| 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 for the imposition of a fee on the retail sale |
| 9 | of nonprescription eyeglasses; providing for collection of |
| 10 | fees and remittance to the Department of Health to assist |
| 11 | families in paying for school-entry comprehensive vision |
| 12 | examinations; requiring rules for eligibility for and |
| 13 | distribution of funds; providing effective dates. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Effective July 1, 2007, section 1003.22, |
| 18 | Florida Statutes, is amended to read: |
| 19 | 1003.22 School-entry health and vision examinations; |
| 20 | immunization against communicable diseases; exemptions; duties |
| 21 | of Department of Health.-- |
| 22 | (1) Each district school board and the governing authority |
| 23 | of each private school shall require that each child who is |
| 24 | entitled to admittance to kindergarten, or is entitled to any |
| 25 | other initial entrance into a public or private school in this |
| 26 | state, present a certification of a school-entry health |
| 27 | examination and a certification of a school-entry comprehensive |
| 28 | vision examination by an optometrist licensed under chapter 463 |
| 29 | or an ophthalmologist licensed under chapter 458 or chapter 459, |
| 30 | or an optometrist or an ophthalmologist licensed in any other |
| 31 | state in which the requirements for licensure are equivalent to |
| 32 | or more stringent than those in this state, performed within 1 |
| 33 | year prior to enrollment in school. Each district school board, |
| 34 | and the governing authority of each private school, may |
| 35 | establish a policy that permits a student up to 30 school days |
| 36 | to present a certification of a school-entry health examination |
| 37 | and up to 120 days to present a certification of a school-entry |
| 38 | comprehensive vision examination. A homeless child, as defined |
| 39 | in s. 1003.01, shall be given a temporary exemption for 30 |
| 40 | school days. Any district school board that establishes such a |
| 41 | policy shall include provisions in its local school health |
| 42 | services plan to assist students in obtaining the health and |
| 43 | vision examinations. However, any child shall be exempt from the |
| 44 | requirement of a health examination or a vision examination upon |
| 45 | written request of the parent of the child stating objections to |
| 46 | the examination on religious grounds. |
| 47 | (2) The State Board of Education, subject to the |
| 48 | concurrence of the Department of Health, shall adopt rules to |
| 49 | govern medical examinations and immunizations performed under |
| 50 | this section. |
| 51 | (3) The Department of Health may adopt rules necessary to |
| 52 | administer and enforce this section. The Department of Health, |
| 53 | after consultation with the Department of Education, shall adopt |
| 54 | rules governing the immunization of children against, the |
| 55 | testing for, and the control of preventable communicable |
| 56 | diseases. The rules must include procedures for exempting a |
| 57 | child from immunization requirements. Immunizations shall be |
| 58 | required for poliomyelitis, diphtheria, rubeola, rubella, |
| 59 | pertussis, mumps, tetanus, and other communicable diseases as |
| 60 | determined by rules of the Department of Health. The manner and |
| 61 | frequency of administration of the immunization or testing shall |
| 62 | conform to recognized standards of medical practice. The |
| 63 | Department of Health shall supervise and secure the enforcement |
| 64 | of the required immunization. Immunizations required by this |
| 65 | section shall be available at no cost from the county health |
| 66 | departments. |
| 67 | (4) Each district school board and the governing authority |
| 68 | of each private school shall establish and enforce as policy |
| 69 | that, prior to admittance to or attendance in a public or |
| 70 | private school, grades kindergarten through 12, or any other |
| 71 | initial entrance into a Florida public or private school, each |
| 72 | child present or have on file with the school a certification of |
| 73 | immunization for the prevention of those communicable diseases |
| 74 | for which immunization is required by the Department of Health |
| 75 | and further shall provide for appropriate screening of its |
| 76 | students for scoliosis at the proper age. Such certification |
| 77 | shall be made on forms approved and provided by the Department |
