Florida Senate - 2010                                    SB 1242
       
       
       
       By Senator Wilson
       
       
       
       
       33-00945-10                                           20101242__
    1                        A bill to be entitled                      
    2         An act relating to the school health services program;
    3         amending s. 381.0056, F.S.; defining the term “school
    4         based health center” for purposes of the School Health
    5         Services Act; providing that such a center is a health
    6         care entity acting as an instrumentality of the state
    7         for purposes of certain limitations on liability;
    8         providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (3) of section 381.0056, Florida
   13  Statutes, is amended to read:
   14         381.0056 School health services program.—
   15         (3) When used in or for purposes of this section:
   16         (a) “Emergency health needs” means onsite management and
   17  aid for illness or injury pending the student’s return to the
   18  classroom or release to a parent, guardian, designated friend,
   19  or designated health care provider.
   20         (b) “Entity” or “health care entity” means a unit of local
   21  government or a political subdivision of the state; a hospital
   22  licensed under chapter 395; a health maintenance organization
   23  certified under chapter 641; a health insurer authorized under
   24  the Florida Insurance Code; a community health center; a migrant
   25  health center; a federally qualified health center; an
   26  organization that meets the requirements for nonprofit status
   27  under s. 501(c)(3) of the Internal Revenue Code; a private
   28  industry or business; a school-based health center; or a
   29  philanthropic foundation that agrees to participate in a public
   30  private partnership with a county health department, local
   31  school district, or school in the delivery of school health
   32  services, and agrees to the terms and conditions for the
   33  delivery of such services as required by this section and as
   34  documented in the local school health services plan.
   35         (c) “Invasive screening” means any screening procedure in
   36  which the skin or any body orifice is penetrated.
   37         (d) “Physical examination” means a thorough evaluation of
   38  the health status of an individual.
   39         (e) “School-based health center” means an organization
   40  that, at a minimum:
   41         1. Provides at least 25 hours per week of primary care
   42  services to adolescents or other school-age children in
   43  accordance with state law for the majority of the year.
   44         2. Primarily provides services on site at the school, but
   45  may also offer linkages and referrals to primary care providers
   46  if confidentiality is maintained.
   47         3. Provides comprehensive services that include, but are
   48  not limited to:
   49         a. Acute management and ongoing monitoring of chronic
   50  conditions, such as asthma, diabetes, and seizure disorder, in
   51  conjunction with a student’s regular doctor.
   52         b. Well-child or adolescent examinations consisting of a
   53  comprehensive health history, including an assessment of high
   54  risk behavior for adolescents, complete physical assessment,
   55  screening procedures, and anticipatory guidance appropriate to
   56  age.
   57         c. Immunizations.
   58         d. Diagnosis and treatment of acute illnesses and injuries.
   59         e. Basic diagnostic laboratory tests.
   60         f. Prescriptions or dispensing of commonly used medications
   61  for identified health conditions, in accordance with medical
   62  practice and pharmacy practice statutes.
   63         g. Individual health education and anticipatory guidance
   64  for students and parents.
   65         4. Provides comprehensive services that may include, but
   66  need not be limited to:
   67         a. Age-appropriate reproductive health services, including
   68  health education; pelvic examinations; diagnosis and treatment
   69  of sexually transmitted diseases; testing and counseling for
   70  human immunodeficiency virus (HIV) or acquired immune deficiency
   71  syndrome (AIDS); and prescribing, dispensing, or referring for
   72  birth control, including condoms.
   73         b. Basic mental health services, including assessment;
   74  individual, group, and family counseling; consultation with
   75  school administrators, parents, teachers, and students; and
   76  crisis intervention.
   77         5. Maintains health records in a manner that is current,
   78  detailed, confidential, and organized and permits effective
   79  student care and quality review.
   80         6. Does not deny access to health care services to students
   81  based upon insurance status or ability to pay and does not
   82  discriminate with regard to race or ethnicity, religion,
   83  national origin, age, disability, gender, or sexual orientation.
   84         (f)(e) “School health services plan” means the document
   85  that describes the services to be provided, the responsibility
   86  for provision of the services, the anticipated expenditures to
   87  provide the services, and evidence of cooperative planning by
   88  local school districts and county health departments.
   89         (g)(f) “Screening” means presumptive identification of
   90  unknown or unrecognized diseases or defects by the application
   91  of tests that can be given with ease and rapidity to apparently
   92  healthy persons.
   93         Section 2. This act shall take effect July 1, 2010.