Senate Bill sb1844

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    Florida Senate - 2004                                  SB 1844

    By Senator Wasserman Schultz





    34-1404-04                                           See HB 47

  1                      A bill to be entitled

  2         An act relating to school-entry health and

  3         vision examinations; amending s. 1003.22, F.S.;

  4         requiring children who enter public or private

  5         schools in the state to present evidence of

  6         having received a comprehensive vision

  7         examination; providing an exemption; amending

  8         ss. 1002.20 and 1002.42, F.S.; conforming

  9         provisions; providing an effective date.

10  

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

12  

13         Section 1.  Section 1003.22, Florida Statutes, is

14  amended to read:

15         1003.22  School-entry health and vision examinations;

16  immunization against communicable diseases; exemptions; duties

17  of Department of Health.--

18         (1)  Each district school board and the governing

19  authority of each private school shall require that each child

20  who is entitled to admittance to kindergarten, or is entitled

21  to any other initial entrance into a public or private school

22  in this state, present a certification of a school-entry

23  health examination and a certification of a school-entry

24  comprehensive vision examination by an optometrist licensed

25  pursuant to chapter 463 or an ophthalmologist licensed

26  pursuant to chapter 458 or chapter 459 performed within 1 year

27  prior to enrollment in school. Each district school board, and

28  the governing authority of each private school, may establish

29  a policy that permits a student up to 30 school days to

30  present a certification of a school-entry health examination

31  and up to 120 days to present a certification of a

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    Florida Senate - 2004                                  SB 1844
    34-1404-04                                           See HB 47




 1  school-entry comprehensive vision examination. A homeless

 2  child, as defined in s. 1003.01, shall be given a temporary

 3  exemption for 30 school days. Any district school board that

 4  establishes such a policy shall include provisions in its

 5  local school health services plan to assist students in

 6  obtaining the health and vision examinations. However, any

 7  child shall be exempt from the requirement of a health

 8  examination or a vision examination upon written request of

 9  the parent of the child stating objections to the examination

10  on religious grounds.

11         (2)  The State Board of Education, subject to the

12  concurrence of the Department of Health, shall adopt rules to

13  govern medical examinations and immunizations performed under

14  this section.

15         (3)  The Department of Health may adopt rules necessary

16  to administer and enforce this section. The Department of

17  Health, after consultation with the Department of Education,

18  shall adopt rules governing the immunization of children

19  against, the testing for, and the control of preventable

20  communicable diseases. The rules must include procedures for

21  exempting a child from immunization requirements.

22  Immunizations shall be required for poliomyelitis, diphtheria,

23  rubeola, rubella, pertussis, mumps, tetanus, and other

24  communicable diseases as determined by rules of the Department

25  of Health. The manner and frequency of administration of the

26  immunization or testing shall conform to recognized standards

27  of medical practice. The Department of Health shall supervise

28  and secure the enforcement of the required immunization.

29  Immunizations required by this section shall be available at

30  no cost from the county health departments.

31  

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    Florida Senate - 2004                                  SB 1844
    34-1404-04                                           See HB 47




 1         (4)  Each district school board and the governing

 2  authority of each private school shall establish and enforce

 3  as policy that, prior to admittance to or attendance in a

 4  public or private school, grades kindergarten through 12, each

 5  child present or have on file with the school a certification

 6  of immunization for the prevention of those communicable

 7  diseases for which immunization is required by the Department

 8  of Health and further shall provide for appropriate screening

 9  of its students for scoliosis at the proper age. Such

10  certification shall be made on forms approved and provided by

11  the Department of Health and shall become a part of each

12  student's permanent record, to be transferred when the student

13  transfers, is promoted, or changes schools. The transfer of

14  such immunization certification by Florida public schools

15  shall be accomplished using the Florida Automated System for

16  Transferring Education Records and shall be deemed to meet the

17  requirements of this section.

18         (5)  The provisions of this section shall not apply if:

19         (a)  The parent of the child objects in writing that

20  the administration of immunizing agents conflicts with his or

21  her religious tenets or practices;

22         (b)  A physician licensed under the provisions of

23  chapter 458 or chapter 459 certifies in writing, on a form

24  approved and provided by the Department of Health, that the

25  child should be permanently exempt from the required

26  immunization for medical reasons stated in writing, based upon

27  valid clinical reasoning or evidence, demonstrating the need

28  for the permanent exemption;

29         (c)  A physician licensed under the provisions of

30  chapter 458, chapter 459, or chapter 460 certifies in writing,

31  on a form approved and provided by the Department of Health,

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    Florida Senate - 2004                                  SB 1844
    34-1404-04                                           See HB 47




 1  that the child has received as many immunizations as are

 2  medically indicated at the time and is in the process of

 3  completing necessary immunizations;

 4         (d)  The Department of Health determines that,

 5  according to recognized standards of medical practice, any

 6  required immunization is unnecessary or hazardous; or

 7         (e)  An authorized school official issues a temporary

 8  exemption, for a period not to exceed 30 school days, to

 9  permit a student who transfers into a new county to attend

10  class until his or her records can be obtained. A homeless

11  child, as defined in s. 1003.01, shall be given a temporary

12  exemption for 30 school days. The public school health nurse

13  or authorized private school official is responsible for

14  followup of each such student until proper documentation or

15  immunizations are obtained. An exemption for 30 days may be

16  issued for a student who enters a juvenile justice program to

17  permit the student to attend class until his or her records

18  can be obtained or until the immunizations can be obtained. An

19  authorized juvenile justice official is responsible for

20  followup of each student who enters a juvenile justice program

21  until proper documentation or immunizations are obtained.

