Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1680
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Health Policy (Montford) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.003, Florida Statutes, is amended to
    6  read:
    7         381.003 Communicable disease and AIDS prevention and
    8  control.—
    9         (1) The department shall conduct a communicable disease
   10  prevention and control program as part of fulfilling its public
   11  health mission. A communicable disease is any disease caused by
   12  transmission of a specific infectious agent, or its toxic
   13  products, from an infected person, an infected animal, or the
   14  environment to a susceptible host, either directly or
   15  indirectly. The communicable disease program must include, but
   16  need not be limited to:
   17         (a) Programs for the prevention and control of tuberculosis
   18  in accordance with chapter 392.
   19         (b) Programs for the prevention and control of human
   20  immunodeficiency virus infection and acquired immune deficiency
   21  syndrome in accordance with chapter 384 and this chapter.
   22         (c) Programs for the prevention and control of sexually
   23  transmissible diseases in accordance with chapter 384.
   24         (d) Programs for the prevention, control, and reporting of
   25  communicable diseases of public health significance as provided
   26  for in this chapter.
   27         (e) Programs for the prevention and control of vaccine
   28  preventable diseases, including programs to immunize school
   29  children as required by s. 1003.22(3)-(11) and the development
   30  of an automated, electronic, and centralized database and or
   31  registry of immunizations. The department shall ensure that all
   32  children in this state are immunized against vaccine-preventable
   33  diseases. The immunization registry shall allow the department
   34  to enhance current immunization activities for the purpose of
   35  improving the immunization of all children in this state.
   36         1. Except as provided in subparagraph 2., The department
   37  shall include all children born in this state in the
   38  immunization registry by using the birth records from the Office
   39  of Vital Statistics. The department shall add other children to
   40  the registry as immunization services are provided.
   41         2.The parent or guardian of a child may refuse to have the
   42  child included in the immunization registry by signing a form
   43  obtained from the department, or from the health care
   44  practitioner or entity that provides the immunization, which
   45  indicates that the parent or guardian does not wish to have the
   46  child included in the immunization registry. The decision to not
   47  participate in the immunization registry must be noted in the
   48  registry.
   49         2.3. The immunization registry must shall allow for
   50  immunization records to be electronically available to
   51  transferred to entities that are required by law to have such
   52  records, including, but not limited to, schools and, licensed
   53  child care facilities, and any other entity that is required by
   54  law to obtain proof of a child’s immunizations.
   55         3.4.A Any health care practitioner licensed under chapter
   56  458, chapter 459, or chapter 464 in this state who administers
   57  vaccinations or causes vaccinations to be administered to
   58  children at any time from their birth to 18 years of age is
   59  required to report vaccination data to the immunization
   60  registry. A health care practitioner licensed under chapter 458,
   61  chapter 459, or chapter 464 who administers vaccinations or
   62  causes vaccinations to be administered to college or university
   63  students who are 18 years of age up to 23 years of age at a
   64  college or university student health care facility in this state
   65  is required to report vaccination data to the immunization
   66  registry. Vaccination data for other age ranges may be submitted
   67  to the immunization registry on an optional basis. Automated
   68  data upload from existing automated systems is an acceptable
   69  method for updating immunization information in the immunization
   70  registry. complies with rules adopted by the department to
   71  access the immunization registry may, through the immunization
   72  registry, directly access immunization records and update a
   73  child’s immunization history or exchange immunization
   74  information with another authorized practitioner, entity, or
   75  agency involved in a child’s care. The information included in
   76  the immunization registry must include the child’s name, date of
   77  birth, address, and any other unique identifier necessary to
   78  correctly identify the child; the immunization record, including
   79  the date, type of administered vaccine, and vaccine lot number;
   80  and the presence or absence of any adverse reaction or
   81  contraindication related to the immunization. Information
   82  received by the department for the immunization registry retains
   83  its status as confidential medical information and the
   84  department must maintain the confidentiality of that information
   85  as otherwise required by law. A health care practitioner or
   86  other agency that obtains information from the immunization
   87  registry must maintain the confidentiality of any medical
   88  records in accordance with s. 456.057 or as otherwise required
   89  by law.
   90         (2) The department may adopt rules pursuant to ss.
   91  120.536(1) and 120.54 to implement this section, repeal, and
   92  amend rules related to the prevention and control of
   93  communicable diseases and the administration of the immunization
   94  registry. Such rules may include procedures for investigating
   95  disease, timeframes for reporting disease, definitions,
   96  procedures for managing specific diseases, requirements for
   97  followup reports of known or suspected exposure to disease, and
   98  procedures for providing access to confidential information
   99  necessary for disease investigations. For purposes of the
  100  immunization registry, the rules may include procedures for a
  101  health care practitioner to obtain authorization to use the
  102  immunization registry, methods for a parent or guardian to elect
  103  not to participate in the immunization registry, and procedures
  104  for a health care practitioner licensed under chapter 458,
  105  chapter 459, or chapter 464 to access and share electronic
  106  immunization records with other entities allowed by law to have
  107  access to the records.
  108         Section 2. Subsection (4) of section 1003.22, Florida
  109  Statutes, is amended to read:
  110         1003.22 School-entry health examinations; immunization
  111  against communicable diseases; exemptions; duties of Department
  112  of Health.—
  113         (4) Each district school board and the governing authority
  114  of each private school shall establish and enforce as policy
  115  that, prior to admittance to or attendance in a public or
  116  private school, grades kindergarten through 12, or any other
  117  initial entrance into a Florida public or private school, each
  118  child present or have on file with the state registry of
  119  immunizations school a certification of immunization for the
  120  prevention of those communicable diseases for which immunization
  121  is required by the Department of Health and further shall
  122  provide for appropriate screening of its students for scoliosis
  123  at the proper age. Such certification becomes shall be made on
  124  forms approved and provided by the Department of Health and
  125  shall become a part of each student’s permanent record, to be
  126  transferred when the student transfers, is promoted, or changes
  127  schools. The transfer of such immunization certification by
  128  Florida public schools shall be accomplished using the Florida
  129  Automated System for Transferring Education Records and shall be
  130  deemed to meet the requirements of this section.
  131         Section 3. This act shall take effect January 1, 2020.
  133  ================= T I T L E  A M E N D M E N T ================
  134  And the title is amended as follows:
  135         Delete everything before the enacting clause
  136  and insert:
  137                        A bill to be entitled                      
  138         An act relating to immunization registry; amending s.
  139         381.003, F.S.; revising provisions relating to the
  140         communicable disease prevention and control programs
  141         under the Department of Health; deleting a provision
  142         that allows the parent or guardian of a child to
  143         refuse to have the child included in the immunization
  144         registry; providing requirements for electronic
  145         availability of, rather than transfer of, immunization
  146         records; requiring certain health care practitioners
  147         to report vaccination data to the immunization
  148         registry; authorizing the department to adopt rules;
  149         amending s. 1003.22, F.S.; revising school-entry
  150         health requirements to require that students have a
  151         certificate of immunization on file with the
  152         department’s immunization registry; providing an
  153         effective date.