Bill Text: FL S1680 | 2018 | Regular Session | Comm Sub

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Bill Title: Immunization Registry

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Education [S1680 Detail]

Download: Florida-2018-S1680-Comm_Sub.html

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       Florida Senate - 2018                             CS for SB 1680
       
       
        
       By the Committee on Health Policy; and Senator Montford
       
       
       
       
       
       588-02382-18                                          20181680c1
    1                        A bill to be entitled                      
    2         An act relating to immunization registry; amending s.
    3         381.003, F.S.; revising provisions relating to the
    4         communicable disease prevention and control programs
    5         under the Department of Health; deleting a provision
    6         that allows the parent or guardian of a child to
    7         refuse to have the child included in the immunization
    8         registry; providing requirements for electronic
    9         availability of, rather than transfer of, immunization
   10         records; requiring certain health care practitioners
   11         to report vaccination data to the immunization
   12         registry; authorizing the department to adopt rules;
   13         amending s. 1003.22, F.S.; revising school-entry
   14         health requirements to require that students have a
   15         certificate of immunization on file with the
   16         department’s immunization registry; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 381.003, Florida Statutes, is amended to
   22  read:
   23         381.003 Communicable disease and AIDS prevention and
   24  control.—
   25         (1) The department shall conduct a communicable disease
   26  prevention and control program as part of fulfilling its public
   27  health mission. A communicable disease is any disease caused by
   28  transmission of a specific infectious agent, or its toxic
   29  products, from an infected person, an infected animal, or the
   30  environment to a susceptible host, either directly or
   31  indirectly. The communicable disease program must include, but
   32  need not be limited to:
   33         (a) Programs for the prevention and control of tuberculosis
   34  in accordance with chapter 392.
   35         (b) Programs for the prevention and control of human
   36  immunodeficiency virus infection and acquired immune deficiency
   37  syndrome in accordance with chapter 384 and this chapter.
   38         (c) Programs for the prevention and control of sexually
   39  transmissible diseases in accordance with chapter 384.
   40         (d) Programs for the prevention, control, and reporting of
   41  communicable diseases of public health significance as provided
   42  for in this chapter.
   43         (e) Programs for the prevention and control of vaccine
   44  preventable diseases, including programs to immunize school
   45  children as required by s. 1003.22(3)-(11) and the development
   46  of an automated, electronic, and centralized database and or
   47  registry of immunizations. The department shall ensure that all
   48  children in this state are immunized against vaccine-preventable
   49  diseases. The immunization registry shall allow the department
   50  to enhance current immunization activities for the purpose of
   51  improving the immunization of all children in this state.
   52         1. Except as provided in subparagraph 2., The department
   53  shall include all children born in this state in the
   54  immunization registry by using the birth records from the Office
   55  of Vital Statistics. The department shall add other children to
   56  the registry as immunization services are provided.
   57         2. The parent or guardian of a child may refuse to have the
   58  child included in the immunization registry by signing a form
   59  obtained from the department, or from the health care
   60  practitioner or entity that provides the immunization, which
   61  indicates that the parent or guardian does not wish to have the
   62  child included in the immunization registry. The decision to not
   63  participate in the immunization registry must be noted in the
   64  registry.
   65         2.3. The immunization registry must shall allow for
   66  immunization records to be electronically available to
   67  transferred to entities that are required by law to have such
   68  records, including, but not limited to, schools and, licensed
   69  child care facilities, and any other entity that is required by
   70  law to obtain proof of a child’s immunizations.
   71         3.4. A Any health care practitioner licensed under chapter
   72  458, chapter 459, or chapter 464 in this state who administers
   73  vaccinations or causes vaccinations to be administered to
   74  children at any time from their birth to 18 years of age is
   75  required to report vaccination data to the immunization
   76  registry. A health care practitioner licensed under chapter 458,
   77  chapter 459, or chapter 464 who administers vaccinations or
   78  causes vaccinations to be administered to college or university
   79  students who are 18 years of age up to 23 years of age at a
   80  college or university student health care facility in this state
   81  is required to report vaccination data to the immunization
   82  registry. Vaccination data for other age ranges may be submitted
   83  to the immunization registry on an optional basis. Automated
   84  data upload from existing automated systems is an acceptable
   85  method for updating immunization information in the immunization
   86  registry. complies with rules adopted by the department to
   87  access the immunization registry may, through the immunization
   88  registry, directly access immunization records and update a
   89  child’s immunization history or exchange immunization
   90  information with another authorized practitioner, entity, or
   91  agency involved in a child’s care. The information included in
   92  the immunization registry must include the child’s name, date of
   93  birth, address, and any other unique identifier necessary to
   94  correctly identify the child; the immunization record, including
   95  the date, type of administered vaccine, and vaccine lot number;
   96  and the presence or absence of any adverse reaction or
   97  contraindication related to the immunization. Information
   98  received by the department for the immunization registry retains
   99  its status as confidential medical information and the
  100  department must maintain the confidentiality of that information
  101  as otherwise required by law. A health care practitioner or
  102  other agency that obtains information from the immunization
  103  registry must maintain the confidentiality of any medical
  104  records in accordance with s. 456.057 or as otherwise required
  105  by law.
  106         (2) The department may adopt rules pursuant to ss.
  107  120.536(1) and 120.54 to implement this section, repeal, and
  108  amend rules related to the prevention and control of
  109  communicable diseases and the administration of the immunization
  110  registry. Such rules may include procedures for investigating
  111  disease, timeframes for reporting disease, definitions,
  112  procedures for managing specific diseases, requirements for
  113  followup reports of known or suspected exposure to disease, and
  114  procedures for providing access to confidential information
  115  necessary for disease investigations. For purposes of the
  116  immunization registry, the rules may include procedures for a
  117  health care practitioner to obtain authorization to use the
  118  immunization registry, methods for a parent or guardian to elect
  119  not to participate in the immunization registry, and procedures
  120  for a health care practitioner licensed under chapter 458,
  121  chapter 459, or chapter 464 to access and share electronic
  122  immunization records with other entities allowed by law to have
  123  access to the records.
  124         Section 2. Subsection (4) of section 1003.22, Florida
  125  Statutes, is amended to read:
  126         1003.22 School-entry health examinations; immunization
  127  against communicable diseases; exemptions; duties of Department
  128  of Health.—
  129         (4) Each district school board and the governing authority
  130  of each private school shall establish and enforce as policy
  131  that, prior to admittance to or attendance in a public or
  132  private school, grades kindergarten through 12, or any other
  133  initial entrance into a Florida public or private school, each
  134  child present or have on file with the state registry of
  135  immunizations school a certification of immunization for the
  136  prevention of those communicable diseases for which immunization
  137  is required by the Department of Health and further shall
  138  provide for appropriate screening of its students for scoliosis
  139  at the proper age. Such certification becomes shall be made on
  140  forms approved and provided by the Department of Health and
  141  shall become a part of each student’s permanent record, to be
  142  transferred when the student transfers, is promoted, or changes
  143  schools. The transfer of such immunization certification by
  144  Florida public schools shall be accomplished using the Florida
  145  Automated System for Transferring Education Records and shall be
  146  deemed to meet the requirements of this section.
  147         Section 3. This act shall take effect January 1, 2020.