Florida Senate - 2014                                     SB 690
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00799-14                                            2014690__
    1                        A bill to be entitled                      
    2         An act relating to involuntary examinations of minors;
    3         amending s. 381.0056, F.S.; redefining the term
    4         “emergency health needs”; requiring school health
    5         services plans to include notification requirements
    6         when a student is removed from school, school
    7         transportation, or a school-sponsored activity for
    8         involuntary examination; providing conditions for
    9         delay in notification; requiring district school
   10         boards to develop certain policies and procedures for
   11         notification; amending s. 394.4599, F.S.; requiring a
   12         receiving facility to provide notice of the
   13         whereabouts of an adult or emancipated minor patient
   14         held for involuntary examination; providing conditions
   15         for delay in notification; requiring documentation of
   16         contact attempts; amending s. 1002.20, F.S.; requiring
   17         public schools to provide notice of the whereabouts of
   18         a student removed from school, school transportation,
   19         or a school-sponsored activity for involuntary
   20         examination; providing conditions for delay in
   21         notification; requiring district school boards to
   22         develop certain policies and procedures for
   23         notification; amending s. 1002.33, F.S.; requiring
   24         charter schools to provide notice of the whereabouts
   25         of a student removed from school, school
   26         transportation, or a school-sponsored activity for
   27         involuntary examination; providing conditions for
   28         delay in notification; requiring charter school
   29         governing boards to develop certain notification
   30         policies and procedures; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (2) and paragraph (a) of subsection
   35  (4) of section 381.0056, Florida Statutes, are amended to read:
   36         381.0056 School health services program.—
   37         (2) As used in this section, the term:
   38         (a) “Emergency health needs” means onsite evaluation,
   39  management, and aid for illness or injury pending the student’s
   40  return to the classroom or release to a parent, guardian,
   41  designated friend, law enforcement officer, or designated health
   42  care provider.
   43         (b) “Entity” or “health care entity” means a unit of local
   44  government or a political subdivision of the state; a hospital
   45  licensed under chapter 395; a health maintenance organization
   46  certified under chapter 641; a health insurer authorized under
   47  the Florida Insurance Code; a community health center; a migrant
   48  health center; a federally qualified health center; an
   49  organization that meets the requirements for nonprofit status
   50  under s. 501(c)(3) of the Internal Revenue Code; a private
   51  industry or business; or a philanthropic foundation that agrees
   52  to participate in a public-private partnership with a county
   53  health department, local school district, or school in the
   54  delivery of school health services, and agrees to the terms and
   55  conditions for the delivery of such services as required by this
   56  section and as documented in the local school health services
   57  plan.
   58         (c) “Invasive screening” means any screening procedure in
   59  which the skin or any body orifice is penetrated.
   60         (d) “Physical examination” means a thorough evaluation of
   61  the health status of an individual.
   62         (e) “School health services plan” means the document that
   63  describes the services to be provided, the responsibility for
   64  provision of the services, the anticipated expenditures to
   65  provide the services, and evidence of cooperative planning by
   66  local school districts and county health departments.
   67         (f) “Screening” means presumptive identification of unknown
   68  or unrecognized diseases or defects by the application of tests
   69  that can be given with ease and rapidity to apparently healthy
   70  persons.
   71         (4)(a) Each county health department shall develop, jointly
   72  with the district school board and the local school health
   73  advisory committee, a school health services plan.; and The plan
   74  must include, at a minimum, provisions for:
   75         1. Health appraisal.;
   76         2. Records review.;
   77         3. Nurse assessment.;
   78         4. Nutrition assessment.;
   79         5. A preventive dental program.;
   80         6. Vision screening.;
   81         7. Hearing screening.;
   82         8. Scoliosis screening.;
   83         9. Growth and development screening.;
   84         10. Health counseling.;
   85         11. Referral and followup of suspected or confirmed health
   86  problems by the local county health department.;
   87         12. Meeting emergency health needs in each school.;
   88         13. County health department personnel to assist school
   89  personnel in health education curriculum development.;
   90         14. Referral of students to appropriate health treatment,
   91  in cooperation with the private health community whenever
   92  possible.;
   93         15. Consultation with a student’s parent or guardian
   94  regarding the need for health attention by the family physician,
   95  dentist, or other specialist when definitive diagnosis or
   96  treatment is indicated.;
   97         16. Maintenance of records on incidents of health problems,
   98  corrective measures taken, and such other information as may be
   99  needed to plan and evaluate health programs; except, however,
  100  that provisions in the plan for maintenance of health records of
  101  individual students must be in accordance with s. 1002.22.;
  102         17. Health information which will be provided by the school
  103  health nurses, when necessary, regarding the placement of
  104  students in exceptional student programs and the reevaluation at
  105  periodic intervals of students placed in such programs.; and
  106         18. Notification to the local nonpublic schools of the
  107  school health services program and the opportunity for
  108  representatives of the local nonpublic schools to participate in
  109  the development of the cooperative health services plan.
