Florida 2024 Regular Session

Florida House Bill H1535 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to public health mandates and 2
16	16	policies; amending s. 381.003, F.S.; prohibiting the 3
17	17	Department of Health from requiring enrollment in the 4
18	18	state's immunization registry or otherwise requiring 5
19	19	persons to submit to immunization tracking; 6
20	20	prohibiting the department from including a person's 7
21	21	immunization records in any interstate or federal 8
22	22	immunization tracking system or otherwise giving an 9
23	23	entity access to a person's immunization records 10
24	24	without first obtaining written informed consent from 11
25	25	the person or person's parent or guardian, as 12
26	26	applicable; prohibiting the department from requiring 13
27	27	a person be vaccinated without first obtaining a 14
28	28	written informed consent from the person or person's 15
29	29	parent or guardian, as applicable; amending s. 16
30	30	381.00322, F.S.; prohibiting a government entity or an 17
31	31	educational entity from adopting, implementing, or 18
32	32	enforcing specified international public health 19
33	33	policies or guidelines unless specifically approved by 20
34	34	the Legislature; amending s. 1003.22, F.S.; 21
35	35	prohibiting the department from requiring, as a 22
36	36	school-entry requirement, that children receive 23
37	37	immunizations approved only for emergency use unless 24
38	38	specifically approved by the Legislature; providing an 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	effective date. 26
52	52	27
53	53	Be It Enacted by the Legislature of the State of Florida: 28
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55	55	Section 1. Subsection (2) of section 381.003, Florida 30
56	56	Statutes, is renumbered as subsection (3), paragraph (e) of 31
57	57	subsection (1) is amended, and a new subsection (2) is added to 32
58	58	that section, to read: 33
59	59	381.003 Communicable disease and AI DS prevention and 34
60	60	control.— 35
61	61	(1) The department shall conduct a communicable disease 36
62	62	prevention and control program as part of fulfilling its public 37
63	63	health mission. A communicable disease is any disease caused by 38
64	64	transmission of a specific infectious agen t, or its toxic 39
65	65	products, from an infected person, an infected animal, or the 40
66	66	environment to a susceptible host, either directly or 41
67	67	indirectly. The communicable disease program must include, but 42
68	68	need not be limited to: 43
69	69	(e) Programs for the prevention and control of vaccine-44
70	70	preventable diseases, including programs to immunize school 45
71	71	children as required by s. 1003.22(3) -(11) and the development 46
72	72	of an automated, electronic, and centralized database and 47
73	73	registry of immunizations. The department may not requi re 48
74	74	enrollment in the immunization registry or otherwise require 49
75	75	persons to submit to any form of immunization tracking. The 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	department shall ensure that all children in this state are 51
89	89	immunized against vaccine -preventable diseases. The immunization 52
90	90	registry must allow the department to enhance current 53
91	91	immunization activities for the purpose of improving the 54
92	92	immunization of all children in this state. 55
93	93	1. Except as provided in subparagraph 2., the department 56
94	94	shall include all children born in this state in the 57
95	95	immunization registry by using the birth records from the Office 58
96	96	of Vital Statistics. The department shall add other children to 59
97	97	the registry as immunization services are provided. 60
98	98	2. The parent or guardian of a child may refuse to have 61
99	99	the child included in the immunization registry by signing a 62
100	100	form obtained from the department, or from the health care 63
101	101	practitioner or entity that provides the immunization, which 64
102	102	indicates that the parent or guardian does not wish to have the 65
103	103	child included in the im munization registry. Each consent to 66
104	104	treatment form provided by a health care practitioner or by an 67
105	105	entity that administers vaccinations or causes vaccinations to 68
106	106	be administered to children from birth through 17 years of age 69
107	107	must contain a notice stating that the parent or guardian of a 70
108	108	child may refuse to have his or her child included in the 71
109	109	immunization registry. The parent or guardian may either submit 72
110	110	the opt-out form directly to the department or must provide such 73
111	111	form such opt-out form to the health care practitioner or entity 74
112	112	upon administration of the vaccination. Such health care 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	practitioner or entity shall submit the form to the department. 76
126	126	If a parent or guardian has refused to have his or her child 77
127	127	included in the immunization registry, A parent or guardian may 78
128	128	submit the opt-out form directly to the department. any records 79
129	129	or identifying information pertaining to the child must shall be 80
130	130	removed from the registry , if the parent or guardian has refused 81
131	131	to have his or her child included in the im munization registry. 82
132	132	3. A college or university student, from 18 years of age 83
133	133	to 23 years of age, who obtains an immunization a vaccination 84
134	134	from a college or university student health center or clinic in 85
135	135	this the state may refuse to be included in the im munization 86
136	136	registry by signing a form obtained from the department, health 87
137	137	center, or clinic which indicates that the student does not wish 88
138	138	to be included in the immunization registry. The student may 89
139	139	either submit the opt -out form directly to the departme nt or 90
140	140	must provide such form such opt-out form to the health center or 91
141	141	clinic upon administration of the immunization vaccination. Such 92
142	142	health center or clinic shall submit the form to the department. 93
143	143	If the student has refused to be included in the immuni zation 94
144	144	registry, A student may submit the opt -out form directly to the 95
