Florida Senate - 2010 SB 1262
By Senator Wilson
33-00950-10 20101262__
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, 2011, 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 before enrollment in
30 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. Children and youths who are experiencing
41 homelessness and children who are known to the department, as
42 defined in s. 39.0016, shall be given a temporary exemption for
43 30 school days. Any district school board that establishes such
44 a policy shall include provisions in its local school health
45 services plan to assist students in obtaining the health or
46 vision examinations. However, a child shall be exempted from the
47 requirement of a health examination or a vision examination upon
48 written request of the parent of the child stating objections to
49 the examination on religious grounds.
50 (2) The State Board of Education, subject to the
51 concurrence of the Department of Health, shall adopt rules to
52 govern medical examinations and immunizations performed under
53 this section.
54 (3) The Department of Health may adopt rules necessary to
55 administer and enforce this section. The Department of Health,
56 after consultation with the Department of Education, shall adopt
57 rules governing the immunization of children against, the
58 testing for, and the control of preventable communicable
59 diseases. The rules must include procedures for exempting a
60 child from immunization requirements. Immunizations shall be
61 required for poliomyelitis, diphtheria, rubeola, rubella,
62 pertussis, mumps, tetanus, and other communicable diseases as
63 determined by rules of the Department of Health. The manner and
64 frequency of administration of the immunization or testing shall
65 conform to recognized standards of medical practice. The
66 Department of Health shall supervise and secure the enforcement
67 of the required immunization. Immunizations required by this
68 section shall be available at no cost from the county health
69 departments.
70 (4) Each district school board and the governing authority
71 of each private school shall establish and enforce as policy
72 that, prior to admittance to or attendance in a public or
73 private school, grades kindergarten through 12, or any other
74 initial entrance into a Florida public or private school, each
75 child present or have on file with the school a certification of
76 immunization for the prevention of those communicable diseases
77 for which immunization is required by the Department of Health
78 and further shall provide for appropriate screening of its
79 students for scoliosis at the proper age. Such certification
80 shall be made on forms approved and provided by the Department
81 of Health and shall become a part of each student’s permanent
82 record, to be transferred when the student transfers, is
83 promoted, or changes schools. The transfer of such immunization
84 certification by Florida public schools shall be accomplished
85 using the Florida Automated System for Transferring Education
86 Records and shall be deemed to meet the requirements of this
87 section.
88 (5) The provisions of This section does shall not apply if:
89 (a) The parent of the child objects in writing that the
90 administration of immunizing agents conflicts with his or her
91 religious tenets or practices;
92 (b) A physician licensed under the provisions of chapter
93 458 or chapter 459 certifies in writing, on a form approved and
94 provided by the Department of Health, that the child should be
95 permanently exempt from the required immunization for medical
96 reasons stated in writing, based upon valid clinical reasoning
97 or evidence, demonstrating the need for the permanent exemption;
98 (c) A physician licensed under the provisions of chapter
99 458, chapter 459, or chapter 460 certifies in writing, on a form
100 approved and provided by the Department of Health, that the
101 child has received as many immunizations as are medically
102 indicated at the time and is in the process of completing
103 necessary immunizations;
104 (d) The Department of Health determines that, according to
105 recognized standards of medical practice, any required
106 immunization is unnecessary or hazardous; or
107 (e) An authorized school official issues a temporary
108 exemption, for up to 30 school days, to permit a student who
109 transfers into a new county to attend class until his or her
110 records can be obtained. Children and youths who are
111 experiencing homelessness and children who are known to the
112 department, as defined in s. 39.0016, shall be given a temporary
113 exemption for 30 school days. The public school health nurse or
114 authorized private school official is responsible for followup
115 of each such student until proper documentation or immunizations
116 are obtained. An exemption for 30 days may be issued for a
117 student who enters a juvenile justice program to permit the
118 student to attend class until his or her records can be obtained
119 or until the immunizations can be obtained. An authorized
120 juvenile justice official is responsible for followup of each
121 student who enters a juvenile justice program until proper
122 documentation or immunizations are obtained.
123 (6)(a) A No person licensed by this state as a physician or
124 nurse is not shall be liable for any injury caused by his or her
125 action or failure to act in the administration of a vaccine or
126 other immunizing agent pursuant to the provisions of this
127 section if the person acts as a reasonably prudent person with
128 similar professional training would have acted under the same or
129 similar circumstances.
