Florida Senate - 2009 SB 194 By Senator Wilson 33-00100-09 2009194__ 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 5 state to present evidence of having received a 6 comprehensive vision examination; providing an 7 exemption; amending ss. 1002.20 and 1002.42, F.S.; 8 conforming provisions; requiring the imposition of a 9 fee on the retail sale of nonprescription eyeglasses; 10 providing for the fee to be used by the Department of 11 Health to assist parents in paying for school-entry 12 comprehensive vision examinations; requiring rules for 13 eligibility for and the distribution of funds; 14 providing effective dates. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Effective July 1, 2010, section 1003.22, Florida 19 Statutes, is amended to read: 20 1003.22 School-entry health and vision examinations; 21 immunization against communicable diseases; exemptions; duties 22 of Department of Health.— 23 (1) Each district school board and the governing authority 24 of each private school shall require that each child who is 25 entitled to admittance to kindergarten, or is entitled to any 26 other initial entrance into a public or private school in this 27 state, present a certification of a school-entry health 28 examination and a certification of a school-entry comprehensive 29 vision examination performed within 1 year prior to enrollment 30 in school. The vision examination must be performed by an 31 optometrist licensed under chapter 463, an ophthalmologist 32 licensed under chapter 458 or chapter 459, or an optometrist or 33 ophthalmologist licensed in any other state in which the 34 requirements for licensure are equivalent to or more stringent 35 than those in this state. Each district school board, and the 36 governing authority of each private school, may establish a 37 policy that permits a student up to 30 school days to present a 38 certification of a school-entry health examination and up to 120 39 days to present a certification of a school-entry comprehensive 40 vision examination. A homeless child, as defined in s. 1003.01, 41 shall be given a temporary exemption for 30 school days. Any 42 district school board that establishes such a policy shall 43 include provisions in its local school health services plan to 44 assist students in obtaining the health or vision examinations. 45 However, any child shall be exempt from the requirement of a 46 health examination or a vision examination upon written request 47 of the parent of the child stating objections to the examination 48 on religious grounds. 49 (2) The State Board of Education, subject to the 50 concurrence of the Department of Health, shall adopt rules to 51 govern medical examinations and immunizations performed under 52 this section. 53 (3) The Department of Health may adopt rules necessary to 54 administer and enforce this section. The Department of Health, 55 after consultation with the Department of Education, shall adopt 56 rules governing the immunization of children against, the 57 testing for, and the control of preventable communicable 58 diseases. The rules must include procedures for exempting a 59 child from immunization requirements. Immunizations shall be 60 required for poliomyelitis, diphtheria, rubeola, rubella, 61 pertussis, mumps, tetanus, and other communicable diseases as 62 determined by rules of the Department of Health. The manner and 63 frequency of administration of the immunization or testing shall 64 conform to recognized standards of medical practice. The 65 Department of Health shall supervise and secure the enforcement 66 of the required immunization. Immunizations required by this 67 section shall be available at no cost from the county health 68 departments. 69 (4) Each district school board and the governing authority 70 of each private school shall establish and enforce as policy 71 that, prior to admittance to or attendance in a public or 72 private school, grades kindergarten through 12, or any other 73 initial entrance into a Florida public or private school, each 74 child present or have on file with the school a certification of 75 immunization for the prevention of those communicable diseases 76 for which immunization is required by the Department of Health 77 and further shall provide for appropriate screening of its 78 students for scoliosis at the proper age. Such certification 79 shall be made on forms approved and provided by the Department 80 of Health and shall become a part of each student's permanent 81 record, to be transferred when the student transfers, is 82 promoted, or changes schools. The transfer of such immunization 83 certification by Florida public schools shall be accomplished 84 using the Florida Automated System for Transferring Education 85 Records and shall be deemed to meet the requirements of this 86 section. 87 (5) The provisions of this section shall not apply if: 88 (a) The parent of the child objects in writing that the 89 administration of immunizing agents conflicts with his or her 90 religious tenets or practices; 91 (b) A physician licensed underthe provisions ofchapter 92 458 or chapter 459 certifies in writing, on a form approved and 93 provided by the Department of Health, that the child should be 94 permanently exempt from the required immunization for medical 95 reasons stated in writing, based upon valid clinical reasoning 96 or evidence, demonstrating the need for the permanent exemption; 97 (c) A physician licensed underthe provisions ofchapter 98 458, chapter 459, or chapter 460 certifies in writing, on a form 99 approved and provided by the Department of Health, that the 100 child has received as many immunizations as are medically 101 indicated at the time and is in the process of completing 102 necessary immunizations; 103 (d) The Department of Health determines that, according to 104 recognized standards of medical practice, any required 105 immunization is unnecessary or hazardous; or 106 (e) An authorized school official issues a temporary 107 exemption, for a period not to exceed 30 school days, to permit 108 a student who transfers into a new county to attend class until 109 his or her records can be obtained. A homeless child, as defined 110 in s. 1003.01, shall be given a temporary exemption for 30 111 school days. The public school health nurse or authorized 112 private school official is responsible for followup of each such 113 student until proper documentation or immunizations are 114 obtained. An exemption for 30 days may be issued for a student 115 who enters a juvenile justice program to permit the student to 116 attend class until his or her records can be obtained or until 117 the immunizations can be obtained. An authorized juvenile 118 justice official is responsible for followup of each student who 119 enters a juvenile justice program until proper documentation or 120 immunizations are obtained. 