Bill Text: FL S0354 | 2019 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2019                              CS for SB 354
       
       
        
       By the Committee on Education; and Senator Montford
       
       
       
       
       
       581-03501-19                                           2019354c1
    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 an opt
   60  out a form 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 opt-out form
   64  must be provided to the department and to the healthcare
   65  practitioner upon the administration of the vaccination. If the
   66  parent or guardian of a child has refused to include the child
   67  on in the registry, all records regarding the child must be
   68  removed from the registry and any reference to the child may not
   69  be included decision to not participate in the immunization
   70  registry must be noted in the registry.
   71         3. A college or university student, from 19 years of age to
   72  23 years of age, who obtains a vaccination from a Florida
   73  college or university student health center may refuse to be
   74  included in the immunization registry by signing an opt-out form
   75  obtained from the department or from a Florida college or
   76  university student health center which indicates that the
   77  student does not wish to be included in the immunization
   78  registry. The opt-out form must be provided to the department
   79  and to the healthcare practitioner upon the administration of
   80  the vaccination. If the college or university student has
   81  refused to be included in the registry, all records regarding
   82  the student must be removed from the registry and any reference
   83  to the student may not be included in the registry.
   84         4.3. The immunization registry shall allow for immunization
   85  records to be electronically available transferred to entities
   86  that are required by law to have such records, including, but
   87  not limited to, schools and, licensed child care facilities, and
   88  any other entity that is required by law to obtain proof of a
   89  child’s immunizations.
   90         5.4. A Any health care practitioner licensed under chapter
   91  458, chapter 459, or chapter 464 in this state who administers
   92  vaccinations or causes vaccinations to be administered to
   93  children from birth to 18 years of age is required to report
   94  vaccination data to the immunization registry, unless a parent
   95  or guardian of a child has refused to have the child included in
   96  the immunization registry by meeting the requirements of
   97  subparagraph 2. A health care practitioner licensed under
   98  chapter 458, chapter 459, or chapter 464 in this state who
   99  administers vaccinations or causes vaccinations to be
  100  administered to college or university students from 19 years of
  101  age to 23 years of age at a Florida college or university
  102  student health center is required to report vaccination data to
  103  the immunization registry, unless the student has refused to be
  104  included in the immunization registry by meeting the
  105  requirements of subparagraph 3. Vaccination data for other age
  106  ranges may be submitted to the immunization registry on a
  107  voluntary basis. The upload of data from existing automated
  108  systems is an acceptable method for updating immunization
  109  information in the immunization registry. complies with rules
  110  adopted by the department to access the immunization registry
  111  may, through the immunization registry, directly access
  112  immunization records and update a child’s immunization history
  113  or exchange immunization information with another authorized
  114  practitioner, entity, or agency involved in a child’s care. The
  115  information included in the immunization registry must include
  116  the child’s name, date of birth, address, and any other unique
  117  identifier necessary to correctly identify the child; the
  118  immunization record, including the date, type of administered
  119  vaccine, and vaccine lot number; and the presence or absence of
  120  any adverse reaction or contraindication related to the
  121  immunization. Information received by the department for the
  122  immunization registry retains its status as confidential medical
  123  information and the department must maintain the confidentiality
  124  of that information as otherwise required by law. A health care
  125  practitioner or other agency that obtains information from the
  126  immunization registry must maintain the confidentiality of any
  127  medical records in accordance with s. 456.057 or as otherwise
  128  required by law.
  129         (2) The department may adopt rules pursuant to ss.
  130  120.536(1) and 120.54 to implement this section, repeal, and
  131  amend rules related to the prevention and control of
  132  communicable diseases and the administration of the immunization
  133  registry. Such rules may include procedures for investigating
  134  disease, timeframes for reporting disease, definitions,
  135  procedures for managing specific diseases, requirements for
  136  followup reports of known or suspected exposure to disease, and
  137  procedures for providing access to confidential information
  138  necessary for disease investigations. For purposes of the
  139  immunization registry, the rules may include procedures for a
  140  health care practitioner to obtain authorization to use the
  141  immunization registry, methods for a parent or guardian to elect
  142  not to participate in the immunization registry, and procedures
  143  for a health care practitioner licensed under chapter 458,
  144  chapter 459, or chapter 464 to access and share electronic
  145  immunization records with other entities allowed by law to have
  146  access to the records.
  147         Section 2. Subsection (4) of section 1003.22, Florida
  148  Statutes, is amended to read:
  149         1003.22 School-entry health examinations; immunization
  150  against communicable diseases; exemptions; duties of Department
  151  of Health.—
  152         (4) Each district school board and the governing authority
  153  of each private school shall establish and enforce a as policy
  154  that:,
  155         (a) Prior to admittance to or attendance in a public or
  156  private school, grades kindergarten through 12, or any other
  157  initial entrance into a Florida public or private school, each
  158  child present or have on file with the immunization registry
  159  school a certification of immunization for the prevention of
  160  those communicable diseases for which immunization is required
  161  by the Department of Health. Any child who is excluded from
  162  participation in the immunization registry pursuant to s.
  163  381.003(1)(e)2. must present or have on file with the school
  164  such certification of immunization and further shall provide for
  165  appropriate screening of its students for scoliosis at the
  166  proper age. Such Certification of immunization shall be made on
  167  forms approved and provided by the Department of Health or be on
  168  file with the immunization registry and shall become a part of
  169  each student’s permanent record, to be transferred when the
  170  student transfers, is promoted, or changes schools. The transfer
  171  of such immunization certification by Florida public schools
  172  shall be accomplished using the Florida Automated System for
  173  Transferring Education Records and shall be deemed to meet the
  174  requirements of this section.
  175         (b) Provides for appropriate screening of its students for
  176  scoliosis at the proper age.
  177         Section 3. This act shall take effect January 1, 2021.