Bill Text: FL S0064 | 2020 | Regular Session | Introduced
Bill Title: Exemptions from School-entry Health Requirements
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Health Policy [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 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 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 ofThis section doesshallnot apply if: 57 (a)The parent of the child objects in writing that the58administration of immunizing agents conflicts with his or her59religious tenets or practices;60(b)A physician licensed underthe provisions ofchapter 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 underthe provisions ofchapter 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.