1 | A bill to be entitled |
2 | An act relating to immunization of children; amending s. |
3 | 402.305, F.S., relating to licensing standards for child |
4 | care facilities; providing an exemption from immunization |
5 | requirements for children whose parents have objected in |
6 | writing; amending s. 414.13, F.S.; providing for rules to |
7 | allow exceptions to the requirement that the child of an |
8 | applicant for temporary family assistance receive certain |
9 | immunizations; amending s. 1003.22, F.S.; providing an |
10 | exemption from immunization requirements for children |
11 | entering or attending a K-12 public or private school |
12 | whose parents have objected in writing; reenacting s. |
13 | 1002.20(3)(b), F.S., relating to K-12 student and parent |
14 | rights; providing that a vaccine used for immunizing a |
15 | minor in this state may not contain thimerosal or mercury; |
16 | providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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20 | Section 1. Paragraph (c) of subsection (9) of section |
21 | 402.305, Florida Statutes, is amended to read: |
22 | 402.305 Licensing standards; child care facilities.-- |
23 | (9) ADMISSIONS AND RECORDKEEPING.-- |
24 | (c) Any child shall be exempt from medical or physical |
25 | examination, or medical or surgical treatment, or immunizations |
26 | upon written request of the parent or guardian of such child who |
27 | objects to the examination, and treatment, or immunization. |
28 | However, the laws, rules, and regulations relating to contagious |
29 | or communicable diseases and sanitary matters shall not be |
30 | violated because of any exemption from or variation of the |
31 | health and immunization minimum standards. |
32 | Section 2. Section 414.13, Florida Statutes, is amended to |
33 | read: |
34 | 414.13 Immunizations.--Each applicant who has a preschool |
35 | child must begin and complete appropriate childhood |
36 | immunizations for the child as a condition of eligibility. At |
37 | the time of application and redetermination of eligibility, the |
38 | department shall advise applicants and participants of the |
39 | availability of childhood immunizations through the county |
40 | health department. Each participant who has a preschool child |
41 | must verify compliance with the section. If a participant fails |
42 | to provide such verification, the child for whom such |
43 | verification is not provided shall be removed from consideration |
44 | for purposes of calculating the assistance available to the |
45 | family. If the child subject to this requirement is the only |
46 | child in the family, participation in the program shall be |
47 | terminated until verification of compliance is provided. The |
48 | department shall waive this requirement if the failure to |
49 | immunize the child is because of religious reasons or other good |
50 | cause or because the applicant or participant has received |
51 | information about immunizations and objects in writing to the |
52 | administration of immunizing agents, as defined in rules adopted |
53 | by the department. |
54 | Section 3. Paragraphs (a) and (d) of subsection (5) of |
55 | section 1003.22, Florida Statutes, are amended to read: |
56 | 1003.22 School-entry health examinations; immunization |
57 | against communicable diseases; exemptions; duties of Department |
58 | of Health.-- |
59 | (5) The provisions of this section shall not apply if: |
60 | (a) The parent of the child has received information about |
61 | immunizations and objects in writing to that the administration |
62 | of immunizing agents conflicts with his or her religious tenets |
63 | or practices; |
64 | (d) The Department of Health determines that, according to |
65 | recognized standards of medical practice, any required |
66 | immunization is unnecessary, or hazardous, or contains |
67 | thimerosal or mercury; or |
68 | Section 4. For the purpose of incorporating the amendment |
69 | to section 1003.22, Florida Statutes, in a reference thereto, |
70 | paragraph (b) of subsection (3) of section 1002.20, Florida |
71 | Statutes, is reenacted to read: |
72 | 1002.20 K-12 student and parent rights.--Parents of public |
73 | school students must receive accurate and timely information |
74 | regarding their child's academic progress and must be informed |
75 | of ways they can help their child to succeed in school. K-12 |
76 | students and their parents are afforded numerous statutory |
77 | rights including, but not limited to, the following: |
78 | (3) HEALTH ISSUES.-- |
79 | (b) Immunizations.--The parent of any child attending a |
80 | public or private school shall be exempt from the school |
81 | immunization requirements upon meeting any of the exemptions in |
82 | accordance with the provisions of s. 1003.22(5). |
83 | Section 5. A vaccine used for immunizing a minor in this |
84 | state may not contain thimerosal or mercury. |
85 | Section 6. This act shall take effect upon becoming a law. |