Florida Senate - 2015                                     SB 954
       
       
        
       By Senator Garcia
       
       
       
       
       
       38-00656-15                                            2015954__
    1                        A bill to be entitled                      
    2         An act relating to involuntary examinations of minors;
    3         amending s. 381.0056, F.S.; revising the definition of
    4         the term “emergency health needs”; requiring school
    5         health services plans to include notification
    6         requirements when a student is removed from school,
    7         school transportation, or a school-sponsored activity
    8         for involuntary examination; amending s. 394.4599,
    9         F.S.; requiring a receiving facility to provide notice
   10         of the whereabouts of an adult or emancipated minor
   11         patient held for involuntary examination; providing
   12         conditions for delay in notification; requiring
   13         documentation of contact attempts; amending ss.
   14         1002.20 and 1002.33, F.S.; requiring public school or
   15         charter school principals or their designees to
   16         provide notice of the whereabouts of a student removed
   17         from school, school transportation, or a school
   18         sponsored activity for involuntary examination;
   19         providing conditions for delay in notification;
   20         requiring district school boards and charter school
   21         governing boards to develop notification policies and
   22         procedures; reenacting ss. 154.503(2)(e), 381.0057(6),
   23         381.0059(1)-(4), 381.00593(2), 409.91211(3)(z),
   24         409.9122(2)(a), and 1006.062(6), to incorporate the
   25         amendments made to s. 381.0056, F.S., in references
   26         thereto; reenacting ss. 394.4625(4), 394.4655(2)(a)
   27         and (7)(d), 394.467(2) and (7)(b), 394.4685(1)(a) and
   28         (b), and 394.469(2), F.S., to incorporate the
   29         amendments made to s. 394.4599, F.S., in references
   30         thereto; reenacting s. 1002.345(1)(a), F.S., to
   31         incorporate the amendments made to s. 1002.33, F.S.,
   32         in a reference thereto; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (2) and paragraph (a) of subsection
   37  (4) of section 381.0056, Florida Statutes, are amended to read:
   38         381.0056 School health services program.—
   39         (2) As used in this section, the term:
   40         (a) “Emergency health needs” means onsite evaluation,
   41  management, and aid for illness or injury pending the student’s
   42  return to the classroom or release to a parent, guardian,
   43  designated friend, law enforcement officer, or designated health
   44  care provider.
   45         (b) “Entity” or “health care entity” means a unit of local
   46  government or a political subdivision of the state; a hospital
   47  licensed under chapter 395; a health maintenance organization
   48  certified under chapter 641; a health insurer authorized under
   49  the Florida Insurance Code; a community health center; a migrant
   50  health center; a federally qualified health center; an
   51  organization that meets the requirements for nonprofit status
   52  under s. 501(c)(3) of the Internal Revenue Code; a private
   53  industry or business; or a philanthropic foundation that agrees
   54  to participate in a public-private partnership with a county
   55  health department, local school district, or school in the
   56  delivery of school health services, and agrees to the terms and
   57  conditions for the delivery of such services as required by this
   58  section and as documented in the local school health services
   59  plan.
   60         (c) “Invasive screening” means any screening procedure in
   61  which the skin or any body orifice is penetrated.
   62         (d) “Physical examination” means a thorough evaluation of
   63  the health status of an individual.
   64         (e) “School health services plan” means the document that
   65  describes the services to be provided, the responsibility for
   66  provision of the services, the anticipated expenditures to
   67  provide the services, and evidence of cooperative planning by
   68  local school districts and county health departments.
   69         (f) “Screening” means presumptive identification of unknown
   70  or unrecognized diseases or defects by the application of tests
   71  that can be given with ease and rapidity to apparently healthy
   72  persons.
   73         (4)(a) Each county health department shall develop, jointly
