Florida Senate - 2015                              CS for SB 954
       
       
        
       By the Committee on Fiscal Policy; and Senator Garcia
       
       
       
       
       
       594-03786A-15                                          2015954c1
    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; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (2) and paragraph (a) of subsection
   27  (4) of section 381.0056, Florida Statutes, are amended to read:
   28         381.0056 School health services program.—
   29         (2) As used in this section, the term:
   30         (a) “Emergency health needs” means onsite evaluation,
   31  management, and aid for illness or injury pending the student’s
   32  return to the classroom or release to a parent, guardian,
   33  designated friend, law enforcement officer, or designated health
   34  care provider.
   35         (b) “Entity” or “health care entity” means a unit of local
   36  government or a political subdivision of the state; a hospital
   37  licensed under chapter 395; a health maintenance organization
   38  certified under chapter 641; a health insurer authorized under
   39  the Florida Insurance Code; a community health center; a migrant
   40  health center; a federally qualified health center; an
   41  organization that meets the requirements for nonprofit status
   42  under s. 501(c)(3) of the Internal Revenue Code; a private
   43  industry or business; or a philanthropic foundation that agrees
   44  to participate in a public-private partnership with a county
   45  health department, local school district, or school in the
   46  delivery of school health services, and agrees to the terms and
   47  conditions for the delivery of such services as required by this
   48  section and as documented in the local school health services
   49  plan.
   50         (c) “Invasive screening” means any screening procedure in
   51  which the skin or any body orifice is penetrated.
   52         (d) “Physical examination” means a thorough evaluation of
   53  the health status of an individual.
   54         (e) “School health services plan” means the document that
   55  describes the services to be provided, the responsibility for
   56  provision of the services, the anticipated expenditures to
   57  provide the services, and evidence of cooperative planning by
   58  local school districts and county health departments.
   59         (f) “Screening” means presumptive identification of unknown
   60  or unrecognized diseases or defects by the application of tests
   61  that can be given with ease and rapidity to apparently healthy
   62  persons.
   63         (4)(a) Each county health department shall develop, jointly
   64  with the district school board and the local school health
   65  advisory committee, a school health services plan.; and The plan
   66  must include, at a minimum, provisions for:
   67         1. Health appraisal.;
   68         2. Records review.;
   69         3. Nurse assessment.;
   70         4. Nutrition assessment.;
   71         5. A preventive dental program.;
   72         6. Vision screening.;
   73         7. Hearing screening.;
   74         8. Scoliosis screening.;
   75         9. Growth and development screening.;
   76         10. Health counseling.;
   77         11. Referral and followup of suspected or confirmed health
   78  problems by the local county health department.;
   79         12. Meeting emergency health needs in each school.;
   80         13. County health department personnel to assist school
   81  personnel in health education curriculum development.;
   82         14. Referral of students to appropriate health treatment,
   83  in cooperation with the private health community whenever
   84  possible.;
   85         15. Consultation with a student’s parent or guardian
   86  regarding the need for health attention by the family physician,
   87  dentist, or other specialist when definitive diagnosis or
   88  treatment is indicated.;
   89         16. Maintenance of records on incidents of health problems,
   90  corrective measures taken, and such other information as may be
   91  needed to plan and evaluate health programs; except, however,
   92  that provisions in the plan for maintenance of health records of
   93  individual students must be in accordance with s. 1002.22.;
   94         17. Health information which will be provided by the school
   95  health nurses, when necessary, regarding the placement of
   96  students in exceptional student programs and the reevaluation at
   97  periodic intervals of students placed in such programs.; and
   98         18. Notification to the local nonpublic schools of the
   99  school health services program and the opportunity for
  100  representatives of the local nonpublic schools to participate in
  101  the development of the cooperative health services plan.
  102         19. Immediate notification to a student’s parent or
