Bill Text: FL S1936 | 2021 | Regular Session | Introduced
Bill Title: Exemptions from School-entry Health Requirements
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Health Policy [S1936 Detail]
Download: Florida-2021-S1936-Introduced.html
Florida Senate - 2021 SB 1936 By Senator Book 32-00057B-21 20211936__ 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 an 4 exemption from school-entry health examinations for 5 religious reasons; revising provisions relating to 6 immunization requirements for children; authorizing 7 the Department of Health to adopt certain emergency 8 rules; requiring the Board of Medicine and the Board 9 of Osteopathic Medicine, jointly, to create a medical 10 exemption review panel; requiring the panel to review 11 certain medical exemptions filed with the Department 12 of Health; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (1), (3), and (5) of section 17 1003.22, Florida Statutes, are amended 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 the37requirement of a health examination upon written request of the38parent of the child stating objections to the examination on39religious 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 be47required for poliomyelitis, diphtheria, rubeola, rubella,48pertussis, mumps, tetanus, and other communicable diseases as49determined by rules of the Department of Health.The manner and 50 frequency of administration of the immunization or testing must 51shallconform to recognized standards of medical practice. The 52 Department of Health shall supervise and secure the enforcement 53 of the required immunization. County health departments shall 54 make available at no cost immunizations required by this section 55shall be available at no cost from the county health56departments. 57 (a) All of the following immunizations are required for 58 children, except as provided in subparagraphs (5)(a)2.-5.: 59 1. Diphtheria. 60 2. Haemophilus influenzae type b. 61 3. Hepatitis B. 62 4. Mumps. 63 5. Pertussis. 64 6. Poliomyelitis. 65 7. Rubella. 66 8. Rubeola. 67 9. Tetanus. 68 10. Varicella. 69 (b) The Department of Health may require by rule, including 70 by emergency rule under s. 120.54(4), immunization of children 71 for any other communicable disease to protect the health, 72 safety, or welfare of the public. 73 (5)(a)The provisions ofThis section doesshallnot apply 74 if any of the following occurs: 75 1.(a)The parent of the child objects in writing that the 76 administration of an immunizing agent required under paragraph 77 (3)(b)agentsconflicts with his or her religious tenets or 78 practices. An exemption under this subparagraph is applicable 79 only to the immunizing agent specified in the objection and may 80 not be applied to an immunizing agent required under paragraph 81 (3)(a) or introduced into the market before January 1, 2021.;82 2.(b)A physician licensed underthe provisions ofchapter 83 458 or chapter 459 certifies in writing, on a form approved and 84 provided by the Department of Health, that the child should be 85 permanently exempt from the required immunization for medical 86 reasons stated in writing, based upon valid clinical reasoning 87 or evidence, demonstrating the need for the permanent 88 exemption.;89 3.(c)A physician licensed underthe provisions ofchapter 90 458, chapter 459, or chapter 460 certifies in writing, on a form 91 approved and provided by the Department of Health, that the 92 child has received as many immunizations as are medically 93 indicated at the time and is in the process of completing 94 necessary immunizations.;95 4.(d)The Department of Health determines that, according 96 to recognized standards of medical practice, any required 97 immunization is unnecessary or hazardous.; or98 5.(e)An authorized school official issues a temporary 99 exemption, for up to 30 school days, to permit a student who 100 transfers into a new county to attend class until his or her 101 records can be obtained. Children and youths who are 102 experiencing homelessness and children who are known to the 103 department, as defined in s. 39.0016, shall be given a temporary 104 exemption for 30 school days. The public school health nurse or 105 authorized private school official is responsible for followup 106 of each such student until proper documentation or immunizations 107 are obtained. An exemption for 30 days may be issued for a 108 student who enters a juvenile justice program to permit the 109 student to attend class until his or her records can be obtained 110 or until the immunizations can be obtained. An authorized 111 juvenile justice official is responsible for followup of each 112 student who enters a juvenile justice program until proper 113 documentation or immunizations are obtained. 114 (b) The Board of Medicine and the Board of Osteopathic 115 Medicine, jointly, shall create a medical exemption review panel 116 that shall review all medical exemptions filed with the 117 Department of Health pursuant to subparagraphs (a)2. and 3. 118 Section 2. This act shall take effect July 1, 2021.