Bill Text: FL S0354 | 2019 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Immunization Registry

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 213 (Ch. 2019-107) [S0354 Detail]

Download: Florida-2019-S0354-Introduced.html

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       Florida Senate - 2019                                     SB 354
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00364-19                                             2019354__
    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; establishing that a
    6         certain student who obtains a vaccination from a
    7         Florida college or university student health center
    8         may refuse to be included in the immunization
    9         registry; providing requirements for electronic
   10         availability of, rather than transfer of, immunization
   11         records; requiring certain health care practitioners
   12         to report data to the immunization registry;
   13         authorizing the department to adopt rules; amending s.
   14         1003.22, F.S.; revising school-entry health
   15         requirements to require students to have a certificate
   16         of immunization on file with the department’s
   17         immunization registry; providing an 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 must shall allow the
   50  department to enhance current immunization activities for the
   51  purpose of improving the immunization of all children in this
   52  state.
   53         1. Except as provided in subparagraph 2., the department
   54  shall include all children born in this state in the
   55  immunization registry by using the birth records from the Office
   56  of Vital Statistics. The department shall add other children to
   57  the registry as immunization services are provided.
   58         2. The parent or guardian of a child may refuse to have the
   59  child included in the immunization registry by signing a form
   60  obtained from the department, or from the health care
   61  practitioner or entity that provides the immunization, which
   62  indicates that the parent or guardian does not wish to have the
   63  child included in the immunization registry. The decision not to
   64  not participate in the immunization registry must be noted in
   65  the registry.
   66         3. A college or university student, from 19 years of age to
   67  23 years of age, who obtains a vaccination from a Florida
   68  college or university student health center may refuse to be
   69  included in the immunization registry by signing a form obtained
   70  from the department, or from a Florida college or university
   71  student health center, which indicates that the student does not
   72  wish to be included in the immunization registry. The decision
   73  not to participate in the immunization registry must be noted in
   74  the registry.
   75         4.3. The immunization registry shall allow for immunization
   76  records to be electronically available transferred to entities
   77  that are required by law to have such records, including, but
   78  not limited to, schools and, licensed child care facilities, and
   79  any other entity that is required by law to obtain proof of a
   80  child’s immunizations.
   81         5.4. A Any health care practitioner licensed under chapter
   82  458, chapter 459, or chapter 464 in this state who administers
   83  vaccinations or causes vaccinations to be administered to
   84  children from birth to 18 years of age is required to report
   85  vaccination data to the immunization registry, unless a parent
   86  or guardian of a child has refused to have the child included in
   87  the immunization registry by meeting the requirements of
   88  subparagraph 2. A health care practitioner licensed under
   89  chapter 458, chapter 459, or chapter 464 in this state who
   90  administers vaccinations or causes vaccinations to be
   91  administered to college or university students from 19 years of
   92  age to 23 years of age at a Florida college or university
   93  student health center is required to report vaccination data to
   94  the immunization registry, unless the student has refused to be
   95  included in the immunization registry by meeting the
   96  requirements of subparagraph 3. Vaccination data for other age
   97  ranges may be submitted to the immunization registry on a
   98  voluntary basis. The upload of data from existing automated
   99  systems is an acceptable method for updating immunization
  100  information in the immunization registry. complies with rules
  101  adopted by the department to access the immunization registry
  102  may, through the immunization registry, directly access
  103  immunization records and update a child’s immunization history
  104  or exchange immunization information with another authorized
  105  practitioner, entity, or agency involved in a child’s care. The
  106  information included in the immunization registry must include
  107  the child’s name, date of birth, address, and any other unique
  108  identifier necessary to correctly identify the child; the
  109  immunization record, including the date, type of administered
  110  vaccine, and vaccine lot number; and the presence or absence of
  111  any adverse reaction or contraindication related to the
  112  immunization. Information received by the department for the
  113  immunization registry retains its status as confidential medical
  114  information and the department must maintain the confidentiality
  115  of that information as otherwise required by law. A health care
  116  practitioner or other agency that obtains information from the
  117  immunization registry must maintain the confidentiality of any
  118  medical records in accordance with s. 456.057 or as otherwise
  119  required by law.
  120         (2) The department may adopt rules pursuant to ss.
  121  120.536(1) and 120.54 to implement this section, repeal, and
  122  amend rules related to the prevention and control of
  123  communicable diseases and the administration of the immunization
  124  registry. Such rules may include procedures for investigating
  125  disease, timeframes for reporting disease, definitions,
  126  procedures for managing specific diseases, requirements for
  127  followup reports of known or suspected exposure to disease, and
  128  procedures for providing access to confidential information
  129  necessary for disease investigations. For purposes of the
  130  immunization registry, the rules may include procedures for a
  131  health care practitioner to obtain authorization to use the
  132  immunization registry, methods for a parent or guardian to elect
  133  not to participate in the immunization registry, and procedures
  134  for a health care practitioner licensed under chapter 458,
  135  chapter 459, or chapter 464 to access and share electronic
  136  immunization records with other entities allowed by law to have
  137  access to the records.
  138         Section 2. Subsection (4) of section 1003.22, Florida
  139  Statutes, is amended to read:
  140         1003.22 School-entry health examinations; immunization
  141  against communicable diseases; exemptions; duties of Department
  142  of Health.—
  143         (4) Each district school board and the governing authority
  144  of each private school shall establish and enforce a as policy
  145  that:,
  146         (a) Prior to admittance to or attendance in a public or
  147  private school, grades kindergarten through 12, or any other
  148  initial entrance into a Florida public or private school, each
  149  child present or have on file with the immunization registry
  150  school a certification of immunization for the prevention of
  151  those communicable diseases for which immunization is required
  152  by the Department of Health. Any child who is excluded from
  153  participation in the immunization registry pursuant to s.
  154  381.003(1)(e)2. must present or have on file with the school
  155  such certification of immunization and further shall provide for
  156  appropriate screening of its students for scoliosis at the
  157  proper age. Such Certification of immunization shall be made on
  158  forms approved and provided by the Department of Health or be on
  159  file with the immunization registry and shall become a part of
  160  each student’s permanent record, to be transferred when the
  161  student transfers, is promoted, or changes schools. The transfer
  162  of such immunization certification by Florida public schools
  163  shall be accomplished using the Florida Automated System for
  164  Transferring Education Records and shall be deemed to meet the
  165  requirements of this section.
  166         (b) Provides for appropriate screening of its students for
  167  scoliosis at the proper age.
  168         Section 3. This act shall take effect January 1, 2021.