HB 0047 2004
1	A bill to be entitled
2	An act relating to school-entry health and vision
3	examinations; amending s. 1003.22, F.S.; requiring
4	children who enter public or private schools in the state
5	to present evidence of having received a comprehensive
6	vision examination; providing an exemption; amending ss.
7	1002.20 and 1002.42, F.S.; conforming provisions;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Section 1003.22, Florida Statutes, is amended
13	to read:
14	1003.22 School-entry health and visionexaminations;
15	immunization against communicable diseases; exemptions; duties
16	of Department of Health.--
17	(1) Each district school board and the governing authority
18	of each private school shall require that each child who is
19	entitled to admittance to kindergarten, or is entitled to any
20	other initial entrance into a public or private school in this
21	state, present a certification of a school-entry health
22	examination and a certification of a school-entry comprehensive
23	vision examination by an optometrist licensed pursuant to
24	chapter 463 or an ophthalmologist licensed pursuant to chapter
25	458 or chapter 459performed within 1 year prior to enrollment
26	in school. Each district school board, and the governing
27	authority of each private school, may establish a policy that
28	permits a student up to 30 school days to present a
29	certification of a school-entry health examination and up to 120
30	days to present a certification of a school-entry comprehensive
31	vision examination. A homeless child, as defined in s. 1003.01,
32	shall be given a temporary exemption for 30 school days. Any
33	district school board that establishes such a policy shall
34	include provisions in its local school health services plan to
35	assist students in obtaining the health and visionexaminations.
36	However, any child shall be exempt from the requirement of a
37	health examination or a vision examinationupon written request
38	of the parent of the child stating objections to the examination
39	on religious grounds.
40	(2) The State Board of Education, subject to the
41	concurrence of the Department of Health, shall adopt rules to
42	govern medical examinations and immunizations performed under
43	this section.
44	(3) The Department of Health may adopt rules necessary to
45	administer and enforce this section. The Department of Health,
46	after consultation with the Department of Education, shall adopt
47	rules governing the immunization of children against, the
48	testing for, and the control of preventable communicable
49	diseases. The rules must include procedures for exempting a
50	child from immunization requirements. Immunizations shall be
51	required for poliomyelitis, diphtheria, rubeola, rubella,
52	pertussis, mumps, tetanus, and other communicable diseases as
53	determined by rules of the Department of Health. The manner and
54	frequency of administration of the immunization or testing shall
55	conform to recognized standards of medical practice. The
56	Department of Health shall supervise and secure the enforcement
57	of the required immunization. Immunizations required by this
58	section shall be available at no cost from the county health
59	departments.
60	(4) Each district school board and the governing authority
61	of each private school shall establish and enforce as policy
62	that, prior to admittance to or attendance in a public or
63	private school, grades kindergarten through 12, each child
64	present or have on file with the school a certification of
65	immunization for the prevention of those communicable diseases
66	for which immunization is required by the Department of Health
67	and further shall provide for appropriate screening of its
68	students for scoliosis at the proper age. Such certification
69	shall be made on forms approved and provided by the Department
70	of Health and shall become a part of each student's permanent
71	record, to be transferred when the student transfers, is
72	promoted, or changes schools. The transfer of such immunization
73	certification by Florida public schools shall be accomplished
74	using the Florida Automated System for Transferring Education
75	Records and shall be deemed to meet the requirements of this
76	section.
77	(5) The provisions of this section shall not apply if:
78	(a) The parent of the child objects in writing that the
79	administration of immunizing agents conflicts with his or her
80	religious tenets or practices;
81	(b) A physician licensed under the provisions of chapter
82	458 or chapter 459 certifies in writing, on a form approved and
83	provided by the Department of Health, that the child should be
84	permanently exempt from the required immunization for medical
85	reasons stated in writing, based upon valid clinical reasoning
86	or evidence, demonstrating the need for the permanent exemption;
87	(c) A physician licensed under the provisions of chapter
88	458, chapter 459, or chapter 460 certifies in writing, on a form
89	approved and provided by the Department of Health, that the
90	child has received as many immunizations as are medically
91	indicated at the time and is in the process of completing
92	necessary immunizations;
93	(d) The Department of Health determines that, according to
94	recognized standards of medical practice, any required
95	immunization is unnecessary or hazardous; or
96	(e) An authorized school official issues a temporary
97	exemption, for a period not to exceed 30 school days, to permit
98	a student who transfers into a new county to attend class until
99	his or her records can be obtained. A homeless child, as defined
100	in s. 1003.01, shall be given a temporary exemption for 30
101	school days. The public school health nurse or authorized
102	private school official is responsible for followup of each such
103	student until proper documentation or immunizations are
104	obtained. An exemption for 30 days may be issued for a student
105	who enters a juvenile justice program to permit the student to
106	attend class until his or her records can be obtained or until
107	the immunizations can be obtained. An authorized juvenile
108	justice official is responsible for followup of each student who
109	enters a juvenile justice program until proper documentation or
110	immunizations are obtained.
