
  9    Requires a study of the need for additional training for
      school health services nurses. Provides for funding such
10    programs and provides an appropriation. (See bill for
      details.)
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