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A bill to be entitled

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An act relating to the school health services program;

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amending s. 381.0056, F.S.; defining the term "school-

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based health center" for purposes of the School Health

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Services Act; providing that such a center is a health

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care entity acting as an instrumentality of the state for

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purposes of certain limitations on liability; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (3) of section 381.0056, Florida

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Statutes, is amended to read:

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     381.0056  School health services program.--

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     (3)  When used in or for purposes of this section:

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     (a)  "Emergency health needs" means onsite management and

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aid for illness or injury pending the student's return to the

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classroom or release to a parent, guardian, designated friend, or

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designated health care provider.

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     (b)  "Entity" or "health care entity" means a unit of local

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government or a political subdivision of the state; a hospital

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licensed under chapter 395; a health maintenance organization

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certified under chapter 641; a health insurer authorized under

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the Florida Insurance Code; a community health center; a migrant

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health center; a federally qualified health center; an

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organization that meets the requirements for nonprofit status

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under s. 501(c)(3) of the Internal Revenue Code; a private

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industry or business; a school-based health center; or a

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philanthropic foundation that agrees to participate in a public-

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private partnership with a county health department, local school

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district, or school in the delivery of school health services,

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and agrees to the terms and conditions for the delivery of such

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services as required by this section and as documented in the

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local school health services plan.

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     (c)  "Invasive screening" means any screening procedure in

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which the skin or any body orifice is penetrated.

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     (d)  "Physical examination" means a thorough evaluation of

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the health status of an individual.

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     (e) "School-based health center" means an organization

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that, at a minimum:

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     1. Provides at least 25 hours per week of primary care

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services to adolescents or other school-age children in

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accordance with state law for the majority of the year.

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     2. Primarily provides services onsite at the school, but

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may also offer linkages and referrals to primary care providers

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if confidentiality is maintained.

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     3. Provides comprehensive services that include, but are

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not limited to:

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     a. Acute management and ongoing monitoring of chronic

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conditions, such as asthma, diabetes, and seizure disorder, in

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conjunction with a student's regular doctor.

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     b. Well-child or adolescent examinations consisting of a

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comprehensive health history, including an assessment of high-

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risk behavior for adolescents, complete physical assessment,

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screening procedures, and anticipatory guidance appropriate to

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age.

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     c. Immunizations.

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     d. Diagnosis and treatment of acute illnesses and injuries.

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     e. Basic diagnostic laboratory tests.

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     f. Prescriptions or dispensing of commonly used medications

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for identified health conditions, in accordance with medical

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practice and pharmacy practice statutes.

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     g. Individual health education and anticipatory guidance

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for students and parents.

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     4. Provides comprehensive services that may include, but

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need not be limited to:

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     a. Age-appropriate reproductive health services, including

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health education; pelvic examinations; diagnosis and treatment of

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sexually transmitted diseases; testing and counseling for human

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immunodeficiency virus (HIV) or acquired immune deficiency

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syndrome (AIDS); and prescribing, dispensing, or referring for

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birth control, including condoms.

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     b. Basic mental health services, including assessment;

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individual, group, and family counseling; consultation with

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school administrators, parents, teachers, and students; and

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crisis intervention.

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     5. Maintains health records in a manner that is current,

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detailed, confidential, and organized and permits effective

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student care and quality review.

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     6. Does not deny access to health care services to students

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based upon insurance status or ability to pay and does not

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discriminate with regard to race or ethnicity, religion, national

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origin, age, disability, gender, or sexual orientation.

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     (f)(e) "School health services plan" means the document

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that describes the services to be provided, the responsibility

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for provision of the services, the anticipated expenditures to

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provide the services, and evidence of cooperative planning by

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local school districts and county health departments.

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     (g)(f) "Screening" means presumptive identification of

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unknown or unrecognized diseases or defects by the application of

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tests that can be given with ease and rapidity to apparently

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healthy persons.

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     Section 2.  This act shall take effect upon becoming a law.