| 78 | of Health and shall become a part of each student's permanent |
| 79 | record, to be transferred when the student transfers, is |
| 80 | promoted, or changes schools. The transfer of such immunization |
| 81 | certification by Florida public schools shall be accomplished |
| 82 | using the Florida Automated System for Transferring Education |
| 83 | Records and shall be deemed to meet the requirements of this |
| 84 | section. |
| 85 | (5) The provisions of this section shall not apply if: |
| 86 | (a) The parent of the child objects in writing that the |
| 87 | administration of immunizing agents conflicts with his or her |
| 88 | religious tenets or practices; |
| 89 | (b) A physician licensed under the provisions of chapter |
| 90 | 458 or chapter 459 certifies in writing, on a form approved and |
| 91 | provided by the Department of Health, that the child should be |
| 92 | permanently exempt from the required immunization for medical |
| 93 | reasons stated in writing, based upon valid clinical reasoning |
| 94 | or evidence, demonstrating the need for the permanent exemption; |
| 95 | (c) A physician licensed under the provisions of chapter |
| 96 | 458, chapter 459, or chapter 460 certifies in writing, on a form |
| 97 | approved and provided by the Department of Health, that the |
| 98 | child has received as many immunizations as are medically |
| 99 | indicated at the time and is in the process of completing |
| 100 | necessary immunizations; |
| 101 | (d) The Department of Health determines that, according to |
| 102 | recognized standards of medical practice, any required |
| 103 | immunization is unnecessary or hazardous; or |
| 104 | (e) An authorized school official issues a temporary |
| 105 | exemption, for a period not to exceed 30 school days, to permit |
| 106 | a student who transfers into a new county to attend class until |
| 107 | his or her records can be obtained. A homeless child, as defined |
| 108 | in s. 1003.01, shall be given a temporary exemption for 30 |
| 109 | school days. The public school health nurse or authorized |
| 110 | private school official is responsible for followup of each such |
| 111 | student until proper documentation or immunizations are |
| 112 | obtained. An exemption for 30 days may be issued for a student |
| 113 | who enters a juvenile justice program to permit the student to |
| 114 | attend class until his or her records can be obtained or until |
| 115 | the immunizations can be obtained. An authorized juvenile |
| 116 | justice official is responsible for followup of each student who |
| 117 | enters a juvenile justice program until proper documentation or |
| 118 | immunizations are obtained. |
| 119 | (6)(a) No person licensed by this state as a physician or |
| 120 | nurse shall be liable for any injury caused by his or her action |
| 121 | or failure to act in the administration of a vaccine or other |
| 122 | immunizing agent pursuant to the provisions of this section if |
| 123 | the person acts as a reasonably prudent person with similar |
| 124 | professional training would have acted under the same or similar |
| 125 | circumstances. |
| 126 | (b) No member of a district school board, or any of its |
| 127 | employees, or member of a governing board of a private school, |
| 128 | or any of its employees, shall be liable for any injury caused |
| 129 | by the administration of a vaccine to any student who is |
| 130 | required to be so immunized or for a failure to diagnose |
| 131 | scoliosis pursuant to the provisions of this section. |
| 132 | (7) The parents of any child admitted to or in attendance |
| 133 | at a Florida public or private school, grades prekindergarten |
| 134 | through 12, are responsible for assuring that the child is in |
| 135 | compliance with the provisions of this section. |
| 136 | (8) Each public school, including public kindergarten, and |
| 137 | each private school, including private kindergarten, shall be |
| 138 | required to provide to the county health department director or |
| 139 | administrator annual reports of compliance with the provisions |
| 140 | of this section. Reports shall be completed on forms provided by |
| 141 | the Department of Health for each kindergarten, and other grade |
| 142 | as specified; and the reports shall include the status of |
| 143 | children who were admitted at the beginning of the school year. |
| 144 | After consultation with the Department of Education, the |
| 145 | Department of Health shall establish by administrative rule the |
