Florida Senate - 2015 CS for SB 954
By the Committee on Fiscal Policy; and Senator Garcia
594-03786A-15 2015954c1
1 A bill to be entitled
2 An act relating to involuntary examinations of minors;
3 amending s. 381.0056, F.S.; revising the definition of
4 the term “emergency health needs”; requiring school
5 health services plans to include notification
6 requirements when a student is removed from school,
7 school transportation, or a school-sponsored activity
8 for involuntary examination; amending s. 394.4599,
9 F.S.; requiring a receiving facility to provide notice
10 of the whereabouts of an adult or emancipated minor
11 patient held for involuntary examination; providing
12 conditions for delay in notification; requiring
13 documentation of contact attempts; amending ss.
14 1002.20 and 1002.33, F.S.; requiring public school or
15 charter school principals or their designees to
16 provide notice of the whereabouts of a student removed
17 from school, school transportation, or a school
18 sponsored activity for involuntary examination;
19 providing conditions for delay in notification;
20 requiring district school boards and charter school
21 governing boards to develop notification policies and
22 procedures; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (2) and paragraph (a) of subsection
27 (4) of section 381.0056, Florida Statutes, are amended to read:
28 381.0056 School health services program.—
29 (2) As used in this section, the term:
30 (a) “Emergency health needs” means onsite evaluation,
31 management, and aid for illness or injury pending the student’s
32 return to the classroom or release to a parent, guardian,
33 designated friend, law enforcement officer, or designated health
34 care provider.
35 (b) “Entity” or “health care entity” means a unit of local
36 government or a political subdivision of the state; a hospital
37 licensed under chapter 395; a health maintenance organization
38 certified under chapter 641; a health insurer authorized under
39 the Florida Insurance Code; a community health center; a migrant
40 health center; a federally qualified health center; an
41 organization that meets the requirements for nonprofit status
42 under s. 501(c)(3) of the Internal Revenue Code; a private
43 industry or business; or a philanthropic foundation that agrees
44 to participate in a public-private partnership with a county
45 health department, local school district, or school in the
46 delivery of school health services, and agrees to the terms and
47 conditions for the delivery of such services as required by this
48 section and as documented in the local school health services
49 plan.
50 (c) “Invasive screening” means any screening procedure in
51 which the skin or any body orifice is penetrated.
52 (d) “Physical examination” means a thorough evaluation of
53 the health status of an individual.
54 (e) “School health services plan” means the document that
55 describes the services to be provided, the responsibility for
56 provision of the services, the anticipated expenditures to
57 provide the services, and evidence of cooperative planning by
58 local school districts and county health departments.
59 (f) “Screening” means presumptive identification of unknown
60 or unrecognized diseases or defects by the application of tests
61 that can be given with ease and rapidity to apparently healthy
62 persons.
63 (4)(a) Each county health department shall develop, jointly
64 with the district school board and the local school health
65 advisory committee, a school health services plan.; and The plan
66 must include, at a minimum, provisions for:
67 1. Health appraisal.;
68 2. Records review.;
69 3. Nurse assessment.;
70 4. Nutrition assessment.;
71 5. A preventive dental program.;
72 6. Vision screening.;
73 7. Hearing screening.;
74 8. Scoliosis screening.;
75 9. Growth and development screening.;
76 10. Health counseling.;
77 11. Referral and followup of suspected or confirmed health
78 problems by the local county health department.;
79 12. Meeting emergency health needs in each school.;
80 13. County health department personnel to assist school
81 personnel in health education curriculum development.;
82 14. Referral of students to appropriate health treatment,
83 in cooperation with the private health community whenever
84 possible.;
85 15. Consultation with a student’s parent or guardian
86 regarding the need for health attention by the family physician,
87 dentist, or other specialist when definitive diagnosis or
88 treatment is indicated.;
89 16. Maintenance of records on incidents of health problems,
90 corrective measures taken, and such other information as may be
91 needed to plan and evaluate health programs; except, however,
92 that provisions in the plan for maintenance of health records of
93 individual students must be in accordance with s. 1002.22.;
94 17. Health information which will be provided by the school
95 health nurses, when necessary, regarding the placement of
96 students in exceptional student programs and the reevaluation at
97 periodic intervals of students placed in such programs.; and
98 18. Notification to the local nonpublic schools of the
99 school health services program and the opportunity for
100 representatives of the local nonpublic schools to participate in
101 the development of the cooperative health services plan.
102 19. Immediate notification to a student’s parent or
103 guardian if the student is removed from school, school
104 transportation, or a school-sponsored activity and taken to a
105 receiving facility for an involuntary examination pursuant to s.