   74  with the district school board and the local school health
   75  advisory committee, a school health services plan.; and The plan
   76  must include, at a minimum, provisions for:
   77         1. Health appraisal.;
   78         2. Records review.;
   79         3. Nurse assessment.;
   80         4. Nutrition assessment.;
   81         5. A preventive dental program.;
   82         6. Vision screening.;
   83         7. Hearing screening.;
   84         8. Scoliosis screening.;
   85         9. Growth and development screening.;
   86         10. Health counseling.;
   87         11. Referral and followup of suspected or confirmed health
   88  problems by the local county health department.;
   89         12. Meeting emergency health needs in each school.;
   90         13. County health department personnel to assist school
   91  personnel in health education curriculum development.;
   92         14. Referral of students to appropriate health treatment,
   93  in cooperation with the private health community whenever
   94  possible.;
   95         15. Consultation with a student’s parent or guardian
   96  regarding the need for health attention by the family physician,
   97  dentist, or other specialist when definitive diagnosis or
   98  treatment is indicated.;
   99         16. Maintenance of records on incidents of health problems,
  100  corrective measures taken, and such other information as may be
  101  needed to plan and evaluate health programs; except, however,
  102  that provisions in the plan for maintenance of health records of
  103  individual students must be in accordance with s. 1002.22.;
  104         17. Health information which will be provided by the school
  105  health nurses, when necessary, regarding the placement of
  106  students in exceptional student programs and the reevaluation at
  107  periodic intervals of students placed in such programs.; and
  108         18. Notification to the local nonpublic schools of the
  109  school health services program and the opportunity for
  110  representatives of the local nonpublic schools to participate in
  111  the development of the cooperative health services plan.
  112         19. Immediate notification to a student’s parent or
  113  guardian if the student is removed from school, school
  114  transportation, or a school-sponsored activity and taken to a
  115  receiving facility for an involuntary examination pursuant to s.
  116  394.463, including the requirements established under ss.
  117  1002.20(3) and 1002.33(9).
  118         Section 2. Present paragraphs (c) through (e) of subsection
  119  (2) of section 394.4599, Florida Statutes, are redesignated as
  120  paragraphs (d) through (f), respectively, paragraph (b) of that
  121  subsection is amended, and a new paragraph (c) is added to that
  122  subsection, to read:
  123         394.4599 Notice.—
  124         (2) INVOLUNTARY PATIENTS.—
  125         (b) A receiving facility shall give prompt notice of the
  126  whereabouts of an adult or emancipated minor a patient who is
  127  being held involuntarily held for examination, in person or by
  128  telephonic or other form of electronic communication, by
  129  telephone or in person within 24 hours after the patient’s
  130  arrival at the facility, unless the patient requests that no
  131  notification be made. Contact attempts shall be documented in
  132  the patient’s clinical record and shall begin as soon as
  133  reasonably possible after the patient’s arrival. Notice that a
  134  patient is being admitted as an involuntary patient shall be
  135  given to the Florida local advocacy council no later than the
  136  next working day after the patient is admitted.
  137         (c)1. A receiving facility shall give notice of the
  138  whereabouts of a minor patient who is being held involuntarily
  139  for examination pursuant to s. 394.463 to the patient’s parent,
  140  guardian, or guardian advocate, in person or by telephonic or
  141  other form of electronic communication, immediately after the
  142  patient’s arrival at the facility. The facility may delay
  143  notification for no more than 24 hours after the patient’s
  144  arrival if the facility has submitted a report to the central
  145  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  146  suspicion of abuse, abandonment, or neglect and deems delay in
  147  notification to be in the minor’s best interest.
  148         2. The receiving facility shall attempt to notify the minor
  149  patient’s parent, guardian, or guardian advocate until the
  150  receiving facility receives confirmation from the parent,
  151  guardian, or guardian advocate, either verbally, by telephonic
