Senate Bill sb2562

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2562

    By Senator Wilson





    33-1186A-06                                             See HB

  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 for the imposition of a

10         fee on the retail sale of nonprescription

11         eyeglasses; providing for collection of fees

12         and remittance to the Department of Health to

13         assist parents in paying for school-entry

14         comprehensive vision examinations; requiring

15         rules for eligibility for and distribution of

16         funds; providing effective dates.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Effective July 1, 2007, section 1003.22,

21  Florida Statutes, is amended to read:

22         1003.22  School-entry health and vision examinations;

23  immunization against communicable diseases; exemptions; duties

24  of Department of Health.--

25         (1)  Each district school board and the governing

26  authority of each private school shall require that each child

27  who is entitled to admittance to kindergarten, or is entitled

28  to any other initial entrance into a public or private school

29  in this state, present a certification of a school-entry

30  health examination and a certification of a school-entry

31  comprehensive vision examination by an optometrist licensed

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




 1  under chapter 463 or an ophthalmologist licensed under chapter

 2  458 or chapter 459, or an optometrist or an ophthalmologist

 3  licensed in any other state in which the requirements for

 4  licensure are equivalent to or more stringent than those in

 5  this state, performed within 1 year prior to enrollment in

 6  school. Each district school board, and the governing

 7  authority of each private school, may establish a policy that

 8  permits a student up to 30 school days to present a

 9  certification of a school-entry health examination and up to

10  120 days to present a certification of a school-entry

11  comprehensive vision examination. A homeless child, as defined

12  in s. 1003.01, shall be given a temporary exemption for 30

13  school days. Any district school board that establishes such a

14  policy shall include provisions in its local school health

15  services plan to assist students in obtaining the health and

16  vision examinations. However, any child shall be exempt from

17  the requirement of a health examination or a vision

18  examination upon written request of the parent of the child

19  stating objections to the examination on religious grounds.

20         (2)  The State Board of Education, subject to the

21  concurrence of the Department of Health, shall adopt rules to

22  govern medical examinations and immunizations performed under

23  this section.

24         (3)  The Department of Health may adopt rules necessary

25  to administer and enforce this section. The Department of

26  Health, after consultation with the Department of Education,

27  shall adopt rules governing the immunization of children

28  against, the testing for, and the control of preventable

29  communicable diseases. The rules must include procedures for

30  exempting a child from immunization requirements.

31  Immunizations shall be required for poliomyelitis, diphtheria,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




 1  rubeola, rubella, pertussis, mumps, tetanus, and other

 2  communicable diseases as determined by rules of the Department

 3  of Health. The manner and frequency of administration of the

 4  immunization or testing shall conform to recognized standards

 5  of medical practice. The Department of Health shall supervise

 6  and secure the enforcement of the required immunization.

 7  Immunizations required by this section shall be available at

 8  no cost from the county health departments.

 9         (4)  Each district school board and the governing

10  authority of each private school shall establish and enforce

11  as policy that, prior to admittance to or attendance in a

12  public or private school, grades kindergarten through 12, or

13  any other initial entrance into a Florida public or private

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

15  certification of immunization for the prevention of those

16  communicable diseases for which immunization is required by

17  the Department of Health and further shall provide for

18  appropriate screening of its students for scoliosis at the

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

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

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

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

23  The transfer of such immunization certification by Florida

24  public schools shall be accomplished using the Florida

25  Automated System for Transferring Education Records and shall

26  be deemed to meet the requirements of this section.