111	(6)(a) No person licensed by this state as a physician or
112	nurse shall be liable for any injury caused by his or her action
113	or failure to act in the administration of a vaccine or other
114	immunizing agent pursuant to the provisions of this section if
115	the person acts as a reasonably prudent person with similar
116	professional training would have acted under the same or similar
117	circumstances.
118	(b) No member of a district school board, or any of its
119	employees, or member of a governing board of a private school,
120	or any of its employees, shall be liable for any injury caused
121	by the administration of a vaccine to any student who is
122	required to be so immunized or for a failure to diagnose
123	scoliosis pursuant to the provisions of this section.
124	(7) The parents of any child admitted to or in attendance
125	at a Florida public or private school, grades kindergarten
126	through 12, are responsible for assuring that the child is in
127	compliance with the provisions of this section.
128	(8) Each public school, including public kindergarten, and
129	each private school, including private kindergarten, shall be
130	required to provide to the county health department director or
131	administrator annual reports of compliance with the provisions
132	of this section. Reports shall be completed on forms provided by
133	the Department of Health for each kindergarten, and other grade
134	as specified; and the reports shall include the status of
135	children who were admitted at the beginning of the school year.
136	After consultation with the Department of Education, the
137	Department of Health shall establish by administrative rule the
138	dates for submission of these reports, the grades for which the
139	reports shall be required, and the forms to be used.
140	(9) The presence of any of the communicable diseases for
141	which immunization is required by the Department of Health in a
142	Florida public or private school shall permit the county health
143	department director or administrator or the State Health Officer
144	to declare a communicable disease emergency. The declaration of
145	such emergency shall mandate that all students in attendance in
146	the school who are not in compliance with the provisions of this
147	section be identified by the district school board or by the
148	governing authority of the private school; and the school health
149	and immunization records of such children shall be made
150	available to the county health department director or
151	administrator. Those children identified as not being immunized
152	against the disease for which the emergency has been declared
153	shall be temporarily excluded from school by the district school
154	board, or the governing authority of the private school, until
155	such time as is specified by the county health department
156	director or administrator.
157	(10) Each district school board and the governing
158	authority of each private school shall:
159	(a) Refuse admittance to any child otherwise entitled to
160	admittance to kindergarten, or any other initial entrance into a
161	Florida public or private school, who is not in compliance with
162	the provisions of subsection (4).
163	(b) Temporarily exclude from attendance any student who is
164	not in compliance with the provisions of subsection (4).
165	(11) The provisions of this section do not apply to those
166	persons admitted to or attending adult education classes unless
167	the adult students are under 21 years of age.
168	Section 2. Paragraph (a) of subsection (3) of section
169	1002.20, Florida Statutes, is amended to read:
170	1002.20 K-12 student and parent rights.--Parents of public
171	school students must receive accurate and timely information
172	regarding their child's academic progress and must be informed
173	of ways they can help their child to succeed in school. K-12
174	students and their parents are afforded numerous statutory
175	rights including, but not limited to, the following:
176	(3) HEALTH ISSUES.--
177	(a) School-entry health and visionexaminations.--The
178	parent of any child attending a public or private school shall
179	be exempt from the requirement of a health examination or a
180	vision examinationupon written request stating objections on
181	religious grounds in accordance with the provisions of s.
182	1003.22(1) and (2).
183	Section 3. Subsection (5) of section 1002.42, Florida
184	Statutes, is amended to read:
185	1002.42 Private schools.--
186	(5) SCHOOL-ENTRY HEALTH AND VISIONEXAMINATIONS.--The
187	governing authority of each private school shall require
188	students to present a certification of a school-entry health
189	examination and a certification of a school-entry comprehensive
190	vision examinationin accordance with the provisions of s.
191	1003.22(1) and (2).
192	Section 4. This act shall take effect July 1, 2004.