Florida Senate - 2010 SB 222
By Senator Ring
32-00049B-10 2010222__
1 A bill to be entitled
2 An act relating to childhood vaccinations; amending s.
3 1003.22, F.S.; requiring a pediatrician or attending
4 physician to discuss the risks, benefits, and
5 alternatives of each vaccination before a child is
6 vaccinated; providing requirements for the
7 administration of certain vaccines required for school
8 entry; requiring licensed health care providers to
9 provide certain vaccine information statements to
10 parents, legal guardians, and legal representatives
11 before administering certain vaccines to children;
12 requiring health care providers to obtain a signed
13 statement from parents, legal guardians, and legal
14 representatives documenting that the vaccine
15 information statements have been provided; specifying
16 the required contents of the signed statement;
17 requiring health care providers to record the batch
18 and lot number of each vaccine on the signed
19 statement; requiring health care providers to maintain
20 certain records; providing for application of the act
21 to certain vaccine information statements; authorizing
22 the use of a single signed statement for the
23 administration of multiple vaccines under certain
24 circumstances; amending ss. 381.003 and 1002.42, F.S.;
25 conforming cross-references; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Present subsections (6) through (11) of section
31 1003.22, Florida Statutes, are renumbered as subsections (8)
32 through (13), respectively, and new subsections (6) and (7) are
33 added to that section, to read:
34 1003.22 School-entry health examinations; immunization
35 against communicable diseases; exemptions; duties of Department
36 of Health.—
37 (6) Before vaccinating a child, a pediatrician or attending
38 physician must discuss the risks, benefits, and alternatives of
39 each vaccination recommended for the child by the Centers for
40 Disease Control and Prevention of the United States Department
41 of Health and Human Services. Pursuant to s. 1003.22, a child
42 must commence the required vaccination schedule before beginning
43 kindergarten or initial entry into public or private school,
44 whichever occurs earlier.
45 (7)(a) Before administering a vaccine for an immunization
46 required by this section, a licensed health care provider must:
47 1. Provide to the child’s parent, legal guardian, or other
48 legal representative a copy of the current vaccine information
49 statement published about the vaccine by the Centers for Disease
50 Control and Prevention.
51 2. Obtain a signed statement from the child’s parent, legal
52 guardian, or other legal representative in substantially the
53 following form:
54
55 I have received a copy of the vaccine information statement
56 published by the Centers for Disease Control and Prevention. I
57 have read or have had explained to me information about the
58 vaccine to be administered, the benefits and risks of the
59 vaccine, how to report an adverse reaction, the availability of
60 the National Vaccine Injury Compensation Program, and how to
61 obtain more information about childhood diseases and vaccines. I
62 understand the benefits of the vaccine and ask that the vaccine
63 be administered to ...(name of child)..., for whom I am
64 authorized to make this request.
65 Signature: ...(signature)....
66 Name: ...(printed name of parent, legal guardian,
67 or other legal representative)....
68 Date: ...(date)....
69
70 3. Record a notation on the statement of the batch and lot
71 number for each vaccine administered to the child.
72 (b) The health care provider shall maintain a copy of the
73 signed statement in the child’s permanent medical record.
74 (c) This subsection applies to each vaccine information
75 statement published by the Centers for Disease Control and
76 Prevention, regardless of whether the statement is covered by
77 the federal National Vaccine Injury Compensation Program, 42
78 U.S.C. s. 300aa-26. If the Centers for Disease Control and
79 Prevention publish a vaccine information statement that covers
80 multiple vaccines, the health care provider may have the child’s
81 parent, legal guardian, or other legal representative sign a
82 single statement for all of the vaccines covered by the vaccine
83 information statement.
84 Section 2. Paragraph (e) of subsection (1) of section
85 381.003, Florida Statutes, is amended to read:
86 381.003 Communicable disease and AIDS prevention and
87 control.—
88 (1) The department shall conduct a communicable disease
89 prevention and control program as part of fulfilling its public
90 health mission. A communicable disease is any disease caused by
91 transmission of a specific infectious agent, or its toxic
92 products, from an infected person, an infected animal, or the
93 environment to a susceptible host, either directly or
94 indirectly. The communicable disease program must include, but
95 need not be limited to:
96 (e) Programs for the prevention and control of vaccine
97 preventable diseases, including programs to immunize school
98 children as required by s. 1003.22 s. 1003.22(3)-(11) and the
99 development of an automated, electronic, and centralized
100 database or registry of immunizations. The department shall
101 ensure that all children in this state are immunized against
102 vaccine-preventable diseases. The immunization registry shall
103 allow the department to enhance current immunization activities
104 for the purpose of improving the immunization of all children in
105 this state.
106 1. Except as provided in subparagraph 2., the department
107 shall include all children born in this state in the
108 immunization registry by using the birth records from the Office
109 of Vital Statistics. The department shall add other children to
110 the registry as immunization services are provided.
111 2. The parent or guardian of a child may refuse to have the
112 child included in the immunization registry by signing a form
113 obtained from the department, or from the health care
114 practitioner or entity that provides the immunization, which
115 indicates that the parent or guardian does not wish to have the
116 child included in the immunization registry. The decision to not
117 participate in the immunization registry must be noted in the
118 registry.
119 3. The immunization registry shall allow for immunization
120 records to be electronically transferred to entities that are
121 required by law to have such records, including schools,
122 licensed child care facilities, and any other entity that is
123 required by law to obtain proof of a child’s immunizations.
124 4. Any health care practitioner licensed under chapter 458,
125 chapter 459, or chapter 464 in this state who complies with
126 rules adopted by the department to access the immunization
127 registry may, through the immunization registry, directly access
128 immunization records and update a child’s immunization history
129 or exchange immunization information with another authorized
130 practitioner, entity, or agency involved in a child’s care. The
131 information included in the immunization registry must include
132 the child’s name, date of birth, address, and any other unique
133 identifier necessary to correctly identify the child; the
134 immunization record, including the date, type of administered
135 vaccine, and vaccine lot number; and the presence or absence of
136 any adverse reaction or contraindication related to the
137 immunization. Information received by the department for the
138 immunization registry retains its status as confidential medical
139 information and the department must maintain the confidentiality
140 of that information as otherwise required by law. A health care
141 practitioner or other agency that obtains information from the
142 immunization registry must maintain the confidentiality of any
143 medical records in accordance with s. 456.057 or as otherwise
144 required by law.
145 Section 3. Paragraph (a) of subsection (6) of section
146 1002.42, Florida Statutes, is amended to read:
147 1002.42 Private schools.—
148 (6) IMMUNIZATIONS.—The governing authority of each private
149 school shall:
150 (a) Require students to present a certification of
151 immunization in accordance with the provisions of s. 1003.22 s.
152 1003.22(3)-(11).
153 Section 4. This act shall take effect July 1, 2010.