| 1 | A bill to be entitled |
| 2 | An act relating to the school health services program; |
| 3 | amending s. 381.0056, F.S.; defining the term "school- |
| 4 | based health center" for purposes of the School Health |
| 5 | Services Act; providing that such a center is a health |
| 6 | care entity acting as an instrumentality of the state for |
| 7 | purposes of certain limitations on liability; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (3) of section 381.0056, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 381.0056 School health services program.-- |
| 15 | (3) When used in or for purposes of this section: |
| 16 | (a) "Emergency health needs" means onsite management and |
| 17 | aid for illness or injury pending the student's return to the |
| 18 | classroom or release to a parent, guardian, designated friend, |
| 19 | or designated health care provider. |
| 20 | (b) "Entity" or "health care entity" means a unit of local |
| 21 | government or a political subdivision of the state; a hospital |
| 22 | licensed under chapter 395; a health maintenance organization |
| 23 | certified under chapter 641; a health insurer authorized under |
| 24 | the Florida Insurance Code; a community health center; a migrant |
| 25 | health center; a federally qualified health center; an |
| 26 | organization that meets the requirements for nonprofit status |
| 27 | under s. 501(c)(3) of the Internal Revenue Code; a private |
| 28 | industry or business; a school-based health center; or a |
| 29 | philanthropic foundation that agrees to participate in a public- |
| 30 | private partnership with a county health department, local |
| 31 | school district, or school in the delivery of school health |
| 32 | services, and agrees to the terms and conditions for the |
| 33 | delivery of such services as required by this section and as |
| 34 | documented in the local school health services plan. |
| 35 | (c) "Invasive screening" means any screening procedure in |
| 36 | which the skin or any body orifice is penetrated. |
| 37 | (d) "Physical examination" means a thorough evaluation of |
| 38 | the health status of an individual. |
| 39 | (e) "School-based health center" means an entity that: |
| 40 | 1. Provides a minimum of 25 hours per week of primary care |
| 41 | services to adolescents or other school-age children in |
| 42 | accordance with state law for the majority of the year. |
| 43 | 2. Primarily provides services onsite at the school, but |
| 44 | may also offer linkages and referrals to primary care providers |
| 45 | if confidentiality is maintained. |
| 46 | 3. Provides comprehensive services that include, but are |
| 47 | not limited to, the following: |
| 48 | a. Acute management and ongoing monitoring of chronic |
| 49 | conditions, such as asthma, diabetes, and seizure disorder, in |
| 50 | conjunction with a student's regular doctor. |
| 51 | b. Well-child or adolescent examinations consisting of a |
| 52 | comprehensive health history, including an assessment of high- |
| 53 | risk behavior for adolescents, a complete physical assessment, |
| 54 | screening procedures, and anticipatory guidance appropriate to |
| 55 | age. |
| 56 | c. Immunizations. |
| 57 | d. Diagnosis and treatment of acute illnesses and |
| 58 | injuries. |
| 59 | e. Basic diagnostic laboratory tests. |
| 60 | f. Prescriptions or dispensing of commonly used |
| 61 | medications for identified health conditions, in accordance with |
| 62 | generally accepted standards of medical practice and pharmacy |
| 63 | practice standards as defined in chapter 465 and rules adopted |
| 64 | under that chapter. |
| 65 | g. Individual health education and anticipatory guidance |
| 66 | for students and parents. |
| 67 | 4. Provides comprehensive services that may include, but |
| 68 | need not be limited to, the following: |
| 69 | a. Age-appropriate reproductive health services, including |
| 70 | health education; pelvic examinations; diagnosis and treatment |
| 71 | of sexually transmitted diseases; testing and counseling for |
| 72 | human immunodeficiency virus (HIV) or acquired immune deficiency |
| 73 | syndrome (AIDS); and prescribing, dispensing, or referring for |
| 74 | birth control, including condoms. |
| 75 | b. Basic mental health services, including assessment; |
| 76 | individual, group, and family counseling; consultation with |
| 77 | school administrators, parents, teachers, and students; and |
| 78 | crisis intervention. |
| 79 | 5. Maintains health records in a manner that is current, |
| 80 | detailed, confidential, organized, and permits effective student |
| 81 | care and quality review. |
| 82 | 6. Does not deny access to health care services to |
| 83 | students based upon insurance status or ability to pay or |
| 84 | discriminate with regard to race or ethnicity, religion, |
| 85 | national origin, age, disability, gender, or sexual orientation. |
| 86 | (f)(e) "School health services plan" means the document |
| 87 | that describes the services to be provided, the responsibility |
| 88 | for provision of the services, the anticipated expenditures to |
| 89 | provide the services, and evidence of cooperative planning by |
| 90 | local school districts and county health departments. |
| 91 | (g)(f) "Screening" means presumptive identification of |
| 92 | unknown or unrecognized diseases or defects by the application |
| 93 | of tests that can be given with ease and rapidity to apparently |
| 94 | healthy persons. |
| 95 | Section 2. This act shall take effect upon becoming a law. |