  103  guardian if the student is removed from school, school
  104  transportation, or a school-sponsored activity and taken to a
  105  receiving facility for an involuntary examination pursuant to s.
  106  394.463, including the requirements established under ss.
  107  1002.20(3) and 1002.33(9).
  108         Section 2. Present paragraphs (c) through (e) of subsection
  109  (2) of section 394.4599, Florida Statutes, are redesignated as
  110  paragraphs (d) through (f), respectively, paragraph (b) of that
  111  subsection is amended, and a new paragraph (c) is added to that
  112  subsection, to read:
  113         394.4599 Notice.—
  114         (2) INVOLUNTARY PATIENTS.—
  115         (b) A receiving facility shall give prompt notice of the
  116  whereabouts of an adult or emancipated minor a patient who is
  117  being held involuntarily held for examination, in person or by
  118  telephonic or other form of electronic communication, by
  119  telephone or in person within 24 hours after the patient’s
  120  arrival at the facility, unless the patient requests that no
  121  notification be made. Contact attempts shall be documented in
  122  the patient’s clinical record and shall begin as soon as
  123  reasonably possible after the patient’s arrival. Notice that a
  124  patient is being admitted as an involuntary patient shall be
  125  given to the Florida local advocacy council no later than the
  126  next working day after the patient is admitted.
  127         (c)1. A receiving facility shall give notice of the
  128  whereabouts of a minor patient who is being held involuntarily
  129  for examination pursuant to s. 394.463 to the patient’s parent,
  130  guardian, or guardian advocate, in person or by telephonic or
  131  other form of electronic communication, immediately after the
  132  patient’s arrival at the facility. The facility may delay
  133  notification for no more than 24 hours after the patient’s
  134  arrival if the facility has submitted a report to the central
  135  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  136  suspicion of abuse, abandonment, or neglect, and deems delay in
  137  notification to be in the minor’s best interest.
  138         2. The receiving facility shall attempt to notify the minor
  139  patient’s parent, guardian, or guardian advocate until the
  140  receiving facility receives confirmation from the parent,
  141  guardian, or guardian advocate, either verbally, by telephonic
  142  or other form of electronic communication, or by recorded
  143  message, that notification has been received. Attempts to notify
  144  the parent, guardian, or guardian advocate must be repeated at
  145  least once every hour during the first 12 hours after the
  146  patient’s arrival and once every 24 hours thereafter and must
  147  continue until such confirmation is received, until the patient
  148  is released at the end of the 72-hour examination period, or
  149  until a petition for involuntary placement is filed with the
  150  court pursuant to s. 394.463(2)(i). A receiving facility may
  151  seek assistance from law enforcement if notification is not made
  152  within the first 24 hours after the patient’s arrival. The
  153  receiving facility must document notification attempts in the
  154  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 principal or the principal’s designee may
  170  delay notification for no more than 24 hours after the student
  171  is removed from school if the principal or designee deems the
  172  delay to be in the student’s best interest and if a report has
  173  been submitted to the central abuse hotline, pursuant to s.
  174  39.201, based upon knowledge or suspicion of abuse, abandonment,
  175  or neglect. Each district school board shall develop a policy
  176  and procedures for notification under this paragraph.
  177         Section 4. Paragraph (q) is added to subsection (9) of
  178  section 1002.33, Florida Statutes, to read:
  179         1002.33 Charter schools.—
  180         (9) CHARTER SCHOOL REQUIREMENTS.—
  181         (q) The charter school principal or the principal’s
  182  designee shall immediately notify the parent of a student who is
  183  removed from school, school transportation, or a school
  184  sponsored activity and taken to a receiving facility for an
  185  involuntary examination pursuant to s. 394.463. The principal or
  186  the principal’s designee may delay notification for no more than
  187  24 hours after the student is removed from school if the
  188  principal or designee deems the delay to be in the student’s
  189  best interest and if a report has been submitted to the central
  190  abuse hotline, pursuant to s. 39.201, based upon knowledge or
  191  suspicion of abuse, abandonment, or neglect. Each charter school
  192  governing board shall develop a policy and procedures for
  193  notification under this paragraph.
  194         Section 5. This act shall take effect July 1, 2015.