Florida Senate - 2016                                     SB 646
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00779A-16                                           2016646__
    1                        A bill to be entitled                      
    2         An act relating to childhood immunizations; amending
    3         s. 1003.22, F.S.; requiring certain immunization
    4         records to be on file with the State Health Online
    5         Tracking System by a specified date; providing for
    6         rulemaking; revising exemptions to the school-entry
    7         health examination and immunization requirements;
    8         requiring the Department of Health, in collaboration
    9         with the Florida Chapter of the American Academy of
   10         Pediatrics, to prepare an informational video on
   11         immunizations for a parent or guardian to view before
   12         requesting an exemption; requiring the department to
   13         establish other medically appropriate exemptions by
   14         rule; providing that certain exemptions are valid only
   15         for a specified timeframe; requiring the department to
   16         publish immunization and exemption rates for each
   17         public and private school on its website by a
   18         specified date; requiring a public or private school
   19         with a website to post the school’s immunization and
   20         exemption rates on its website by a specified date;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (4), (5), and (8) of section
   26  1003.22, Florida Statutes, are amended to read:
   27         1003.22 School-entry health examinations; immunization
   28  against communicable diseases; exemptions; duties of Department
   29  of Health.—
   30         (4) Each district school board and the governing authority
   31  of each private school shall establish and enforce as policy
   32  that, before prior to admittance to or attendance in a public or
   33  private school, grades kindergarten through grade 12, or any
   34  other initial entrance into a Florida public or private school:,
   35         (a) Each child present or have on file with the school a
   36  certification of immunization for the prevention of those
   37  communicable diseases for which immunization is required by the
   38  Department of Health and further shall provide for appropriate
   39  screening of its students for scoliosis at the proper age. Such
   40  certification shall be made on forms approved and provided by
   41  the Department of Health and shall become a part of each
   42  student’s permanent record, to be transferred when the student
   43  transfers, is promoted, or changes schools. The transfer of such
   44  immunization certification by Florida public schools shall be
   45  accomplished using the Florida Automated System for Transferring
   46  Education Records and shall be deemed to meet the requirements
   47  of this section.
   48         (b) Before the 2017-2018 school year, each child have on
   49  file with the State Health Online Tracking System, or Florida
   50  SHOTS, a record of immunization for the prevention of those
   51  communicable diseases for which immunization is required by the
   52  Department of Health. The Department of Health shall adopt rules
   53  to implement this paragraph.
   54         (5)(a)The provisions of This section does shall not apply
   55  if one of the following occurs:
   56         1.(a) The parent of the child objects in writing on the
   57  basis that the administration of immunizing agents conflicts
   58  with his or her religious tenets or practices. Before receiving
   59  this exemption, the parent or guardian of the child must review
   60  an informational video provided by the Department of Health on
   61  the benefits and risks of the immunization and the health risks
   62  of the vaccine-preventable diseases to the child and to the
   63  community. This informational video shall be prepared by the
   64  Department of Health in collaboration with the Florida Chapter
   65  of the American Academy of Pediatrics. This exemption shall be
   66  entered into Florida SHOTS by Department of Health personnel.;
   67         2.(b) A physician licensed under the provisions of chapter
   68  458 or chapter 459 certifies in writing, on a form approved and
   69  provided by the Department of Health which is accessible through
   70  Florida SHOTS, that the child has been diagnosed with T cell or
   71  combined T and B cell immunodeficiency, has been diagnosed with
   72  any other immunodeficiency for which live virus vaccines are
   73  contraindicated, or is undergoing a solid organ or bone marrow
   74  transplant and should be permanently exempt from the required
   75  immunization. The Department of Health shall adopt by rule a
   76  list of additional diseases or other medical conditions for
   77  which a permanent exemption from the required immunizations is
   78  medically appropriate. for medical reasons stated in writing,
   79  based upon valid clinical reasoning or evidence, demonstrating
   80  the need for the permanent exemption;
   81         3.(c)A physician licensed under chapter 458 or chapter 459
   82  certifies in writing, on a form approved and provided by the
   83  Department of Health which is accessible through Florida SHOTS,
   84  that the child should be exempt from the required immunization
   85  for medical reasons that are stated in writing, based upon valid
   86  clinical reasoning or evidence, and demonstrate the need for the
   87  exemption. Before receiving this exemption, the parent or
   88  guardian of the child must review the informational video
   89  provided in subparagraph 1. at his or her physician’s office on
   90  the benefits and risks of the immunization and the health risks
   91  of the vaccine-preventable diseases to the child and to the
   92  community.
   93         4. A physician licensed under the provisions of chapter
   94  458, chapter 459, or chapter 460 certifies in writing, on a form
   95  approved and provided by the Department of Health which is
   96  accessible through Florida SHOTS, that the child has received as
   97  many immunizations as are medically indicated at the time and is
   98  in the process of completing necessary immunizations.;
   99         5.(d) The Department of Health determines that, according
  100  to the United States Centers for Disease Control and Prevention
  101  recognized standards of medical practice, any required
  102  immunization is no longer recommended or necessary. unnecessary
  103  or hazardous; or
  104         6.(e) An authorized school official issues a temporary
  105  exemption, for up to 30 school days, to permit a student who
  106  transfers into a new county to attend class until his or her
  107  records can be obtained. Children and youths who are
  108  experiencing homelessness and children who are known to the
  109  department, as defined in s. 39.0016, shall be given a temporary
  110  exemption for 30 school days. The public school health nurse or
  111  authorized private school official is responsible for followup
  112  of each such student until proper documentation or immunizations
  113  are obtained. An exemption for 30 days may be issued for a
  114  student who enters a juvenile justice program to permit the
  115  student to attend class until his or her records can be obtained
  116  or until the immunizations can be obtained. An authorized
  117  juvenile justice official is responsible for followup of each
  118  student who enters a juvenile justice program until proper
  119  documentation or immunizations are obtained.
  120         (b) A certificate of exemption issued pursuant to
  121  subparagraph 1. or subparagraph 3. is valid only for 2 years.
  122  The Department of Health may adopt a form to be used for the
  123  renewal of a certificate of exemption.
  124         (8) The Department of Health shall determine compliance
  125  with this section through the use of Florida SHOTS. The
  126  Department of Health shall publish the immunization and
  127  exemption rates for each public and private school by November 1
  128  of each year. Additionally, each school that maintains a website
  129  shall post the school’s immunization and exemption rates on its
  130  website by November 1 of each year Each public school, including
  131  public kindergarten, and each private school, including private
  132  kindergarten, shall be required to provide to the county health
  133  department director or administrator annual reports of
  134  compliance with the provisions of this section. Reports shall be
  135  completed on forms provided by the Department of Health for each
  136  kindergarten, and other grade as specified; and the reports
  137  shall include the status of children who were admitted at the
  138  beginning of the school year. After consultation with the
  139  Department of Education, the Department of Health shall
  140  establish by administrative rule the dates for submission of
  141  these reports, the grades for which the reports shall be
  142  required, and the forms to be used.
  143         Section 2. This act shall take effect July 1, 2016.