| 146 | dates for submission of these reports, the grades for which the |
| 147 | reports shall be required, and the forms to be used. |
| 148 | (9) The presence of any of the communicable diseases for |
| 149 | which immunization is required by the Department of Health in a |
| 150 | Florida public or private school shall permit the county health |
| 151 | department director or administrator or the State Health Officer |
| 152 | to declare a communicable disease emergency. The declaration of |
| 153 | such emergency shall mandate that all students in attendance in |
| 154 | the school who are not in compliance with the provisions of this |
| 155 | section be identified by the district school board or by the |
| 156 | governing authority of the private school; and the school health |
| 157 | and immunization records of such children shall be made |
| 158 | available to the county health department director or |
| 159 | administrator. Those children identified as not being immunized |
| 160 | against the disease for which the emergency has been declared |
| 161 | shall be temporarily excluded from school by the district school |
| 162 | board, or the governing authority of the private school, until |
| 163 | such time as is specified by the county health department |
| 164 | director or administrator. |
| 165 | (10) Each district school board and the governing |
| 166 | authority of each private school shall: |
| 167 | (a) Refuse admittance to any child otherwise entitled to |
| 168 | admittance to kindergarten, or any other initial entrance into a |
| 169 | Florida public or private school, who is not in compliance with |
| 170 | the provisions of subsection (4). |
| 171 | (b) Temporarily exclude from attendance any student who is |
| 172 | not in compliance with the provisions of subsection (4). |
| 173 | (11) The provisions of this section do not apply to those |
| 174 | persons admitted to or attending adult education classes unless |
| 175 | the adult students are under 21 years of age. |
| 176 | Section 2. Effective July 1, 2007, paragraph (a) of |
| 177 | subsection (3) of section 1002.20, Florida Statutes, is amended |
| 178 | to read: |
| 179 | 1002.20 K-12 student and parent rights.--Parents of public |
| 180 | school students must receive accurate and timely information |
| 181 | regarding their child's academic progress and must be informed |
| 182 | of ways they can help their child to succeed in school. K-12 |
| 183 | students and their parents are afforded numerous statutory |
| 184 | rights including, but not limited to, the following: |
| 185 | (3) HEALTH ISSUES.-- |
| 186 | (a) School-entry health and vision examinations.--The |
| 187 | parent of any child attending a public or private school shall |
| 188 | be exempt from the requirement of a health examination or a |
| 189 | vision examination upon written request stating objections on |
| 190 | religious grounds in accordance with the provisions of s. |
| 191 | 1003.22(1) and (2). |
| 192 | Section 3. Effective July 1, 2007, subsection (5) of |
| 193 | section 1002.42, Florida Statutes, is amended to read: |
| 194 | 1002.42 Private schools.-- |
| 195 | (5) SCHOOL-ENTRY HEALTH AND VISION EXAMINATIONS.--The |
| 196 | governing authority of each private school shall require |
| 197 | students to present a certification of a school-entry health |
| 198 | examination and a certification of a school-entry comprehensive |
| 199 | vision examination in accordance with the provisions of s. |
| 200 | 1003.22(1) and (2). |
| 201 | Section 4. Notwithstanding any other provision of law and |
| 202 | in addition to the sales tax imposed under chapter 212, Florida |
| 203 | Statutes, a 25-cent fee shall be imposed on the retail sale of |
| 204 | nonprescription eyeglasses. Such fee shall be collected by the |
| 205 | dealer and remitted to the Department of Health for the purpose |
| 206 | of providing assistance to low-income families that are |
| 207 | uninsured or underinsured or whose insurance does not cover the |
| 208 | costs of the school-entry comprehensive vision examination |
| 209 | required under s. 1003.22(1), Florida Statutes. Fees imposed |
| 210 | pursuant to this section shall be deposited in a separate |
| 211 | account in the Department of Health Administrative Trust Fund. |
| 212 | The Department of Health shall adopt rules relating to |
| 213 | eligibility for and distribution of such funds. |
| 214 | Section 5. Except as otherwise expressly provided in this |
| 215 | act, this act shall take effect July 1, 2006. |