Florida Senate - 2009 SB 190
By Senator Wilson
33-00049-09 2009190__
1 A bill to be entitled
2 An act relating to the school health services program;
3 amending s. 381.0056, F.S.; defining the term “school
4 based health center” for purposes of the School Health
5 Services Act; providing that such a center is a health
6 care entity acting as an instrumentality of the state
7 for purposes of certain limitations on liability;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (3) of section 381.0056, Florida
13 Statutes, is amended to read:
14 381.0056 School health services program.—
15 (3) When used in or for purposes of this section:
16 (a) “Emergency health needs” means onsite management and
17 aid for illness or injury pending the student's return to the
18 classroom or release to a parent, guardian, designated friend,
19 or designated health care provider.
20 (b) “Entity” or “health care entity” means a unit of local
21 government or a political subdivision of the state; a hospital
22 licensed under chapter 395; a health maintenance organization
23 certified under chapter 641; a health insurer authorized under
24 the Florida Insurance Code; a community health center; a migrant
25 health center; a federally qualified health center; an
26 organization that meets the requirements for nonprofit status
27 under s. 501(c)(3) of the Internal Revenue Code; a private
28 industry or business; a school-based health center; or a
29 philanthropic foundation that agrees to participate in a public
30 private partnership with a county health department, local
31 school district, or school in the delivery of school health
32 services, and agrees to the terms and conditions for the
33 delivery of such services as required by this section and as
34 documented in the local school health services plan.
35 (c) “Invasive screening” means any screening procedure in
36 which the skin or any body orifice is penetrated.
37 (d) “Physical examination” means a thorough evaluation of
38 the health status of an individual.
39 (e) “School-based health center” means an organization
40 that, at a minimum:
41 1. Provides at least 25 hours per week of primary care
42 services to adolescents or other school-age children in
43 accordance with state law for the majority of the year.
44 2. Primarily provides services on site at the school, but
45 may also offer linkages and referrals to primary care providers
46 if confidentiality is maintained.
47 3. Provides comprehensive services that include, but are
48 not limited to:
49 a. Acute management and ongoing monitoring of chronic
50 conditions, such as asthma, diabetes, and seizure disorder, in
51 conjunction with a student's regular doctor.
52 b. Well-child or adolescent examinations consisting of a
53 comprehensive health history, including an assessment of high
54 risk behavior for adolescents, complete physical assessment,
55 screening procedures, and anticipatory guidance appropriate to
56 age.
57 c. Immunizations.
58 d. Diagnosis and treatment of acute illnesses and injuries.
59 e. Basic diagnostic laboratory tests.
60 f. Prescriptions or dispensing of commonly used medications
61 for identified health conditions, in accordance with medical
62 practice and pharmacy practice statutes.
63 g. Individual health education and anticipatory guidance
64 for students and parents.
65 4. Provides comprehensive services that may include, but
66 need not be limited to:
67 a. Age-appropriate reproductive health services, including
68 health education; pelvic examinations; diagnosis and treatment
69 of sexually transmitted diseases; testing and counseling for
70 human immunodeficiency virus (HIV) or acquired immune deficiency
71 syndrome (AIDS); and prescribing, dispensing, or referring for
72 birth control, including condoms.
73 b. Basic mental health services, including assessment;
74 individual, group, and family counseling; consultation with
75 school administrators, parents, teachers, and students; and
76 crisis intervention.
77 5. Maintains health records in a manner that is current,
78 detailed, confidential, and organized and permits effective
79 student care and quality review.
80 6. Does not deny access to health care services to students
81 based upon insurance status or ability to pay and does not
82 discriminate with regard to race or ethnicity, religion,
83 national origin, age, disability, gender, or sexual orientation.
84 (f)(e) “School health services plan” means the document
85 that describes the services to be provided, the responsibility
86 for provision of the services, the anticipated expenditures to
87 provide the services, and evidence of cooperative planning by
88 local school districts and county health departments.
89 (g)(f) “Screening” means presumptive identification of
90 unknown or unrecognized diseases or defects by the application
91 of tests that can be given with ease and rapidity to apparently
92 healthy persons.
93 Section 2. This act shall take effect upon becoming a law.