  110         19. Immediate notification to a student’s parent or
  111  guardian if the student is removed from school, school
  112  transportation, or a school-sponsored activity and taken to a
  113  receiving facility for an involuntary examination pursuant to s.
  114  394.463. The school may delay notification if the school has
  115  submitted a report to the Central Abuse Hotline pursuant to s.
  116  39.201 based upon knowledge or suspicion of abuse, abandonment,
  117  or neglect, and deems delay in notification to be in the
  118  student’s best interest. The delay in notification may not
  119  exceed 24 hours after the student’s removal from school, school
  120  transportation, or school-sponsored activity. Each district
  121  school board shall develop a policy and procedures for
  122  notification under this subsection.
  123         Section 2. Present paragraphs (c) through (e) of subsection
  124  (2) of section 394.4599, Florida Statutes, are redesignated as
  125  paragraphs (d) through (f), respectively, paragraph (b) of that
  126  subsection is amended, and a new paragraph (c) is added to that
  127  subsection, to read:
  128         394.4599 Notice.—
  129         (2) INVOLUNTARY PATIENTS.—
  130         (b) A receiving facility shall give prompt notice of the
  131  whereabouts of an adult or emancipated minor a patient who is
  132  being involuntarily held for examination, by telephone or in
  133  person within 24 hours after the patient’s arrival at the
  134  facility, unless the patient requests that no notification be
  135  made. Contact attempts shall be documented in the patient’s
  136  clinical record and shall begin as soon as reasonably possible
  137  after the patient’s arrival. Notice that a patient is being
  138  admitted as an involuntary patient shall be given to the Florida
  139  local advocacy council no later than the next working day after
  140  the patient is admitted.
  141         (c) A receiving facility shall give prompt notice of the
  142  whereabouts of a minor patient who is being held involuntarily
  143  for examination pursuant to s. 394.463, by telephone or in
  144  person immediately after the patient’s arrival at the facility.
  145  The facility may delay notification if the facility has
  146  submitted a report to the Central Abuse Hotline pursuant to s.
  147  39.201 based upon knowledge or suspicion of abuse, abandonment,
  148  or neglect and deems delay in notification to be in the minor’s
  149  best interest. The delay in notification must not exceed 24
  150  hours after the minor’s arrival at the facility. If the parent,
  151  guardian, or guardian advocate cannot be immediately located,
  152  attempts to notify must be repeated at least once every hour
  153  until notification is made. Contact attempts shall be documented
  154  in the patient’s clinical record.
  155         Section 3. Paragraph (l) is added to subsection (3) of
  156  section 1002.20, Florida Statutes, to read:
  157         1002.20 K-12 student and parent rights.—Parents of public
  158  school students must receive accurate and timely information
  159  regarding their child’s academic progress and must be informed
  160  of ways they can help their child to succeed in school. K-12
  161  students and their parents are afforded numerous statutory
  162  rights including, but not limited to, the following:
  163         (3) HEALTH ISSUES.—
  164         (l) Notification of involuntary examinations.—The public
  165  school principal or the principal’s designee shall immediately
  166  notify the parent of a student who is removed from school,
  167  school transportation, or a school-sponsored activity and taken
  168  to a receiving facility for an involuntary examination pursuant
  169  to s. 394.463. The school may delay notification if the school
  170  has submitted a report to the Central Abuse Hotline pursuant to
  171  s. 39.201 based upon knowledge or suspicion of abuse,
  172  abandonment, or neglect, and deems delay in notification to be
  173  in the student’s best interest. The delay in notification must
  174  not exceed 24 hours after the student’s removal from school,
  175  school transportation, or a school-sponsored activity. Each
  176  district school board shall develop a policy and procedures for
  177  notification under this paragraph.
  178         Section 4. Paragraph (q) is added to subsection (9) of
  179  section 1002.33, Florida Statutes, to read:
  180         1002.33 Charter schools.—
  181         (9) CHARTER SCHOOL REQUIREMENTS.—
  182         (q) The charter school principal or the principal’s
  183  designee shall immediately notify the parent of a student who is
  184  removed from school, school transportation, or a school
  185  sponsored activity and taken to a receiving facility for an
  186  involuntary examination pursuant to s. 394.463. The school may
  187  delay notification if the school has submitted a report to the
  188  Central Abuse Hotline pursuant to s. 39.201 based upon knowledge
  189  or suspicion of abuse, abandonment, or neglect, and deems delay
  190  in notification to be in the student’s best interest. The delay
  191  in notification must not exceed 24 hours after the student’s
  192  removal from school, school transportation, or a school
  193  sponsored activity. Each charter school governing board shall
  194  develop a policy and procedures for notification under this
  195  paragraph.
  196         Section 5. This act shall take effect July 1, 2014.