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

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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-Engrossed.html

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       CS for SB 354                                    First Engrossed
       
       
       
       
       
       
       
       
       2019354e1
       
    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; requiring a specified consent to treatment
   10         form to contain a certain notice; providing
   11         requirements for electronic availability of, rather
   12         than transfer of, immunization records; requiring
   13         certain health care practitioners to report data to
   14         the immunization registry; authorizing the department
   15         to adopt rules; amending s. 1003.22, F.S.; revising
   16         school-entry health requirements to require students
   17         to have a certificate of immunization on file with the
   18         department’s immunization registry; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 381.003, Florida Statutes, is amended to
   24  read:
   25         381.003 Communicable disease and AIDS prevention and
   26  control.—
   27         (1) The department shall conduct a communicable disease
   28  prevention and control program as part of fulfilling its public
   29  health mission. A communicable disease is any disease caused by
   30  transmission of a specific infectious agent, or its toxic
   31  products, from an infected person, an infected animal, or the
   32  environment to a susceptible host, either directly or
   33  indirectly. The communicable disease program must include, but
   34  need not be limited to:
   35         (a) Programs for the prevention and control of tuberculosis
   36  in accordance with chapter 392.
   37         (b) Programs for the prevention and control of human
   38  immunodeficiency virus infection and acquired immune deficiency
   39  syndrome in accordance with chapter 384 and this chapter.
   40         (c) Programs for the prevention and control of sexually
   41  transmissible diseases in accordance with chapter 384.
   42         (d) Programs for the prevention, control, and reporting of
   43  communicable diseases of public health significance as provided
   44  for in this chapter.
   45         (e) Programs for the prevention and control of vaccine
   46  preventable diseases, including programs to immunize school
   47  children as required by s. 1003.22(3)-(11) and the development
   48  of an automated, electronic, and centralized database and or
   49  registry of immunizations. The department shall ensure that all
   50  children in this state are immunized against vaccine-preventable
   51  diseases. The immunization registry must shall allow the
   52  department to enhance current immunization activities for the
   53  purpose of improving the immunization of all children in this
   54  state.
   55         1. Except as provided in subparagraph 2., the department
   56  shall include all children born in this state in the
   57  immunization registry by using the birth records from the Office
   58  of Vital Statistics. The department shall add other children to
   59  the registry as immunization services are provided.
   60         2. The parent or guardian of a child may refuse to have the
   61  child included in the immunization registry by signing an opt
   62  out a form obtained from the department, or from the health care
   63  practitioner or entity that provides the immunization, which
   64  indicates that the parent or guardian does not wish to have the
   65  child included in the immunization registry. Each consent to
   66  treatment form provided by a health care practitioner or by an
   67  entity that administers vaccinations or causes vaccinations to
   68  be administered to children from birth through 17 years of age
   69  must contain a notice stating that the parent or guardian of a
   70  child may refuse to have his or her child included in the
   71  immunization registry. The opt-out form must be provided to the
   72  department and to the health care practitioner upon the
   73  administration of the vaccination. If the parent or guardian of
   74  a child has refused to include the child in the registry, all
   75  records regarding the child must be removed from the registry
   76  and any reference to the child may not be included decision to
   77  not participate in the immunization registry must be noted in
   78  the registry.
   79         3. A college or university student, from 19 years of age to
   80  23 years of age, who obtains a vaccination from a Florida
   81  college or university student health center may refuse to be
   82  included in the immunization registry by signing an opt-out form
   83  obtained from the department or from a Florida college or
   84  university student health center which indicates that the
   85  student does not wish to be included in the immunization
   86  registry. The opt-out form must be provided to the department
   87  and to the health care practitioner upon the administration of
   88  the vaccination. If the college or university student has
   89  refused to be included in the registry, all records regarding
   90  the student must be removed from the registry and any reference
   91  to the student may not be included in the registry.
   92         4.3. The immunization registry shall allow for immunization
   93  records to be electronically available transferred to entities
   94  that are required by law to have such records, including, but
   95  not limited to, schools and, licensed child care facilities, and
