Florida Senate - 2009 SB 2296 By Senator Constantine 22-01717A-09 20092296__ 1 A bill to be entitled 2 An act relating to the influenza vaccine; amending ss. 3 402.305, 402.313, and 402.3131, F.S.; requiring 4 children receiving care at child care facilities, 5 family day care homes, and large family child care 6 homes to be vaccinated for the influenza virus; 7 requiring the Department of Health to adopt rules to 8 add the vaccine to its list of required vaccines; 9 requiring child care facilities, family day care 10 homes, and large family child care homes to furnish 11 proof of compliance to the department by a specified 12 date; providing an effective date. 13 14 WHEREAS, the state of Florida recognizes the importance of 15 the influenza vaccine for children enrolled or enrolling in 16 child care programs, and 17 WHEREAS, the Bureau of Immunization within the Department 18 of Health acknowledges that vaccines, including the influenza 19 vaccine, focus on disease prevention and are the most cost 20 effective medical intervention, and 21 WHEREAS, the Centers for Disease Control and Prevention, 22 through the Advisory Committee on Immunization Practices, 23 recommends that annual vaccination of all children aged 6 months 24 through 4 years continue to be a primary focus of vaccination 25 efforts because these children are at higher risk for influenza 26 complications compared with older children, and 27 WHEREAS, vaccination against influenza each fall remains 28 the primary mechanism to prevent disease, NOW, THEREFORE, 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Present paragraphs (b) and (c) of subsection (9) 33 of section 402.305, Florida Statutes, are redesignated as 34 paragraphs (c) and (d), respectively, and a new paragraph (b) is 35 added to that subsection, to read: 36 402.305 Licensing standards; child care facilities.— 37 (9) ADMISSIONS AND RECORDKEEPING.— 38 (b) Beginning September 1, 2010, and subject to the 39 availability of an adequate supply of the influenza vaccine, as 40 recommended by the Advisory Committee on Immunization Practices 41 of the Centers for Disease Control and Prevention, the influenza 42 vaccine shall be administered each influenza season between 43 September 1 and February 28 to each child who is enrolled or 44 enrolling in a child care facility. The department shall adopt 45 rules to add the influenza vaccine to its current list of 46 required vaccines. A child care facility must furnish proof to 47 the department of compliance with this paragraph for each child 48 receiving care at the facility by March 31, 2010. 49 Section 2. Subsection (14) is added to section 402.313, 50 Florida Statutes, to read: 51 402.313 Family day care homes.— 52 (14) Beginning September 1, 2010, and subject to the 53 availability of an adequate supply of the influenza vaccine, as 54 recommended by the Advisory Committee on Immunization Practices 55 of the Centers for Disease Control and Prevention, the influenza 56 vaccine shall be administered each influenza season between 57 September 1 and February 28 to each child who is enrolled or 58 enrolling in a family day care home. The department shall adopt 59 rules to add the influenza vaccine to its current list of 60 required vaccines. A family day care home must furnish proof to 61 the department of compliance with this subsection for each child 62 receiving care at the home by March 31, 2010. 63 Section 3. Subsection (9) is added to section 402.3131, 64 Florida Statutes, to read: 65 402.3131 Large family child care homes.— 66 (9) Beginning September 1, 2010, and subject to the 67 availability of an adequate supply of the influenza vaccine, as 68 recommended by the Advisory Committee on Immunization Practices 69 of the Centers for Disease Control and Prevention, the influenza 70 vaccine shall be administered each influenza season between 71 September 1 and February 28 to each child who is enrolled or 72 enrolling in a large family child care home. The department 73 shall adopt rules to add influenza vaccine to its current list 74 of required vaccines. A large family child care home must 75 furnish proof to the department of compliance with this 76 subsection for each child receiving care at the home by March 77 31, 2010. 78 Section 4. This act shall take effect July 1, 2009.