House Bill 0999

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    Florida House of Representatives - 1999                 HB 999

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to school health services;

  3         amending s. 381.0056, F.S.; defining the term

  4         "entity" or "health care entity" for purposes

  5         of the school health services program;

  6         requiring the district school board and each

  7         nonpublic school participating in the program

  8         to make available adequate physical facilities

  9         for health services; creating s. 381.0058,

10         F.S.; providing for matching funds for the

11         provision of school nurse services under

12         public-private partnerships; 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.; providing background screening

19         requirements for school health services

20         providers; specifying the persons who must

21         submit to such screening; specifying payment

22         for screening services; providing grounds for

23         disqualification; providing for exemptions from

24         disqualification; requiring certain attestation

25         to screening requirements; requiring a study of

26         training requirements for school health nurses;

27         providing for reimbursement for certain

28         expenses for members of the study group;

29         requiring a report; providing legislative

30         intent relating to funding of school nursing

31         services and providing an appropriation

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  1         therefor; providing an appropriation for a

  2         school health summit; providing an effective

  3         date.

  4

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

  6

  7         Section 1.  Section 381.0056, Florida Statutes, is

  8  amended to read:

  9         381.0056  School health services program.--

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

11  Services Act."

12         (2)  The Legislature finds that health services

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

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

15  students.  School health services supplement, rather than

16  replace, parental responsibility and are designed to encourage

17  parents to devote attention to child health, to discover

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

19  physicians, dentists, and community health agencies.

20         (3)  When used in or for purposes of this section:

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

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

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

24  friend, or designated health care provider.

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

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

27  hospital licensed under chapter 395; a health maintenance

28  organization certified under chapter 641; a health insurer

29  authorized under the Florida Insurance Code; a community

30  health center; a migrant health center; a federally qualified

31  health center; an organization that meets the requirements for

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

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

  3  philanthropic foundation that agrees to participate in a

  4  public-private partnership with a county health department,

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

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

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

  8  as documented in the local school health services plan.

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

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

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

12  evaluation of the health status of an individual.

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

14  document that describes the services to be provided, the

15  responsibility for provision of the services, the anticipated

16  expenditures to provide the services, and evidence of

17  cooperative planning by local school districts and county

18  health departments.

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

20  unknown or unrecognized diseases or defects by the application

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

22  apparently healthy persons.

23         (4)  The Department of Health shall have the

24  responsibility, in cooperation with the Department of

25  Education, to supervise the administration of the school

26  health services program and perform periodic program reviews.

27  However, the principal of each school shall have immediate

28  supervisory authority over the health personnel working in the

29  school.

30         (5)  Each county health department shall develop,

31  jointly with the district school board and the local school

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

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

  3         (a)  Health appraisal;

  4         (b)  Records review;

  5         (c)  Nurse assessment;

  6         (d)  Nutrition assessment;

  7         (e)  A preventive dental program;

  8         (f)  Vision screening;

  9         (g)  Hearing screening;

10         (h)  Scoliosis screening;

11         (i)  Growth and development screening;

12         (j)  Health counseling;

13         (k)  Referral and followup of suspected or confirmed

14  health problems by the local county health department;

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

16         (m)  County health department personnel to assist

17  school personnel in health education curriculum development;

18         (n)  Referral of students to appropriate health

19  treatment, in cooperation with the private health community

20  whenever possible;

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

22  regarding the need for health attention by the family

23  physician, dentist, or other specialist when definitive

24  diagnosis or treatment is indicated;

25         (p)  Maintenance of records on incidents of health

26  problems, corrective measures taken, and such other

27  information as may be needed to plan and evaluate health

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

29  maintenance of health records of individual students must be

30  in accordance with s. 228.093;

31

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

  2  school health nurses, when necessary, regarding the placement

  3  of students in exceptional student programs and the

  4  reevaluation at periodic intervals of students placed in such

  5  programs; and

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

  7  school health services program and the opportunity for

  8  representatives of the local nonpublic schools to participate

  9  in the development of the cooperative health services plan.

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

11  the school health services program.  A nonpublic school

12  voluntarily participating in the school health services

13  program shall:

14         (a)  Cooperate with the county health department and

15  district school board in the development of the cooperative

16  health services plan;

17         (b)  Make available adequate physical facilities for

18  health services;

19         (c)  Provide inservice health training to school

20  personnel;

21         (d)  Cooperate with public health personnel in the

22  implementation of the school health services plan;

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

24  the Department of Health and the Department of Education; and

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

26  parents or guardians in writing that their children who are

27  students in the school will receive specified health services

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

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

30  her parent or guardian requests such exemption in writing.

