Florida Senate - 2021                                    SB 1936
       
       
        
       By Senator Book
       
       
       
       
       
       32-00057B-21                                          20211936__
    1                        A bill to be entitled                      
    2         An act relating to exemptions from school-entry health
    3         requirements; amending s. 1003.22, F.S.; deleting an
    4         exemption from school-entry health examinations for
    5         religious reasons; revising provisions relating to
    6         immunization requirements for children; authorizing
    7         the Department of Health to adopt certain emergency
    8         rules; requiring the Board of Medicine and the Board
    9         of Osteopathic Medicine, jointly, to create a medical
   10         exemption review panel; requiring the panel to review
   11         certain medical exemptions filed with the Department
   12         of Health; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (1), (3), and (5) of section
   17  1003.22, Florida Statutes, are amended to read:
   18         1003.22 School-entry health examinations; immunization
   19  against communicable diseases; exemptions; duties of Department
   20  of Health.—
   21         (1) Each district school board and the governing authority
   22  of each private school shall require that each child who is
   23  entitled to admittance to kindergarten, or is entitled to any
   24  other initial entrance into a public or private school in this
   25  state, present a certification of a school-entry health
   26  examination performed within 1 year before enrollment in school.
   27  Each district school board, and the governing authority of each
   28  private school, may establish a policy that permits a student up
   29  to 30 school days to present a certification of a school-entry
   30  health examination. Children and youths who are experiencing
   31  homelessness and children who are known to the department, as
   32  defined in s. 39.0016, shall be given a temporary exemption for
   33  30 school days. Any district school board that establishes such
   34  a policy shall include provisions in its local school health
   35  services plan to assist students in obtaining the health
   36  examinations. However, a child shall be exempted from the
   37  requirement of a health examination upon written request of the
   38  parent of the child stating objections to the examination on
   39  religious grounds.
   40         (3) The Department of Health may adopt rules necessary to
   41  administer and enforce this section. The Department of Health,
   42  after consultation with the Department of Education, shall adopt
   43  rules governing the immunization of children against, the
   44  testing for, and the control of preventable communicable
   45  diseases. The rules must include procedures for exempting a
   46  child from immunization requirements. Immunizations shall be
   47  required for poliomyelitis, diphtheria, rubeola, rubella,
   48  pertussis, mumps, tetanus, and other communicable diseases as
   49  determined by rules of the Department of Health. The manner and
   50  frequency of administration of the immunization or testing must
   51  shall conform to recognized standards of medical practice. The
   52  Department of Health shall supervise and secure the enforcement
   53  of the required immunization. County health departments shall
   54  make available at no cost immunizations required by this section
   55  shall be available at no cost from the county health
   56  departments.
   57         (a)All of the following immunizations are required for
   58  children, except as provided in subparagraphs (5)(a)2.-5.:
   59         1.Diphtheria.
   60         2.Haemophilus influenzae type b.
   61         3.Hepatitis B.
   62         4.Mumps.
   63         5.Pertussis.
   64         6.Poliomyelitis.
   65         7.Rubella.
   66         8.Rubeola.
   67         9.Tetanus.
   68         10.Varicella.
   69         (b)The Department of Health may require by rule, including
   70  by emergency rule under s. 120.54(4), immunization of children
   71  for any other communicable disease to protect the health,
   72  safety, or welfare of the public.
   73         (5)(a)The provisions of This section does shall not apply
   74  if any of the following occurs:
   75         1.(a) The parent of the child objects in writing that the
   76  administration of an immunizing agent required under paragraph
   77  (3)(b) agents conflicts with his or her religious tenets or
   78  practices. An exemption under this subparagraph is applicable
   79  only to the immunizing agent specified in the objection and may
   80  not be applied to an immunizing agent required under paragraph
   81  (3)(a) or introduced into the market before January 1, 2021.;
   82         2.(b) A physician licensed under the provisions of chapter
   83  458 or chapter 459 certifies in writing, on a form approved and
   84  provided by the Department of Health, that the child should be
   85  permanently exempt from the required immunization for medical
   86  reasons stated in writing, based upon valid clinical reasoning
   87  or evidence, demonstrating the need for the permanent
   88  exemption.;
   89         3.(c) A physician licensed under the provisions of chapter
   90  458, chapter 459, or chapter 460 certifies in writing, on a form
   91  approved and provided by the Department of Health, that the
   92  child has received as many immunizations as are medically
   93  indicated at the time and is in the process of completing
   94  necessary immunizations.;
   95         4.(d) The Department of Health determines that, according
   96  to recognized standards of medical practice, any required
   97  immunization is unnecessary or hazardous.; or
   98         5.(e) An authorized school official issues a temporary
   99  exemption, for up to 30 school days, to permit a student who
  100  transfers into a new county to attend class until his or her
  101  records can be obtained. Children and youths who are
  102  experiencing homelessness and children who are known to the
  103  department, as defined in s. 39.0016, shall be given a temporary
  104  exemption for 30 school days. The public school health nurse or
  105  authorized private school official is responsible for followup
  106  of each such student until proper documentation or immunizations
  107  are obtained. An exemption for 30 days may be issued for a
  108  student who enters a juvenile justice program to permit the
  109  student to attend class until his or her records can be obtained
  110  or until the immunizations can be obtained. An authorized
  111  juvenile justice official is responsible for followup of each
  112  student who enters a juvenile justice program until proper
  113  documentation or immunizations are obtained.
  114         (b)The Board of Medicine and the Board of Osteopathic
  115  Medicine, jointly, shall create a medical exemption review panel
  116  that shall review all medical exemptions filed with the
  117  Department of Health pursuant to subparagraphs (a)2. and 3.
  118         Section 2. This act shall take effect July 1, 2021.