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 under the provisions of chapter
   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 under the provisions of chapter
   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.