   96  any other entity that is required by law to obtain proof of a
   97  child’s immunizations.
   98         5.4. A Any health care practitioner licensed under chapter
   99  458, chapter 459, or chapter 464 in this state who administers
  100  vaccinations or causes vaccinations to be administered to
  101  children from birth to 18 years of age is required to report
  102  vaccination data to the immunization registry, unless a parent
  103  or guardian of a child has refused to have the child included in
  104  the immunization registry by meeting the requirements of
  105  subparagraph 2. A health care practitioner licensed under
  106  chapter 458, chapter 459, or chapter 464 in this state who
  107  administers vaccinations or causes vaccinations to be
  108  administered to college or university students from 19 years of
  109  age to 23 years of age at a Florida college or university
  110  student health center is required to report vaccination data to
  111  the immunization registry, unless the student has refused to be
  112  included in the immunization registry by meeting the
  113  requirements of subparagraph 3. Vaccination data for other age
  114  ranges may be submitted to the immunization registry on a
  115  voluntary basis. The upload of data from existing automated
  116  systems is an acceptable method for updating immunization
  117  information in the immunization registry. complies with rules
  118  adopted by the department to access the immunization registry
  119  may, through the immunization registry, directly access
  120  immunization records and update a child’s immunization history
  121  or exchange immunization information with another authorized
  122  practitioner, entity, or agency involved in a child’s care. The
  123  information included in the immunization registry must include
  124  the child’s name, date of birth, address, and any other unique
  125  identifier necessary to correctly identify the child; the
  126  immunization record, including the date, type of administered
  127  vaccine, and vaccine lot number; and the presence or absence of
  128  any adverse reaction or contraindication related to the
  129  immunization. Information received by the department for the
  130  immunization registry retains its status as confidential medical
  131  information and the department must maintain the confidentiality
  132  of that information as otherwise required by law. A health care
  133  practitioner or other agency that obtains information from the
  134  immunization registry must maintain the confidentiality of any
  135  medical records in accordance with s. 456.057 or as otherwise
  136  required by law.
  137         (2) The department may adopt rules pursuant to ss.
  138  120.536(1) and 120.54 to implement this section, repeal, and
  139  amend rules related to the prevention and control of
  140  communicable diseases and the administration of the immunization
  141  registry. Such rules may include procedures for investigating
  142  disease, timeframes for reporting disease, definitions,
  143  procedures for managing specific diseases, requirements for
  144  followup reports of known or suspected exposure to disease, and
  145  procedures for providing access to confidential information
  146  necessary for disease investigations. For purposes of the
  147  immunization registry, the rules may include procedures for a
  148  health care practitioner to obtain authorization to use the
  149  immunization registry, methods for a parent or guardian to elect
  150  not to participate in the immunization registry, and procedures
  151  for a health care practitioner licensed under chapter 458,
  152  chapter 459, or chapter 464 to access and share electronic
  153  immunization records with other entities allowed by law to have
  154  access to the records.
  155         Section 2. Subsection (4) of section 1003.22, Florida
  156  Statutes, is amended to read:
  157         1003.22 School-entry health examinations; immunization
  158  against communicable diseases; exemptions; duties of Department
  159  of Health.—
  160         (4) Each district school board and the governing authority
  161  of each private school shall establish and enforce a as policy
  162  that:,
  163         (a) Prior to admittance to or attendance in a public or
  164  private school, grades kindergarten through 12, or any other
  165  initial entrance into a Florida public or private school, each
  166  child present or have on file with the immunization registry
  167  school a certification of immunization for the prevention of
  168  those communicable diseases for which immunization is required
  169  by the Department of Health. Any child who is excluded from
  170  participation in the immunization registry pursuant to s.
  171  381.003(1)(e)2. must present or have on file with the school
  172  such certification of immunization and further shall provide for
  173  appropriate screening of its students for scoliosis at the
  174  proper age. Such Certification of immunization shall be made on
  175  forms approved and provided by the Department of Health or be on
  176  file with the immunization registry and shall become a part of
  177  each student’s permanent record, to be transferred when the
  178  student transfers, is promoted, or changes schools. The transfer
  179  of such immunization certification by Florida public schools
  180  shall be accomplished using the Florida Automated System for
  181  Transferring Education Records and shall be deemed to meet the
  182  requirements of this section.
  183         (b) Provides for appropriate screening of its students for
  184  scoliosis at the proper age.
  185         Section 3. This act shall take effect January 1, 2021.