130 (b) A No member of a district school board, or any of its
131 employees, or member of a governing board of a private school,
132 or any of its employees, is not shall be liable for any injury
133 caused by the administration of a vaccine to any student who is
134 required to be so immunized or for a failure to diagnose
135 scoliosis pursuant to the provisions of this section.
136 (7) The parents of any child admitted to or in attendance
137 at a Florida public or private school, grades prekindergarten
138 through 12, are responsible for assuring that the child is in
139 compliance with the provisions of this section.
140 (8) Each public school, including public kindergarten, and
141 each private school, including private kindergarten, shall be
142 required to provide to the county health department director or
143 administrator annual reports of compliance with the provisions
144 of this section. Reports shall be completed on forms provided by
145 the Department of Health for each kindergarten, and other grade
146 as specified; and the reports shall include the status of
147 children who were admitted at the beginning of the school year.
148 After consultation with the Department of Education, the
149 Department of Health shall establish by administrative rule the
150 dates for submission of these reports, the grades for which the
151 reports shall be required, and the forms to be used.
152 (9) The presence of any of the communicable diseases for
153 which immunization is required by the Department of Health in a
154 Florida public or private school shall permit the county health
155 department director or administrator or the State Health Officer
156 to declare a communicable disease emergency. The declaration of
157 such emergency shall mandate that all students in attendance in
158 the school who are not in compliance with the provisions of this
159 section be identified by the district school board or by the
160 governing authority of the private school; and the school health
161 and immunization records of such children shall be made
162 available to the county health department director or
163 administrator. Those children identified as not being immunized
164 against the disease for which the emergency has been declared
165 shall be temporarily excluded from school by the district school
166 board, or the governing authority of the private school, until
167 such time as is specified by the county health department
168 director or administrator.
169 (10) Each district school board and the governing authority
170 of each private school shall:
171 (a) Refuse admittance to any child otherwise entitled to
172 admittance to kindergarten, or any other initial entrance into a
173 Florida public or private school, who is not in compliance with
174 the provisions of subsection (4).
175 (b) Temporarily exclude from attendance any student who is
176 not in compliance with the provisions of subsection (4).
177 (11) The provisions of This section does do not apply to
178 those persons admitted to or attending adult education classes
179 unless the adult students are under 21 years of age.
180 Section 2. Paragraph (a) of subsection (3) of section
181 1002.20, Florida Statutes, is amended to read:
182 1002.20 K-12 student and parent rights.—Parents of public
183 school students must receive accurate and timely information
184 regarding their child’s academic progress and must be informed
185 of ways they can help their child to succeed in school. K-12
186 students and their parents are afforded numerous statutory
187 rights including, but not limited to, the following:
188 (3) HEALTH ISSUES.—
189 (a) School-entry health and vision examinations.—The parent
190 of any child attending a public or private school shall be
191 exempt from the requirement of a health examination or a vision
192 examination upon written request stating objections on religious
193 grounds in accordance with the provisions of s. 1003.22(1) and
194 (2).
195 Section 3. Subsection (5) of section 1002.42, Florida
196 Statutes, is amended to read:
197 1002.42 Private schools.—
198 (5) SCHOOL-ENTRY HEALTH EXAMINATIONS.—The governing
199 authority of each private school shall require students to
200 present a certification of a school-entry health examination and
201 a certification of a school-entry comprehensive vision
202 examination in accordance with the provisions of s. 1003.22(1)
203 and (2).
204 Section 4. Notwithstanding any other provision of law and
205 in addition to the sales tax imposed under chapter 212, Florida
206 Statutes, a fee of 25 cents shall be imposed on the retail sale
207 of nonprescription eyeglasses. Such fee shall be collected by
208 the dealer and remitted to the Department of Revenue for deposit
209 into the Administrative Trust Fund of the Department of Health
210 for the purpose of providing funds to parents in need of
211 financial assistance to pay for the school-entry comprehensive
212 vision examination required under s. 1003.22(1), Florida
213 Statutes. The Department of Health shall adopt rules relating to
214 eligibility for and distribution of such funds.
215 Section 5. Except as otherwise expressly provided in this
216 act, this act shall take effect July 1, 2010.