  152  or other form of electronic communication, or by recorded
  153  message, that notification has been received. Attempts to notify
  154  the parent, guardian, or guardian advocate must be repeated at
  155  least once every hour during the first 12 hours after the
  156  patient’s arrival and once every 24 hours thereafter and must
  157  continue until such confirmation is received, until the patient
  158  is released at the end of the 72-hour examination period, or
  159  until a petition for involuntary placement is filed with the
  160  court pursuant to s. 394.463(2)(i). A receiving facility may
  161  seek assistance from law enforcement if notification is not made
  162  within the first 24 hours after the patient’s arrival. The
  163  receiving facility must document notification attempts in the
  164  patient’s clinical record.
  165         Section 3. Paragraph (l) is added to subsection (3) of
  166  section 1002.20, Florida Statutes, to read:
  167         1002.20 K-12 student and parent rights.—Parents of public
  168  school students must receive accurate and timely information
  169  regarding their child’s academic progress and must be informed
  170  of ways they can help their child to succeed in school. K-12
  171  students and their parents are afforded numerous statutory
  172  rights including, but not limited to, the following:
  173         (3) HEALTH ISSUES.—
  174         (l) Notification of involuntary examinations.—The public
  175  school principal or the principal’s designee shall immediately
  176  notify the parent of a student who is removed from school,
  177  school transportation, or a school-sponsored activity and taken
  178  to a receiving facility for an involuntary examination pursuant
  179  to s. 394.463. The principal or the principal’s designee may
  180  delay notification for no more than 24 hours after the student
  181  is removed from school if the principal or designee deems the
  182  delay to be in the student’s best interest and if a report has
  183  been submitted to the central abuse hotline, pursuant to s.
  184  39.201, based upon knowledge or suspicion of abuse, abandonment,
  185  or neglect. Each district school board shall develop a policy
  186  and procedures for notification under this paragraph.
  187         Section 4. Paragraph (q) is added to subsection (9) of
  188  section 1002.33, Florida Statutes, to read:
  189         1002.33 Charter schools.—
  190         (9) CHARTER SCHOOL REQUIREMENTS.—
  191         (q) The charter school principal or the principal’s
  192  designee shall immediately notify the parent of a student who is
  193  removed from school, school transportation, or a school
  194  sponsored activity and taken to a receiving facility for an
  195  involuntary examination pursuant to s. 394.463. The principal or
  196  the principal’s designee may delay notification for no more than
  197  24 hours after the student is removed from school if the
  198  principal or designee deems the delay to be in the student’s
  199  best interest and if a report has been submitted to the central
  200  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  201  suspicion of abuse, abandonment, or neglect. Each charter school
  202  governing board shall develop a policy and procedures for
  203  notification under this paragraph.
  204         Section 5. Paragraph (e) of subsection (2) of s. 154.503,
  205  subsection (6) of s. 381.0057, subsections (1) through (4) of s.
  206  381.0059, subsection (2) of s. 381.00593, paragraph (z) of
  207  subsection (3) of s. 409.91211, paragraph (a) of subsection (2)
  208  of s. 409.9122, and subsection (6) of s. 1006.062, Florida
  209  Statutes, are reenacted for the purpose of incorporating the
  210  amendments made by this act to s. 381.0056, Florida Statutes, in
  211  references thereto.
  212         Section 6. Subsection (4) of s. 394.4625, paragraph (a) of
  213  subsection (2) and paragraph (d) of subsection (7) of s.
  214  394.4655, subsection (2) and paragraph (b) of subsection (7) of
  215  s. 394.467, paragraphs (a) and (b) of subsection (1) of s.
  216  394.4685, and subsection (2) of s. 394.469, Florida Statutes,
  217  are reenacted for the purpose of incorporating the amendments
  218  made by this act to s. 394.4599, Florida Statutes, in references
  219  thereto.
  220         Section 7. Paragraph (a) of subsection (1) of s. 1002.345,
  221  Florida Statutes, is reenacted for the purpose of incorporating
  222  the amendments made by this act to s. 1002.33, Florida Statutes,
  223  in a reference thereto.
  224         Section 8. This act shall take effect July 1, 2015.