31  This paragraph shall not be construed to authorize invasive

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

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

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

  4  and rules relating to contagious or communicable diseases and

  5  sanitary matters shall not be violated.

  6         (7)  The district school board shall:

  7         (a)  Coordinate the educational aspects of the school

  8  health services program with the Florida Comprehensive Health

  9  Education and Substance Abuse Prevention Act;

10         (b)  Include health services and health education as

11  part of the comprehensive plan for the school district;

12         (c)  Provide inservice health training for school

13  personnel;

14         (d)  Make available adequate physical facilities for

15  health services; and

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

17  parents or guardians in writing that their children who are

18  students in the district schools will receive specified health

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

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

21  her parent or guardian requests such exemption in writing.

22  This paragraph shall not be construed to authorize invasive

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

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

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

26  and rules relating to contagious or communicable diseases and

27  sanitary matters shall not be violated.

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

29  Department of Education, may adopt rules necessary to

30  implement this section.

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

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

  3  administration of school health services.

  4         Section 2.  Section 381.0058, Florida Statutes, is

  5  created to read:

  6         381.0058  Matching funds for school nurse services

  7  public-private partnerships.--

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

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

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

11  services funding, be provided in those communities where

12  interest in school health services is evidenced by the

13  participation of public or private entities in the funding or

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

15  is to encourage the development of those programs that offer

16  the greatest potential for promoting the health of students,

17  increasing the availability of and access to nurses in the

18  school setting, and fostering greater community participation

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

20  be available specifically for implementation of programs as

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

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

23  Further, it is the intent of the Legislature that tobacco

24  settlement revenue be used to pay for health and human

25  services for children.

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

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

28  her designee, shall publicize the availability of matching

29  funds for public and private entities committed to enhancing

30  the availability of school nurse service, as reflected in

31

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  1  formal agreements that are part of the local school health

  2  services plan.

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

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

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

  6  to determine the eligibility of sites to receive matching

  7  funds.

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

  9  funds under this section must submit a proposal to the

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

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

12  enhancing local resources available for school nurse services,

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

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

15  county health department or school district receiving matching

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

17  local contributions to school health services funding, as

18  documented in the local school health services plan.

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

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

21  that include county health departments and school districts

22  that most closely meet the following criteria:

23         (a)  Have evidence of a comprehensive inservice staff

24  development plan.

25         (b)  Have evidence of a cooperative working

26  relationship between the county health department and the

27  school district and have community as well as parental

28  support.

29         (c)  Have a high percentage of subsidized school

30  lunches.

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  1         (d)  Have a high incidence of medically underserved

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

  3  or teenage pregnancy.

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

  5  health conditions or high-risk behavioral problems.

  6         (f)  Have documented in the local school health

  7  services plan a commitment from community entities to fund or

  8  provide other direct resources for the enhanced availability

  9  of school health services.

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

11  for services rendered under the certified school match program

12  or the county health department certified match program as

13  specified in s. 409.9122.

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

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

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

18  interest of a site in addressing locally identified needs and

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

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

21  eligibility for base funding for school health services.

22         Section 3.  Section 381.0059, Florida Statutes, is

23  created to read:

24         381.0059  Background screening requirements for school

25  health services personnel.--

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

27  health services plan pursuant to s. 381.0056 must complete

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

29  satisfy the requirements of this subsection by submitting

30  proof of compliance with the requirements of level 2 screening

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

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  1  that person initially provides services under a school health

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

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

  4  381.0056 shall be on probationary status pending the results

  5  of the level 2 screening.

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

  7  who provides services under a school health services plan

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

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

10  conduct a criminal background investigation. Each person who

11  provides services under a school health services plan pursuant

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

13  by an authorized law enforcement officer and must provide

14  sufficient information for a statewide criminal records

15  correspondence check through the Florida Department of Law

16  Enforcement. The Department of Health shall submit the

17  fingerprints to the Florida Department of Law Enforcement for

18  a statewide criminal history check, and the Florida Department

19  of Law Enforcement shall forward the fingerprints to the

20  Federal Bureau of Investigation for a national criminal

21  history check.

22         (c)  The person subject to the required background

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

24  obtain the background screening. Payment for the screening and

25  the abuse registry check must be submitted to the Department

26  of Health. The Florida Department of Law Enforcement shall

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

28  rate sufficient to cover the costs of such screening pursuant

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

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

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

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  1  employer who pays for the required screening may be reimbursed

  2  by the Department of Health from funds designated for this

  3  purpose.

