Florida Senate - 2010                                    SB 1262 
 
By Senator Wilson 
33-00950-10                                           20101262__ 
1                        A bill to be entitled 
2         An act relating to school-entry health and vision 
3         examinations; amending s. 1003.22, F.S.; requiring 
4         children who enter public or private schools in the 
5         state to present evidence of having received a 
6         comprehensive vision examination; providing an 
7         exemption; amending ss. 1002.20 and 1002.42, F.S.; 
8         conforming provisions; requiring the imposition of a 
9         fee on the retail sale of nonprescription eyeglasses; 
10         providing for the fee to be used by the Department of 
11         Health to assist parents in paying for school-entry 
12         comprehensive vision examinations; requiring rules for 
13         eligibility for and the distribution of funds; 
14         providing effective dates. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. Effective July 1, 2011, section 1003.22, Florida 
19  Statutes, is amended to read: 
20         1003.22 School-entry health and vision examinations; 
21  immunization against communicable diseases; exemptions; duties 
22  of Department of Health.— 
23         (1) Each district school board and the governing authority 
24  of each private school shall require that each child who is 
25  entitled to admittance to kindergarten, or is entitled to any 
26  other initial entrance into a public or private school in this 
27  state, present a certification of a school-entry health 
28  examination and a certification of a school-entry comprehensive 
29  vision examination performed within 1 year before enrollment in 
30  school. The vision examination must be performed by an 
31  optometrist licensed under chapter 463, an ophthalmologist 
32  licensed under chapter 458 or chapter 459, or an optometrist or 
33  ophthalmologist licensed in any other state in which the 
34  requirements for licensure are equivalent to or more stringent 
35  than those in this state. Each district school board, and the 
36  governing authority of each private school, may establish a 
37  policy that permits a student up to 30 school days to present a 
38  certification of a school-entry health examination and up to 120 
39  days to present a certification of a school-entry comprehensive 
40  vision examination. Children and youths who are experiencing 
41  homelessness and children who are known to the department, as 
42  defined in s. 39.0016, shall be given a temporary exemption for 
43  30 school days. Any district school board that establishes such 
44  a policy shall include provisions in its local school health 
45  services plan to assist students in obtaining the health or 
46  vision examinations. However, a child shall be exempted from the 
47  requirement of a health examination or a vision examination upon 
48  written request of the parent of the child stating objections to 
49  the examination on religious grounds. 
50         (2) The State Board of Education, subject to the 
51  concurrence of the Department of Health, shall adopt rules to 
52  govern medical examinations and immunizations performed under 
53  this section. 
54         (3) The Department of Health may adopt rules necessary to 
55  administer and enforce this section. The Department of Health, 
56  after consultation with the Department of Education, shall adopt 
57  rules governing the immunization of children against, the 
58  testing for, and the control of preventable communicable 
59  diseases. The rules must include procedures for exempting a 
60  child from immunization requirements. Immunizations shall be 
61  required for poliomyelitis, diphtheria, rubeola, rubella, 
62  pertussis, mumps, tetanus, and other communicable diseases as 
63  determined by rules of the Department of Health. The manner and 
64  frequency of administration of the immunization or testing shall 
65  conform to recognized standards of medical practice. The 
66  Department of Health shall supervise and secure the enforcement 
67  of the required immunization. Immunizations required by this 
68  section shall be available at no cost from the county health 
69  departments. 
70         (4) Each district school board and the governing authority 
71  of each private school shall establish and enforce as policy 
72  that, prior to admittance to or attendance in a public or 
73  private school, grades kindergarten through 12, or any other 
74  initial entrance into a Florida public or private school, each 
75  child present or have on file with the school a certification of 
76  immunization for the prevention of those communicable diseases 
77  for which immunization is required by the Department of Health 
78  and further shall provide for appropriate screening of its 
79  students for scoliosis at the proper age. Such certification 
80  shall be made on forms approved and provided by the Department 
81  of Health and shall become a part of each student’s permanent 
82  record, to be transferred when the student transfers, is 
83  promoted, or changes schools. The transfer of such immunization 
84  certification by Florida public schools shall be accomplished 
85  using the Florida Automated System for Transferring Education 
86  Records and shall be deemed to meet the requirements of this 
87  section. 
88         (5) The provisions of This section does shall not apply if: 
89         (a) The parent of the child objects in writing that the 
90  administration of immunizing agents conflicts with his or her 
91  religious tenets or practices; 
92         (b) A physician licensed under the provisions of chapter 
93  458 or chapter 459 certifies in writing, on a form approved and 
94  provided by the Department of Health, that the child should be 
95  permanently exempt from the required immunization for medical 
96  reasons stated in writing, based upon valid clinical reasoning 
97  or evidence, demonstrating the need for the permanent exemption; 
98         (c) A physician licensed under the provisions of chapter 
99  458, chapter 459, or chapter 460 certifies in writing, on a form 
100  approved and provided by the Department of Health, that the 
101  child has received as many immunizations as are medically 
102  indicated at the time and is in the process of completing 
103  necessary immunizations; 
104         (d) The Department of Health determines that, according to 
105  recognized standards of medical practice, any required 
106  immunization is unnecessary or hazardous; or 
107         (e) An authorized school official issues a temporary 
108  exemption, for up to 30 school days, to permit a student who 
109  transfers into a new county to attend class until his or her 
110  records can be obtained. Children and youths who are 
111  experiencing homelessness and children who are known to the 
112  department, as defined in s. 39.0016, shall be given a temporary 
113  exemption for 30 school days. The public school health nurse or 
114  authorized private school official is responsible for followup 
115  of each such student until proper documentation or immunizations 
116  are obtained. An exemption for 30 days may be issued for a 
117  student who enters a juvenile justice program to permit the 
118  student to attend class until his or her records can be obtained 
119  or until the immunizations can be obtained. An authorized 
120  juvenile justice official is responsible for followup of each 
121  student who enters a juvenile justice program until proper 
122  documentation or immunizations are obtained. 
