Florida Senate - 2009 SB 2664 By Senator Bennett 21-01608-09 20092664__ 1 A bill to be entitled 2 An act relating to childhood vaccinations; amending s. 3 1003.22, F.S.; authorizing a parent or guardian to 4 object to immunizing a minor on philosophical grounds; 5 requiring that the parent or guardian sign a form in 6 order to refuse to vaccinate the minor; providing 7 requirements for the form; requiring that the parent 8 or guardian periodically sign a new form in order to 9 continue the exemption; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (5) of section 1003.22, Florida 14 Statutes, is amended to read: 15 1003.22 School-entry health examinations; immunization 16 against communicable diseases; exemptions; duties of Department 17 of Health.— 18 (5) The provisions of this section shall not apply if: 19 (a) The parent or guardian of the child objects in writing 20 that the administration of immunizing agents conflicts with his 21 or her religious or philosophical tenets or practices. If the 22 parent or guardian objects on philosophical grounds, he or she 23 shall sign a refusal-to-vaccinate form, adopted by the American 24 Academy of Pediatrics, provided by a health care provider who is 25 licensed in this state and who, as part of his or her scope of 26 practice, administers childhood vaccinations. This form must 27 indicate that the parent or guardian has been informed by the 28 health care provider of the risks, benefits, and purposes of the 29 vaccinations and of the possible consequences of refusing to 30 vaccinate the child, using the vaccine-information statement 31 from the Centers for Disease Control and Prevention for each 32 vaccine that is declined. An exemption based on philosophical 33 grounds is valid for 2 years, and the parent or guardian must 34 sign a new refusal-to-vaccinate form in order to continue the 35 exemption; 36 (b) A physician licensed under the provisions of chapter 37 458 or chapter 459 certifies in writing, on a form approved and 38 provided by the Department of Health, that the child should be 39 permanently exempt from the required immunization for medical 40 reasons stated in writing, based upon valid clinical reasoning 41 or evidence, demonstrating the need for the permanent exemption; 42 (c) A physician licensed under the provisions of chapter 43 458, chapter 459, or chapter 460 certifies in writing, on a form 44 approved and provided by the Department of Health, that the 45 child has received as many immunizations as are medically 46 indicated at the time and is in the process of completing 47 necessary immunizations; 48 (d) The Department of Health determines that, according to 49 recognized standards of medical practice, any required 50 immunization is unnecessary or hazardous; or 51 (e) An authorized school official issues a temporary 52 exemption, for a period not to exceed 30 school days, to permit 53 a student who transfers into a new county to attend class until 54 his or her records can be obtained. A homeless child, as defined 55 in s. 1003.01, shall be given a temporary exemption for 30 56 school days. The public school health nurse or authorized 57 private school official is responsible for followup of each such 58 student until proper documentation or immunizations are 59 obtained. An exemption for 30 days may be issued for a student 60 who enters a juvenile justice program to permit the student to 61 attend class until his or her records can be obtained or until 62 the immunizations can be obtained. An authorized juvenile 63 justice official is responsible for followup of each student who 64 enters a juvenile justice program until proper documentation or 65 immunizations are obtained. 66 Section 2. This act shall take effect July 1, 2009.