Senate Bill sb1844

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    Florida Senate - 2005                                  SB 1844

    By Senator Wilson





    33-1324-05                                          See HB 199

  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 - 2005                                  SB 1844
    33-1324-05                                          See HB 199




 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 - 2005                                  SB 1844
    33-1324-05                                          See HB 199




 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, or

 5  any other initial entrance into a Florida public or private

 6  school, each child present or have on file with the school a

 7  certification of immunization for the prevention of those

 8  communicable diseases for which immunization is required by

 9  the Department of Health and further shall provide for

10  appropriate screening of its students for scoliosis at the

11  proper age. Such certification shall be made on forms approved

12  and provided by the Department of Health and shall become a

13  part of each student's permanent record, to be transferred

14  when the student transfers, is promoted, or changes schools.

15  The transfer of such immunization certification by Florida

16  public schools shall be accomplished using the Florida

17  Automated System for Transferring Education Records and shall

18  be deemed to meet the requirements of this section.

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

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

21  the administration of immunizing agents conflicts with his or

22  her religious tenets or practices;

23         (b)  A physician licensed under the provisions of

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

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

26  child should be permanently exempt from the required

27  immunization for medical reasons stated in writing, based upon

28  valid clinical reasoning or evidence, demonstrating the need

29  for the permanent exemption;

30         (c)  A physician licensed under the provisions of

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

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    Florida Senate - 2005                                  SB 1844
    33-1324-05                                          See HB 199




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

 2  that the child has received as many immunizations as are

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

 4  completing necessary immunizations;

 5         (d)  The Department of Health determines that,

 6  according to recognized standards of medical practice, any

 7  required immunization is unnecessary or hazardous; or

 8         (e)  An authorized school official issues a temporary

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

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

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

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

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

14  or authorized private school official is responsible for

15  followup of each such student until proper documentation or

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

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

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

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

20  authorized juvenile justice official is responsible for

21  followup of each student who enters a juvenile justice program

22  until proper documentation or immunizations are obtained.

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

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

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

26  other immunizing agent pursuant to the provisions of this

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

28  similar professional training would have acted under the same

29  or similar circumstances.

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

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

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    Florida Senate - 2005                                  SB 1844
    33-1324-05                                          See HB 199




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

 2  injury caused by the administration of a vaccine to any

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

 4  diagnose scoliosis pursuant to the provisions of this section.

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

 6  attendance at a Florida public or private school, grades

 7  prekindergarten through 12, are responsible for assuring that

 8  the child is in compliance with the provisions of this

 9  section.

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

11  and each private school, including private kindergarten, shall

12  be required to provide to the county health department

13  director or administrator annual reports of compliance with

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

15  forms provided by the Department of Health for each

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

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

18  beginning of the school year. After consultation with the

19  Department of Education, the Department of Health shall

20  establish by administrative rule the dates for submission of

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

22  required, and the forms to be used.

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

24  for which immunization is required by the Department of Health

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

26  health department director or administrator or the State

27  Health Officer to declare a communicable disease emergency.

28  The declaration of such emergency shall mandate that all

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

30  with the provisions of this section be identified by the

31  district school board or by the governing authority of the

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    Florida Senate - 2005                                  SB 1844
    33-1324-05                                          See HB 199




 1  private school; and the school health and immunization records

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

 3  department director or administrator. Those children

 4  identified as not being immunized against the disease for

 5  which the emergency has been declared shall be temporarily

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

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

 8  is specified by the county health department director or

 9  administrator.

10         (10)  Each district school board and the governing

11  authority of each private school shall:

12         (a)  Refuse admittance to any child otherwise entitled

13  to admittance to kindergarten, or any other initial entrance

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

15  compliance with the provisions of subsection (4).

16         (b)  Temporarily exclude from attendance any student

17  who is not in compliance with the provisions of subsection

18  (4).

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

20  those persons admitted to or attending adult education classes

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

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

23  1002.20, Florida Statutes, is amended to read:

24         1002.20  K-12 student and parent rights.--Parents of

25  public school students must receive accurate and timely

26  information regarding their child's academic progress and must

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

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

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

30         (3)  HEALTH ISSUES.--

31  

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    Florida Senate - 2005                                  SB 1844
    33-1324-05                                          See HB 199




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

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

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

 4  vision examination upon written request stating objections on

 5  religious grounds in accordance with the provisions of s.

 6  1003.22(1) and (2).

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

 8  Statutes, is amended to read:

 9         1002.42  Private schools.--

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

11  governing authority of each private school shall require

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

13  examination and a certification of a school-entry

14  comprehensive vision examination in accordance with the

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

16         Section 4.  This act shall take effect July 1, 2005.

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