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

  5  cause to believe that grounds exist for the disqualification

  6  of any person providing services under a school health

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

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

  9  stating the specific record that indicates noncompliance with

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

11  disqualify any person from providing services under a school

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

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

14  screening standards. A person who provides services under a

15  school health services plan pursuant to s. 381.0056 on a

16  probationary status and who is disqualified because of the

17  results of his or her background screening may contest that

18  disqualification.

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

20  may grant an exemption from disqualification to a person

21  providing services under a school health services plan

22  pursuant to s. 381.0056, whether or not the person has

23  received a professional license or certification from the

24  Department of Health.

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

26  background screening to provide services under a school health

27  services plan pursuant to s. 381.0056 who refuses to cooperate

28  in such screening or refuses to submit the information

29  necessary to complete the screening, including fingerprints,

30  shall be disqualified for employment or volunteering in such

31  position or, if employed, shall be dismissed.

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

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

  3  381.0056 must attest to meeting the level 2 screening

  4  requirements for participation under the plan and agree to

  5  inform the Department of Health immediately if convicted of

  6  any disqualifying offense while providing services under a

  7  school health services plan pursuant to s. 381.0056.

  8         Section 4.  The Department of Health shall study the

  9  feasibility of requiring additional training for nurses

10  providing school health services. The Secretary of Health

11  shall appoint two representatives from each of the following

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

13  the Department of Education; the Florida Nurses Association;

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

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

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

17  without compensation but are entitled to reimbursement from

18  existing resources of their employing organization for per

19  diem and travel expenses incurred in the performance of their

20  duties, as provided in s. 112.061, Florida Statutes. The study

21  group shall ascertain which services are being rendered and

22  which aspects of these services are sufficiently unique to

23  justify specific training in preparation for the delivery of

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

25  training curriculum for school health nurses; the costs and

26  availability of training programs and resources for such

27  training programs; the number of nurses currently employed in

28  a school health capacity and whether these nurses require

29  additional training or should be grandfathered in; the factors

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

31  existing national training programs and their suitability for

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  1  application in this state. The department shall report the

  2  findings and recommendations of the work group to the

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

  4  House of Representatives by February 1, 2000.

  5         Section 5.  Legislative intent; funding.--It is the

  6  intent of the Legislature through this act that sufficient

  7  resources be made available to provide by the 2003-2004 school

  8  year at least one nurse, supplemented by a trained health

  9  support aide, for every 1,500 students in the schools of this

10  state participating in a school health services program. The

11  Legislature recognizes that extensive resources will be

12  necessary to achieve this intent, and that a portion of these

13  resources can be found from a variety of existing resources.

14  The Legislature recognizes that existing funding for basic and

15  comprehensive school health services and full service schools,

16  as created under ss. 381.0056 and 381.0057, Florida Statutes,

17  can be used as partial funding. The Legislature further

18  recognizes that funding earned by local school districts and

19  county health departments from the Agency for Health Care

20  Administration from the delivery of services to

21  Medicaid-eligible students can also be used as partial

22  funding. Finally, the Legislature recognizes that another

23  source of funding is local funding currently being used for

24  school health services, which can now be eligible for matching

25  funds under school nurse services public-private partnerships

26  as created by this act. It is the intent of the Legislature

27  that the remainder of the resources necessary to achieve this

28  school nurse to student ratio by the 2003-2004 school year

29  will need to be derived from the state's tobacco settlement

30  revenue; therefore, there is hereby appropriated from such

31  revenue to the Department of Education for distribution to the

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  1  school districts for such purpose an amount sufficient to

  2  cover the remaining costs not otherwise provided for by this

  3  act.

  4         Section 6.  The sum of $75,000 is appropriated from

  5  nonrecurring General Revenue to the Department of Health for

  6  the purpose of convening a school health summit as recommended

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

  8         Section 7.  This act shall take effect July 1, 1999.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Revises provisions relating to school health services
13    programs. Defines the term "entity" or "health care
      entity" for such purposes. Requires the district school
14    board and each participating nonpublic school to make
      available adequate physical facilities for health
15    services. Provides legislative intent and guidelines to
      publicize and make available matching funds for school
16    nurse services under public-private partnerships.
      Establishes background screening requirements for school
17    health services personnel. Requires a study of the need
      for additional training for school health services
18    nurses. Provides legislative intent relating to funding
      of school nursing services and provides an appropriation
19    therefor. Provides an appropriation for a school health
      summit. See bill for details.
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