Bill Text: FL S0064 | 2020 | Regular Session | Introduced


Bill Title: Exemptions from School-entry Health Requirements

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-14 - Introduced [S0064 Detail]

Download: Florida-2020-S0064-Introduced.html
       Florida Senate - 2020                                      SB 64
       
       
        
       By Senator Book
       
       
       
       
       
       32-00080-20                                             202064__
    1                        A bill to be entitled                      
    2         An act relating to exemptions from school-entry health
    3         requirements; amending s. 1003.22, F.S.; deleting
    4         exemptions from school-entry health examinations and
    5         immunization requirements for religious reasons;
    6         requiring the Board of Medicine and the Board of
    7         Osteopathic Medicine to jointly create a medical
    8         exemption review panel; requiring the medical
    9         exemption review panel to review certain medical
   10         exemptions filed with the Department of Health;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (1) and (5) of section 1003.22,
   16  Florida Statutes, are amended, and subsection (3) of that
   17  section is republished, to read:
   18         1003.22 School-entry health examinations; immunization
   19  against communicable diseases; exemptions; duties of Department
   20  of Health.—
   21         (1) Each district school board and the governing authority
   22  of each private school shall require that each child who is
   23  entitled to admittance to kindergarten, or is entitled to any
   24  other initial entrance into a public or private school in this
   25  state, present a certification of a school-entry health
   26  examination performed within 1 year before enrollment in school.
   27  Each district school board, and the governing authority of each
   28  private school, may establish a policy that permits a student up
   29  to 30 school days to present a certification of a school-entry
   30  health examination. Children and youths who are experiencing
   31  homelessness and children who are known to the department, as
   32  defined in s. 39.0016, shall be given a temporary exemption for
   33  30 school days. Any district school board that establishes such
   34  a policy shall include provisions in its local school health
   35  services plan to assist students in obtaining the health
   36  examinations. However, a child shall be exempted from the
   37  requirement of a health examination upon written request of the
   38  parent of the child stating objections to the examination on
   39  religious grounds.
   40         (3) The Department of Health may adopt rules necessary to
   41  administer and enforce this section. The Department of Health,
   42  after consultation with the Department of Education, shall adopt
   43  rules governing the immunization of children against, the
   44  testing for, and the control of preventable communicable
   45  diseases. The rules must include procedures for exempting a
   46  child from immunization requirements. Immunizations shall be
   47  required for poliomyelitis, diphtheria, rubeola, rubella,
   48  pertussis, mumps, tetanus, and other communicable diseases as
   49  determined by rules of the Department of Health. The manner and
   50  frequency of administration of the immunization or testing shall
   51  conform to recognized standards of medical practice. The
   52  Department of Health shall supervise and secure the enforcement
   53  of the required immunization. Immunizations required by this
   54  section shall be available at no cost from the county health
   55  departments.
   56         (5) The provisions of This section does shall not apply if:
   57         (a) The parent of the child objects in writing that the
   58  administration of immunizing agents conflicts with his or her
   59  religious tenets or practices;
   60         (b) A physician licensed under the provisions of chapter
   61  458 or chapter 459 certifies in writing, on a form approved and
   62  provided by the Department of Health, that the child should be
   63  permanently exempt from the required immunization for medical
   64  reasons stated in writing, based upon valid clinical reasoning
   65  or evidence, demonstrating the need for the permanent exemption;
   66         (b)(c) A physician licensed under the provisions of chapter
   67  458, chapter 459, or chapter 460 certifies in writing, on a form
   68  approved and provided by the Department of Health, that the
   69  child has received as many immunizations as are medically
   70  indicated at the time and is in the process of completing
   71  necessary immunizations;
   72         (c)(d) The Department of Health determines that, according
   73  to recognized standards of medical practice, any required
   74  immunization is unnecessary or hazardous; or
   75         (d)(e) An authorized school official issues a temporary
   76  exemption, for up to 30 school days, to permit a student who
   77  transfers into a new county to attend class until his or her
   78  records can be obtained. Children and youths who are
   79  experiencing homelessness and children who are known to the
   80  department, as defined in s. 39.0016, shall be given a temporary
   81  exemption for 30 school days. The public school health nurse or
   82  authorized private school official is responsible for followup
   83  of each such student until proper documentation or immunizations
   84  are obtained. An exemption for 30 days may be issued for a
   85  student who enters a juvenile justice program to permit the
   86  student to attend class until his or her records can be obtained
   87  or until the immunizations can be obtained. An authorized
   88  juvenile justice official is responsible for followup of each
   89  student who enters a juvenile justice program until proper
   90  documentation or immunizations are obtained.
   91  
   92  The Board of Medicine and the Board of Osteopathic Medicine
   93  shall jointly create a medical exemption review panel that shall
   94  review all medical exemptions filed with the Department of
   95  Health pursuant to paragraphs (a) and (b).
   96         Section 2. This act shall take effect July 1, 2020.

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