HB 1405

1
A bill to be entitled
2An act relating to the influenza vaccine; amending ss.
3402.305, 402.313, and 402.3131, F.S.; requiring children
4receiving care at child care facilities, family day care
5homes, and large family child care homes to be vaccinated
6for the influenza virus; requiring the Department of
7Health to adopt rules to add the vaccine to its list of
8required vaccines; requiring child care facilities, family
9day care homes, and large family child care homes to
10furnish proof of compliance to the department by a
11specified date; providing an effective date.
12
13     WHEREAS, the state of Florida recognizes the importance of
14the influenza vaccine for children enrolled or enrolling in
15child care programs, and
16     WHEREAS, the Bureau of Immunization within the Department
17of Health acknowledges that vaccines, including the influenza
18vaccine, focus on disease prevention and are the most cost-
19effective medical intervention, and
20     WHEREAS, the Centers for Disease Control and Prevention,
21through the Advisory Committee on Immunization Practices,
22recommends that annual vaccination of all children aged 6 months
23through 4 years continue to be a primary focus of vaccination
24efforts because these children are at higher risk for influenza
25complications compared with older children, and
26     WHEREAS, vaccination against influenza each fall remains
27the primary mechanism to prevent disease, NOW, THEREFORE,
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Present paragraphs (b) and (c) of subsection
32(9) of section 402.305, Florida Statutes, are redesignated as
33paragraphs (c) and (d), respectively, and a new paragraph (b) is
34added to that subsection, to read:
35     402.305  Licensing standards; child care facilities.--
36     (9)  ADMISSIONS AND RECORDKEEPING.--
37     (b)  Beginning September 1, 2010, and subject to the
38availability of an adequate supply of the influenza vaccine, as
39recommended by the Advisory Committee on Immunization Practices
40of the Centers for Disease Control and Prevention, the influenza
41vaccine shall be administered each influenza season between
42September 1 and February 28 to each child who is enrolled or
43enrolling in a child care facility. The department shall adopt
44rules to add the influenza vaccine to its current list of
45required vaccines. A child care facility must furnish proof to
46the department of compliance with this paragraph for each child
47receiving care at the facility by March 31, 2010.
48     Section 2.  Subsection (14) is added to section 402.313,
49Florida Statutes, to read:
50     402.313  Family day care homes.--
51     (14)  Beginning September 1, 2010, and subject to the
52availability of an adequate supply of the influenza vaccine, as
53recommended by the Advisory Committee on Immunization Practices
54of the Centers for Disease Control and Prevention, the influenza
55vaccine shall be administered each influenza season between
56September 1 and February 28 to each child who is enrolled or
57enrolling in a family day care home. The department shall adopt
58rules to add the influenza vaccine to its current list of
59required vaccines. A family day care home must furnish proof to
60the department of compliance with this subsection for each child
61receiving care at the home by March 31, 2010.
62     Section 3.  Subsection (9) is added to section 402.3131,
63Florida Statutes, to read:
64     402.3131  Large family child care homes.--
65     (9)  Beginning September 1, 2010, and subject to the
66availability of an adequate supply of the influenza vaccine, as
67recommended by the Advisory Committee on Immunization Practices
68of the Centers for Disease Control and Prevention, the influenza
69vaccine shall be administered each influenza season between
70September 1 and February 28 to each child who is enrolled or
71enrolling in a large family child care home. The department
72shall adopt rules to add influenza vaccine to its current list
73of required vaccines. A large family child care home must
74furnish proof to the department of compliance with this
75subsection for each child receiving care at the home by March
7631, 2010.
77     Section 4.  This act shall take effect July 1, 2009.


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