Bill Text: FL S0222 | 2010 | Regular Session | Introduced
Bill Title: Childhood Vaccinations [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S0222 Detail]
Download: Florida-2010-S0222-Introduced.html
Florida Senate - 2010 SB 222 By Senator Ring 32-00049B-10 2010222__ 1 A bill to be entitled 2 An act relating to childhood vaccinations; amending s. 3 1003.22, F.S.; requiring a pediatrician or attending 4 physician to discuss the risks, benefits, and 5 alternatives of each vaccination before a child is 6 vaccinated; providing requirements for the 7 administration of certain vaccines required for school 8 entry; requiring licensed health care providers to 9 provide certain vaccine information statements to 10 parents, legal guardians, and legal representatives 11 before administering certain vaccines to children; 12 requiring health care providers to obtain a signed 13 statement from parents, legal guardians, and legal 14 representatives documenting that the vaccine 15 information statements have been provided; specifying 16 the required contents of the signed statement; 17 requiring health care providers to record the batch 18 and lot number of each vaccine on the signed 19 statement; requiring health care providers to maintain 20 certain records; providing for application of the act 21 to certain vaccine information statements; authorizing 22 the use of a single signed statement for the 23 administration of multiple vaccines under certain 24 circumstances; amending ss. 381.003 and 1002.42, F.S.; 25 conforming cross-references; providing an effective 26 date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Present subsections (6) through (11) of section 31 1003.22, Florida Statutes, are renumbered as subsections (8) 32 through (13), respectively, and new subsections (6) and (7) are 33 added to that section, to read: 34 1003.22 School-entry health examinations; immunization 35 against communicable diseases; exemptions; duties of Department 36 of Health.— 37 (6) Before vaccinating a child, a pediatrician or attending 38 physician must discuss the risks, benefits, and alternatives of 39 each vaccination recommended for the child by the Centers for 40 Disease Control and Prevention of the United States Department 41 of Health and Human Services. Pursuant to s. 1003.22, a child 42 must commence the required vaccination schedule before beginning 43 kindergarten or initial entry into public or private school, 44 whichever occurs earlier. 45 (7)(a) Before administering a vaccine for an immunization 46 required by this section, a licensed health care provider must: 47 1. Provide to the child’s parent, legal guardian, or other 48 legal representative a copy of the current vaccine information 49 statement published about the vaccine by the Centers for Disease 50 Control and Prevention. 51 2. Obtain a signed statement from the child’s parent, legal 52 guardian, or other legal representative in substantially the 53 following form: 54 55 I have received a copy of the vaccine information statement 56 published by the Centers for Disease Control and Prevention. I 57 have read or have had explained to me information about the 58 vaccine to be administered, the benefits and risks of the 59 vaccine, how to report an adverse reaction, the availability of 60 the National Vaccine Injury Compensation Program, and how to 61 obtain more information about childhood diseases and vaccines. I 62 understand the benefits of the vaccine and ask that the vaccine 63 be administered to ...(name of child)..., for whom I am 64 authorized to make this request. 65 Signature: ...(signature).... 66 Name: ...(printed name of parent, legal guardian, 67 or other legal representative).... 68 Date: ...(date).... 69 70 3. Record a notation on the statement of the batch and lot 71 number for each vaccine administered to the child. 72 (b) The health care provider shall maintain a copy of the 73 signed statement in the child’s permanent medical record. 74 (c) This subsection applies to each vaccine information 75 statement published by the Centers for Disease Control and 76 Prevention, regardless of whether the statement is covered by 77 the federal National Vaccine Injury Compensation Program, 42 78 U.S.C. s. 300aa-26. If the Centers for Disease Control and 79 Prevention publish a vaccine information statement that covers 80 multiple vaccines, the health care provider may have the child’s 81 parent, legal guardian, or other legal representative sign a 82 single statement for all of the vaccines covered by the vaccine 83 information statement. 84 Section 2. Paragraph (e) of subsection (1) of section 85 381.003, Florida Statutes, is amended to read: 86 381.003 Communicable disease and AIDS prevention and 87 control.— 88 (1) The department shall conduct a communicable disease 89 prevention and control program as part of fulfilling its public 90 health mission. A communicable disease is any disease caused by 91 transmission of a specific infectious agent, or its toxic 92 products, from an infected person, an infected animal, or the 93 environment to a susceptible host, either directly or 94 indirectly. The communicable disease program must include, but 95 need not be limited to: 96 (e) Programs for the prevention and control of vaccine 97 preventable diseases, including programs to immunize school 98 children as required by s. 1003.22s.1003.22(3)-(11)and the 99 development of an automated, electronic, and centralized 100 database or registry of immunizations. The department shall 101 ensure that all children in this state are immunized against 102 vaccine-preventable diseases. The immunization registry shall 103 allow the department to enhance current immunization activities 104 for the purpose of improving the immunization of all children in 105 this state. 106 1. Except as provided in subparagraph 2., the department 107 shall include all children born in this state in the 108 immunization registry by using the birth records from the Office 109 of Vital Statistics. The department shall add other children to 110 the registry as immunization services are provided. 111 2. The parent or guardian of a child may refuse to have the 112 child included in the immunization registry by signing a form 113 obtained from the department, or from the health care 114 practitioner or entity that provides the immunization, which 115 indicates that the parent or guardian does not wish to have the 116 child included in the immunization registry. The decision to not 117 participate in the immunization registry must be noted in the 118 registry. 119 3. The immunization registry shall allow for immunization 120 records to be electronically transferred to entities that are 121 required by law to have such records, including schools, 122 licensed child care facilities, and any other entity that is 123 required by law to obtain proof of a child’s immunizations. 124 4. Any health care practitioner licensed under chapter 458, 125 chapter 459, or chapter 464 in this state who complies with 126 rules adopted by the department to access the immunization 127 registry may, through the immunization registry, directly access 128 immunization records and update a child’s immunization history 129 or exchange immunization information with another authorized 130 practitioner, entity, or agency involved in a child’s care. The 131 information included in the immunization registry must include 132 the child’s name, date of birth, address, and any other unique 133 identifier necessary to correctly identify the child; the 134 immunization record, including the date, type of administered 135 vaccine, and vaccine lot number; and the presence or absence of 136 any adverse reaction or contraindication related to the 137 immunization. Information received by the department for the 138 immunization registry retains its status as confidential medical 139 information and the department must maintain the confidentiality 140 of that information as otherwise required by law. A health care 141 practitioner or other agency that obtains information from the 142 immunization registry must maintain the confidentiality of any 143 medical records in accordance with s. 456.057 or as otherwise 144 required by law. 145 Section 3. Paragraph (a) of subsection (6) of section 146 1002.42, Florida Statutes, is amended to read: 147 1002.42 Private schools.— 148 (6) IMMUNIZATIONS.—The governing authority of each private 149 school shall: 150 (a) Require students to present a certification of 151 immunization in accordance with the provisions of s. 1003.22s.1521003.22(3)-(11). 153 Section 4. This act shall take effect July 1, 2010.