123         (6)(a) A No person licensed by this state as a physician or 
124  nurse is not shall be liable for any injury caused by his or her 
125  action or failure to act in the administration of a vaccine or 
126  other immunizing agent pursuant to the provisions of this 
127  section if the person acts as a reasonably prudent person with 
128  similar professional training would have acted under the same or 
129  similar circumstances. 
130         (b) A No member of a district school board, or any of its 
131  employees, or member of a governing board of a private school, 
132  or any of its employees, is not shall be liable for any injury 
133  caused by the administration of a vaccine to any student who is 
134  required to be so immunized or for a failure to diagnose 
135  scoliosis pursuant to the provisions of this section. 
136         (7) The parents of any child admitted to or in attendance 
137  at a Florida public or private school, grades prekindergarten 
138  through 12, are responsible for assuring that the child is in 
139  compliance with the provisions of this section. 
140         (8) Each public school, including public kindergarten, and 
141  each private school, including private kindergarten, shall be 
142  required to provide to the county health department director or 
143  administrator annual reports of compliance with the provisions 
144  of this section. Reports shall be completed on forms provided by 
145  the Department of Health for each kindergarten, and other grade 
146  as specified; and the reports shall include the status of 
147  children who were admitted at the beginning of the school year. 
148  After consultation with the Department of Education, the 
149  Department of Health shall establish by administrative rule the 
150  dates for submission of these reports, the grades for which the 
151  reports shall be required, and the forms to be used. 
152         (9) The presence of any of the communicable diseases for 
153  which immunization is required by the Department of Health in a 
154  Florida public or private school shall permit the county health 
155  department director or administrator or the State Health Officer 
156  to declare a communicable disease emergency. The declaration of 
157  such emergency shall mandate that all students in attendance in 
158  the school who are not in compliance with the provisions of this 
159  section be identified by the district school board or by the 
160  governing authority of the private school; and the school health 
161  and immunization records of such children shall be made 
162  available to the county health department director or 
163  administrator. Those children identified as not being immunized 
164  against the disease for which the emergency has been declared 
165  shall be temporarily excluded from school by the district school 
166  board, or the governing authority of the private school, until 
167  such time as is specified by the county health department 
168  director or administrator. 
169         (10) Each district school board and the governing authority 
170  of each private school shall: 
171         (a) Refuse admittance to any child otherwise entitled to 
172  admittance to kindergarten, or any other initial entrance into a 
173  Florida public or private school, who is not in compliance with 
174  the provisions of subsection (4). 
175         (b) Temporarily exclude from attendance any student who is 
176  not in compliance with the provisions of subsection (4). 
177         (11) The provisions of This section does do not apply to 
178  those persons admitted to or attending adult education classes 
179  unless the adult students are under 21 years of age. 
180         Section 2. Paragraph (a) of subsection (3) of section 
181  1002.20, Florida Statutes, is amended to read: 
182         1002.20 K-12 student and parent rights.—Parents of public 
183  school students must receive accurate and timely information 
184  regarding their child’s academic progress and must be informed 
185  of ways they can help their child to succeed in school. K-12 
186  students and their parents are afforded numerous statutory 
187  rights including, but not limited to, the following: 
188         (3) HEALTH ISSUES.— 
189         (a) School-entry health and vision examinations.—The parent 
190  of any child attending a public or private school shall be 
191  exempt from the requirement of a health examination or a vision 
192  examination upon written request stating objections on religious 
193  grounds in accordance with the provisions of s. 1003.22(1) and 
194  (2). 
195         Section 3. Subsection (5) of section 1002.42, Florida 
196  Statutes, is amended to read: 
197         1002.42 Private schools.— 
198         (5) SCHOOL-ENTRY HEALTH EXAMINATIONS.—The governing 
199  authority of each private school shall require students to 
200  present a certification of a school-entry health examination and 
201  a certification of a school-entry comprehensive vision 
202  examination in accordance with the provisions of s. 1003.22(1) 
203  and (2). 
204         Section 4. Notwithstanding any other provision of law and 
205  in addition to the sales tax imposed under chapter 212, Florida 
206  Statutes, a fee of 25 cents shall be imposed on the retail sale 
207  of nonprescription eyeglasses. Such fee shall be collected by 
208  the dealer and remitted to the Department of Revenue for deposit 
209  into the Administrative Trust Fund of the Department of Health 
210  for the purpose of providing funds to parents in need of 
211  financial assistance to pay for the school-entry comprehensive 
212  vision examination required under s. 1003.22(1), Florida 
213  Statutes. The Department of Health shall adopt rules relating to 
214  eligibility for and distribution of such funds. 
215         Section 5. Except as otherwise expressly provided in this 
216  act, this act shall take effect July 1, 2010.