Senate Bill sb2562
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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.
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18 Be It Enacted by the Legislature of the State of Florida:
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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
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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,
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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;
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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.
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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.
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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.
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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
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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.
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