106 394.463, including the requirements established under ss.
107 1002.20(3) and 1002.33(9).
108 Section 2. Present paragraphs (c) through (e) of subsection
109 (2) of section 394.4599, Florida Statutes, are redesignated as
110 paragraphs (d) through (f), respectively, paragraph (b) of that
111 subsection is amended, and a new paragraph (c) is added to that
112 subsection, to read:
113 394.4599 Notice.—
114 (2) INVOLUNTARY PATIENTS.—
115 (b) A receiving facility shall give prompt notice of the
116 whereabouts of an adult or emancipated minor a patient who is
117 being held involuntarily held for examination, in person or by
118 telephonic or other form of electronic communication, by
119 telephone or in person within 24 hours after the patient’s
120 arrival at the facility, unless the patient requests that no
121 notification be made. Contact attempts shall be documented in
122 the patient’s clinical record and shall begin as soon as
123 reasonably possible after the patient’s arrival. Notice that a
124 patient is being admitted as an involuntary patient shall be
125 given to the Florida local advocacy council no later than the
126 next working day after the patient is admitted.
127 (c)1. A receiving facility shall give notice of the
128 whereabouts of a minor patient who is being held involuntarily
129 for examination pursuant to s. 394.463 to the patient’s parent,
130 guardian, or guardian advocate, in person or by telephonic or
131 other form of electronic communication, immediately after the
132 patient’s arrival at the facility. The facility may delay
133 notification for no more than 24 hours after the patient’s
134 arrival if the facility has submitted a report to the central
135 abuse hotline, pursuant to s. 39.201, based upon knowledge or
136 suspicion of abuse, abandonment, or neglect, and deems delay in
137 notification to be in the minor’s best interest.
138 2. The receiving facility shall attempt to notify the minor
139 patient’s parent, guardian, or guardian advocate until the
140 receiving facility receives confirmation from the parent,
141 guardian, or guardian advocate, either verbally, by telephonic
142 or other form of electronic communication, or by recorded
143 message, that notification has been received. Attempts to notify
144 the parent, guardian, or guardian advocate must be repeated at
145 least once every hour during the first 12 hours after the
146 patient’s arrival and once every 24 hours thereafter and must
147 continue until such confirmation is received, until the patient
148 is released at the end of the 72-hour examination period, or
149 until a petition for involuntary placement is filed with the
150 court pursuant to s. 394.463(2)(i). A receiving facility may
151 seek assistance from law enforcement if notification is not made
152 within the first 24 hours after the patient’s arrival. The
153 receiving facility must document notification attempts in the
154 patient’s clinical record.
155 Section 3. Paragraph (l) is added to subsection (3) of
156 section 1002.20, Florida Statutes, to read:
157 1002.20 K-12 student and parent rights.—Parents of public
158 school students must receive accurate and timely information
159 regarding their child’s academic progress and must be informed
160 of ways they can help their child to succeed in school. K-12
161 students and their parents are afforded numerous statutory
162 rights including, but not limited to, the following:
163 (3) HEALTH ISSUES.—
164 (l) Notification of involuntary examinations.—The public
165 school principal or the principal’s designee shall immediately
166 notify the parent of a student who is removed from school,
167 school transportation, or a school-sponsored activity and taken
168 to a receiving facility for an involuntary examination pursuant
169 to s. 394.463. The principal or the principal’s designee may
170 delay notification for no more than 24 hours after the student
171 is removed from school if the principal or designee deems the
172 delay to be in the student’s best interest and if a report has
173 been submitted to the central abuse hotline, pursuant to s.
174 39.201, based upon knowledge or suspicion of abuse, abandonment,
175 or neglect. Each district school board shall develop a policy
176 and procedures for notification under this paragraph.
177 Section 4. Paragraph (q) is added to subsection (9) of
178 section 1002.33, Florida Statutes, to read:
179 1002.33 Charter schools.—
180 (9) CHARTER SCHOOL REQUIREMENTS.—
181 (q) The charter school principal or the principal’s
182 designee shall immediately notify the parent of a student who is
183 removed from school, school transportation, or a school
184 sponsored activity and taken to a receiving facility for an
185 involuntary examination pursuant to s. 394.463. The principal or
186 the principal’s designee may delay notification for no more than
187 24 hours after the student is removed from school if the
188 principal or designee deems the delay to be in the student’s
189 best interest and if a report has been submitted to the central
190 abuse hotline, pursuant to s. 39.201, based upon knowledge or
191 suspicion of abuse, abandonment, or neglect. Each charter school
192 governing board shall develop a policy and procedures for
193 notification under this paragraph.
194 Section 5. This act shall take effect July 1, 2015.