22         (6)(a)  No person licensed by this state as a physician

23  or nurse shall be liable for any injury caused by his or her

24  action or failure to act in the administration of a vaccine or

25  other immunizing agent pursuant to the provisions of this

26  section if the person acts as a reasonably prudent person with

27  similar professional training would have acted under the same

28  or similar circumstances.

29         (b)  No member of a district school board, or any of

30  its employees, or member of a governing board of a private

31  school, or any of its employees, shall be liable for any

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    Florida Senate - 2004                                  SB 1844
    34-1404-04                                           See HB 47




 1  injury caused by the administration of a vaccine to any

 2  student who is required to be so immunized or for a failure to

 3  diagnose scoliosis pursuant to the provisions of this section.

 4         (7)  The parents of any child admitted to or in

 5  attendance at a Florida public or private school, grades

 6  kindergarten through 12, are responsible for assuring that the

 7  child is in compliance with the provisions of this section.

 8         (8)  Each public school, including public kindergarten,

 9  and each private school, including private kindergarten, shall

10  be required to provide to the county health department

11  director or administrator annual reports of compliance with

12  the provisions of this section. Reports shall be completed on

13  forms provided by the Department of Health for each

14  kindergarten, and other grade as specified; and the reports

15  shall include the status of children who were admitted at the

16  beginning of the school year. After consultation with the

17  Department of Education, the Department of Health shall

18  establish by administrative rule the dates for submission of

19  these reports, the grades for which the reports shall be

20  required, and the forms to be used.

21         (9)  The presence of any of the communicable diseases

22  for which immunization is required by the Department of Health

23  in a Florida public or private school shall permit the county

24  health department director or administrator or the State

25  Health Officer to declare a communicable disease emergency.

26  The declaration of such emergency shall mandate that all

27  students in attendance in the school who are not in compliance

28  with the provisions of this section be identified by the

29  district school board or by the governing authority of the

30  private school; and the school health and immunization records

31  of such children shall be made available to the county health

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    Florida Senate - 2004                                  SB 1844
    34-1404-04                                           See HB 47




 1  department director or administrator. Those children

 2  identified as not being immunized against the disease for

 3  which the emergency has been declared shall be temporarily

 4  excluded from school by the district school board, or the

 5  governing authority of the private school, until such time as

 6  is specified by the county health department director or

 7  administrator.

 8         (10)  Each district school board and the governing

 9  authority of each private school shall:

10         (a)  Refuse admittance to any child otherwise entitled

11  to admittance to kindergarten, or any other initial entrance

12  into a Florida public or private school, who is not in

13  compliance with the provisions of subsection (4).

14         (b)  Temporarily exclude from attendance any student

15  who is not in compliance with the provisions of subsection

16  (4).

17         (11)  The provisions of this section do not apply to

18  those persons admitted to or attending adult education classes

19  unless the adult students are under 21 years of age.

20         Section 2.  Paragraph (a) of subsection (3) of section

21  1002.20, Florida Statutes, is amended to read:

22         1002.20  K-12 student and parent rights.--Parents of

23  public school students must receive accurate and timely

24  information regarding their child's academic progress and must

25  be informed of ways they can help their child to succeed in

26  school. K-12 students and their parents are afforded numerous

27  statutory rights including, but not limited to, the following:

28         (3)  HEALTH ISSUES.--

29         (a)  School-entry health and vision examinations.--The

30  parent of any child attending a public or private school shall

31  be exempt from the requirement of a health examination or a

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    Florida Senate - 2004                                  SB 1844
    34-1404-04                                           See HB 47




 1  vision examination upon written request stating objections on

 2  religious grounds in accordance with the provisions of s.

 3  1003.22(1) and (2).

 4         Section 3.  Subsection (5) of section 1002.42, Florida

 5  Statutes, is amended to read:

 6         1002.42  Private schools.--

 7         (5)  SCHOOL-ENTRY HEALTH AND VISION EXAMINATIONS.--The

 8  governing authority of each private school shall require

 9  students to present a certification of a school-entry health

10  examination and a certification of a school-entry

11  comprehensive vision examination in accordance with the

12  provisions of s. 1003.22(1) and (2).

13         Section 4.  This act shall take effect July 1, 2004.

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