121 (6)(a) No person licensed by this state as a physician or 122 nurse shall be liable for any injury caused by his or her action 123 or failure to act in the administration of a vaccine or other 124 immunizing agent pursuant to the provisions of this section if 125 the person acts as a reasonably prudent person with similar 126 professional training would have acted under the same or similar 127 circumstances. 128 (b) No member of a district school board, or any of its 129 employees, or member of a governing board of a private school, 130 or any of its employees, shall be liable for any injury caused 131 by the administration of a vaccine to any student who is 132 required to be so immunized or for a failure to diagnose 133 scoliosis pursuant to the provisions of this section. 134 (7) The parents of any child admitted to or in attendance 135 at a Florida public or private school, grades prekindergarten 136 through 12, are responsible for assuring that the child is in 137 compliance with the provisions of this section. 138 (8) Each public school, including public kindergarten, and 139 each private school, including private kindergarten, shall be 140 required to provide to the county health department director or 141 administrator annual reports of compliance with the provisions 142 of this section. Reports shall be completed on forms provided by 143 the Department of Health for each kindergarten, and other grade 144 as specified; and the reports shall include the status of 145 children who were admitted at the beginning of the school year. 146 After consultation with the Department of Education, the 147 Department of Health shall establish by administrative rule the 148 dates for submission of these reports, the grades for which the 149 reports shall be required, and the forms to be used. 150 (9) The presence of any of the communicable diseases for 151 which immunization is required by the Department of Health in a 152 Florida public or private school shall permit the county health 153 department director or administrator or the State Health Officer 154 to declare a communicable disease emergency. The declaration of 155 such emergency shall mandate that all students in attendance in 156 the school who are not in compliance with the provisions of this 157 section be identified by the district school board or by the 158 governing authority of the private school; and the school health 159 and immunization records of such children shall be made 160 available to the county health department director or 161 administrator. Those children identified as not being immunized 162 against the disease for which the emergency has been declared 163 shall be temporarily excluded from school by the district school 164 board, or the governing authority of the private school, until 165 such time as is specified by the county health department 166 director or administrator. 167 (10) Each district school board and the governing authority 168 of each private school shall: 169 (a) Refuse admittance to any child otherwise entitled to 170 admittance to kindergarten, or any other initial entrance into a 171 Florida public or private school, who is not in compliance with 172 the provisions of subsection (4). 173 (b) Temporarily exclude from attendance any student who is 174 not in compliance with the provisions of subsection (4). 175 (11) The provisions of this section do not apply to those 176 persons admitted to or attending adult education classes unless 177 the adult students are under 21 years of age. 178 Section 2. Paragraph (a) of subsection (3) of section 179 1002.20, Florida Statutes, is amended to read: 180 1002.20 K-12 student and parent rights.—Parents of public 181 school students must receive accurate and timely information 182 regarding their child's academic progress and must be informed 183 of ways they can help their child to succeed in school. K-12 184 students and their parents are afforded numerous statutory 185 rights including, but not limited to, the following: 186 (3) HEALTH ISSUES.— 187 (a) School-entry health and vision examinations.—The parent 188 of any child attending a public or private school shall be 189 exempt from the requirement of a health examination or a vision 190 examination upon written request stating objections on religious 191 grounds in accordance with the provisions of s. 1003.22(1) and 192 (2). 193 Section 3. Subsection (5) of section 1002.42, Florida 194 Statutes, is amended to read: 195 1002.42 Private schools.— 196 (5) SCHOOL-ENTRY HEALTH EXAMINATIONS.—The governing 197 authority of each private school shall require students to 198 present a certification of a school-entry health examination and 199 a certification of a school-entry comprehensive vision 200 examination in accordance with the provisions of s. 1003.22(1) 201 and (2). 202 Section 4. Notwithstanding any other provision of law and 203 in addition to the sales tax imposed under chapter 212, Florida 204 Statutes, a 25-cent fee shall be imposed on the retail sale of 205 nonprescription eyeglasses. Such fee shall be collected by the 206 dealer and remitted to the Department of Revenue for deposit 207 into the Administrative Trust Fund of the Department of Health 208 for the purpose of providing funds to parents in need of 209 financial assistance to pay for the school-entry comprehensive 210 vision examination required under s. 1003.22(1), Florida 211 Statutes. The Department of Health shall adopt rules relating to 212 eligibility for and distribution of such funds. 213 Section 5. Except as otherwise expressly provided in this 214 act, this act shall take effect July 1, 2009.