HB 117

1	A bill to be entitled
2	An act relating to childhood vaccinations; amending s.
3	1003.22, F.S.; revising requirements for the
4	administration of certain vaccines required for school
5	entry; requiring licensed health care providers to provide
6	certain vaccine information statements to parents, legal
7	guardians, and legal representatives before administration
8	of certain vaccines to children; requiring health care
9	providers to obtain signed statements from parents, legal
10	guardians, and legal representatives documenting that the
11	vaccine information statements are provided; specifying
12	the required contents of the signed statements; requiring
13	health care providers to record the batch and lot number
14	of each vaccine on the signed statements; requiring health
15	care providers to maintain certain records; providing for
16	application of the act to certain vaccine information
17	statements; authorizing the use of a single signed
18	statement for administration of multiple vaccines under
19	certain circumstances; amending ss. 381.003 and 1002.42,
20	F.S.; conforming cross-references; providing an effective
21	date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsections (6) through (11) of section
26	1003.22, Florida Statutes, are renumbered as subsections (7)
27	through (12), respectively, and a new subsection (6) is added to
28	that section to read:
29	1003.22  School-entry health examinations; immunization
30	against communicable diseases; exemptions; duties of Department
31	of Health.--
32	(6)  Before administration of a vaccine for an immunization
33	required by this section, a licensed health care provider must:
34	(a)  Provide the child's parent, legal guardian, or other
35	legal representative with a copy of the current vaccine
36	information statement published about the vaccine by the Centers
37	for Disease Control and Prevention of the United States
38	Department of Health and Human Services.
39	(b)  Have the child's parent, legal guardian, or other
40	legal representative sign a statement in substantially the
41	following form:
42
43	I have received a copy of the vaccine information
44	statement published by the Centers for Disease Control and
45	Prevention. I have read or have had explained to me
46	information about the vaccine to be administered, the
47	benefits and risks of the vaccine, how to report an
48	adverse reaction, the availability of the National Vaccine
49	Injury Compensation Program, and how to get more
50	information about childhood diseases and vaccines. I
51	understand the benefits of the vaccine and ask that the
52	vaccine be administered to ...(name of child)..., for whom
53	I am authorized to make this request.
54	Signature: ...(signature)....
55	Name: ...(printed name of parent, legal guardian,
56	or other legal representative)....
57	Date: ...(date)....
58
59	(c)  Keep a copy of the parent's, legal guardian's, or
60	legal representative's signed statement as part of the child's
61	permanent medical record.
62	(d)  Record a notation on the statement of the batch and
63	lot number for each vaccine administered to the child.
64
65	This subsection applies to each vaccine information statement
66	published by the Centers for Disease Control and Prevention,
67	whether or not the statement is covered by the National
68	Childhood Vaccine Injury Act of 1986, 42 U.S.C. s. 300aa-26. If
69	the Centers for Disease Control and Prevention publish a vaccine
70	information statement that covers multiple vaccines, the health
71	care provider may have the child's parent, legal guardian, or
72	other legal representative sign a single statement for the
73	vaccines covered by the vaccine information statement.
74	Section 2.  Paragraph (e) of subsection (1) of section
75	381.003, Florida Statutes, is amended to read:
76	381.003  Communicable disease and AIDS prevention and
77	control.--
78	(1)  The department shall conduct a communicable disease
79	prevention and control program as part of fulfilling its public
80	health mission. A communicable disease is any disease caused by
81	transmission of a specific infectious agent, or its toxic
82	products, from an infected person, an infected animal, or the
83	environment to a susceptible host, either directly or
84	indirectly. The communicable disease program must include, but
85	need not be limited to:
86	(e)  Programs for the prevention and control of vaccine-
87	preventable diseases, including programs to immunize school
88	children as required by s. 1003.22 s. 1003.22(3)-(11) and the
89	development of an automated, electronic, and centralized
90	database or registry of immunizations. The department shall
91	ensure that all children in this state are immunized against
92	vaccine-preventable diseases. The immunization registry shall
93	allow the department to enhance current immunization activities
94	for the purpose of improving the immunization of all children in
95	this state.
96	1.  Except as provided in subparagraph 2., the department
97	shall include all children born in this state in the
98	immunization registry by using the birth records from the Office
99	of Vital Statistics. The department shall add other children to
100	the registry as immunization services are provided.
101	2.  The parent or guardian of a child may refuse to have
102	the child included in the immunization registry by signing a
103	form obtained from the department, or from the health care
104	practitioner or entity that provides the immunization, which
105	indicates that the parent or guardian does not wish to have the
106	child included in the immunization registry. The decision to not
107	participate in the immunization registry must be noted in the
108	registry.
109	3.  The immunization registry shall allow for immunization
110	records to be electronically transferred to entities that are
111	required by law to have such records, including schools,
112	licensed child care facilities, and any other entity that is
113	required by law to obtain proof of a child's immunizations.
114	4.  Any health care practitioner licensed under chapter
115	458, chapter 459, or chapter 464 in this state who complies with
116	rules adopted by the department to access the immunization
117	registry may, through the immunization registry, directly access
118	immunization records and update a child's immunization history
119	or exchange immunization information with another authorized
120	practitioner, entity, or agency involved in a child's care. The
121	information included in the immunization registry must include
122	the child's name, date of birth, address, and any other unique
123	identifier necessary to correctly identify the child; the
124	immunization record, including the date, type of administered
125	vaccine, and vaccine lot number; and the presence or absence of
126	any adverse reaction or contraindication related to the
127	immunization. Information received by the department for the
128	immunization registry retains its status as confidential medical
129	information and the department must maintain the confidentiality
130	of that information as otherwise required by law. A health care
131	practitioner or other agency that obtains information from the
132	immunization registry must maintain the confidentiality of any
133	medical records in accordance with s. 456.057 or as otherwise
134	required by law.
135	Section 3.  Paragraph (a) of subsection (6) of section
136	1002.42, Florida Statutes, is amended to read:
137	1002.42  Private schools.--
138	(6)  IMMUNIZATIONS.--The governing authority of each
139	private school shall:
140	(a)  Require students to present a certification of
141	immunization in accordance with s. 1003.22 the provisions of s.
142	1003.22(3)-(11).
143	Section 4.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.