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

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

29  the administration of immunizing agents conflicts with his or

30  her religious tenets or practices;

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




 1         (b)  A physician licensed under the provisions of

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

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

 4  child should be permanently exempt from the required

 5  immunization for medical reasons stated in writing, based upon

 6  valid clinical reasoning or evidence, demonstrating the need

 7  for the permanent exemption;

 8         (c)  A physician licensed under the provisions of

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

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

11  that the child has received as many immunizations as are

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

13  completing necessary immunizations;

14         (d)  The Department of Health determines that,

15  according to recognized standards of medical practice, any

16  required immunization is unnecessary or hazardous; or

17         (e)  An authorized school official issues a temporary

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

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

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

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

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

23  or authorized private school official is responsible for

24  followup of each such student until proper documentation or

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

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

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

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

29  authorized juvenile justice official is responsible for

30  followup of each student who enters a juvenile justice program

31  until proper documentation or immunizations are obtained.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




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

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

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

 4  other immunizing agent pursuant to the provisions of this

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

 6  similar professional training would have acted under the same

 7  or similar circumstances.

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

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

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

11  injury caused by the administration of a vaccine to any

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

13  diagnose scoliosis pursuant to the provisions of this section.

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

15  attendance at a Florida public or private school, grades

16  prekindergarten through 12, are responsible for assuring that

17  the child is in compliance with the provisions of this

18  section.

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

20  and each private school, including private kindergarten, shall

21  be required to provide to the county health department

22  director or administrator annual reports of compliance with

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

24  forms provided by the Department of Health for each

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

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

27  beginning of the school year. After consultation with the

28  Department of Education, the Department of Health shall

29  establish by administrative rule the dates for submission of

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

31  required, and the forms to be used.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




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

 2  for which immunization is required by the Department of Health

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

 4  health department director or administrator or the State

 5  Health Officer to declare a communicable disease emergency.

 6  The declaration of such emergency shall mandate that all

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

 8  with the provisions of this section be identified by the

 9  district school board or by the governing authority of the

10  private school; and the school health and immunization records

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

12  department director or administrator. Those children

13  identified as not being immunized against the disease for

14  which the emergency has been declared shall be temporarily

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

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

17  is specified by the county health department director or

18  administrator.

19         (10)  Each district school board and the governing

20  authority of each private school shall:

21         (a)  Refuse admittance to any child otherwise entitled

22  to admittance to kindergarten, or any other initial entrance

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

24  compliance with the provisions of subsection (4).

25         (b)  Temporarily exclude from attendance any student

26  who is not in compliance with the provisions of subsection

27  (4).

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

29  those persons admitted to or attending adult education classes

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

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




 1         Section 2.  Effective July 1, 2007, paragraph (a) of

 2  subsection (3) of section 1002.20, Florida Statutes, is

 3  amended to read:

 4         1002.20  K-12 student and parent rights.--Parents of

 5  public school students must receive accurate and timely

 6  information regarding their child's academic progress and must

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

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

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

10         (3)  HEALTH ISSUES.--

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

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

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

14  vision examination upon written request stating objections on

15  religious grounds in accordance with the provisions of s.

16  1003.22(1) and (2).

17         Section 3.  Effective July 1, 2007, subsection (5) of

18  section 1002.42, Florida Statutes, is amended to read:

19         1002.42  Private schools.--

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

21  governing authority of each private school shall require

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

23  examination and a certification of a school-entry

24  comprehensive vision examination in accordance with the

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

26         Section 4.  Notwithstanding any other provision of law

27  and in addition to the sales tax imposed under chapter 212,

28  Florida Statutes, a 25-cent fee shall be imposed on the retail

29  sale of nonprescription eyeglasses. Such fee shall be

30  collected by the dealer and remitted to the Department of

31  Health for the purpose of providing funds to parents in need

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2562
    33-1186A-06                                             See HB




 1  of financial assistance to pay for the school-entry

 2  comprehensive vision examination required under s. 1003.22(1),

 3  Florida Statutes. Fees imposed pursuant to this section shall

 4  be deposited in a separate account in the Department of Health

 5  Administrative Trust Fund. The Department of Health shall

 6  adopt rules relating to eligibility for and distribution of

 7  such funds.

 8         Section 5.  Except as otherwise expressly provided in

 9  this act, this act shall take effect July 1, 2006.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.