145	145	department. any records or identifying information pertaining to 96
146	146	the student must shall be removed from the registry if the 97
147	147	student has refused to be included in the immunization regist ry. 98
148	148	4. The immunization registry shall allow for immunization 99
149	149	records to be electronically available to entities that are 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	required by law to have such records, including, but not limited 101
163	163	to, schools and licensed child care facilities. However, the 102
164	164	department may not include a person's immunization records in 103
165	165	any interstate or federal immunization tracking system or 104
166	166	otherwise allow an entity not required by law to have such 105
167	167	records without first obtaining written informed consent from 106
168	168	the person or the per son's parent or guardian, if the person is 107
169	169	a minor, to release the immunization records for such purpose. 108
170	170	5. A health care practitioner licensed under chapter 458, 109
171	171	chapter 459, or chapter 464 in this state who administers 110
172	172	vaccinations or causes vaccinati ons to be administered to 111
173	173	children from birth through 17 years of age is required to 112
174	174	report vaccination data to the immunization registry, unless a 113
175	175	parent or guardian of a child has refused to have the child 114
176	176	included in the immunization registry by meeting the 115
177	177	requirements of subparagraph 2. A health care practitioner 116
178	178	licensed under chapter 458, chapter 459, or chapter 464 in this 117
179	179	state who administers vaccinations or causes vaccinations to be 118
180	180	administered to college or university students from 18 years of 119
181	181	age to 23 years of age at a college or university student health 120
182	182	center or clinic is required to report vaccination data to the 121
183	183	immunization registry, unless the student has refused to be 122
184	184	included in the immunization registry by meeting the 123
185	185	requirements of subparagraph 3. Vaccination data for students in 124
186	186	other age ranges may be submitted to the immunization registry 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	only if the student consents to inclusion in the immunization 126
200	200	registry. The upload of data from existing automated systems is 127
201	201	an acceptable method for updating immunization information in 128
202	202	the immunization registry. The information in the immunization 129
203	203	registry must include the child's name, date of birth, address, 130
204	204	and any other unique identifier necessary to correctly identify 131
205	205	the child; the immun ization record, including the date, type of 132
206	206	administered vaccine, and vaccine lot number; and the presence 133
207	207	or absence of any adverse reaction or contraindication related 134
208	208	to the immunization. Information received by the department for 135
209	209	the immunization regis try retains its status as confidential 136
210	210	medical information and the department must maintain the 137
211	211	confidentiality of that information as otherwise required by 138
212	212	law. A health care practitioner or other agency that obtains 139
213	213	information from the immunization regi stry must maintain the 140
214	214	confidentiality of any medical records in accordance with s. 141
215	215	456.057 or as otherwise required by law. 142
216	216	(2)(a) The department may not require a person to be 143
217	217	vaccinated without a written informed consent form from the 144
218	218	person or the person's parent or guardian, if the person is a 145
219	219	minor. 146
220	220	(b) The written informed consent from may be obtained from 147
221	221	the department. 148
222	222	Section 2. Section 381.00322, Florida Statutes, is amended 149
223	223	to read: 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	381.00322 International health organization policies.—A 151
237	237	governmental entity as defined in s. 381.00316 or an educational 152
238	238	institution as defined in s. 381.00319 may not adopt, implement, 153
239	239	or enforce an international health organization's : 154
240	240	(1) Public health policies or guidelines unless 155
241	241	specifically approved by the Legislature authorized to do so 156
242	242	under state law, rule, or executive order issued by the Governor 157
243	243	under s. 252.36. 158
244	244	(2) Mandatory digital health identifications verifying 159
245	245	vaccination status unless specifically approved by the 160
246	246	Legislature. 161
247	247	Section 3. Subsection (3) of section 1003.22, Florida 162
248	248	Statutes, is amended to read: 163
249	249	1003.22 School-entry health examinations; immunization 164
250	250	against communicable diseases; exemptions; duties of Department 165
251	251	of Health.— 166
252	252	(3) The Department of Health may a dopt rules necessary to 167
253	253	administer and enforce this section. The Department of Health, 168
254	254	after consultation with the Department of Education, shall adopt 169
255	255	rules governing the immunization of children against, the 170
256	256	testing for, and the control of preventable co mmunicable 171
257	257	diseases. The rules must include procedures for exempting a 172
258	258	child from immunization requirements. Immunizations must shall 173
259	259	be required for poliomyelitis, diphtheria, rubeola, rubella, 174
260	260	pertussis, mumps, tetanus, and other communicable diseases as 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	determined by rules of the Department of Health ; however, any 176
274	274	immunization approved by the United States Food and Drug 177
275	275	Administration only for emergency use or any new vaccine 178
276	276	recommendation may not be required unless specifically approved 179
277	277	by the Legislature. The manner and frequency of administration 180
278	278	of the immunization or testing must shall conform to recognized 181
279	279	standards of medical practice. The Department of Health shall 182
280	280	supervise and secure the enforcement of the required 183
281	281	immunization. Immunizations r equired by this section shall be 184
282	282	available at no cost from the county health departments. 185
283	283	Section 4. This act shall take effect July 1, 2024. 186