The purpose of this rule amendment is to include language regarding the availability of vaccinations required for school attendance at no charge at county health departments, to update DH Form 681 (Religious Exemptions for Immunizations), and to ...

 

DEPARTMENT OF HEALTH
Division of Disease Control

RULE NO.: RULE TITLE:
64D-3.046: Immunization Requirements: Public and Nonpublic Schools, Grades Preschool, Kindergarten Through 12, and Adult Education Classes
PURPOSE AND EFFECT: The purpose of this rule amendment is to include language regarding the availability of vaccinations required for school attendance at no charge at county health departments, to update DH Form 681 (Religious Exemptions for Immunizations), and to revise DH Form 150-615, July 2011 (Immunization Guidelines, Florida Schools, Childcare Facilities and Family Daycare Homes) to reflect an effective date of January 2013. The DH 150-615 changes include minor technical edits.
SUMMARY: Subject of this rule amendment includes language regarding free vaccinations for school attendance at county health departments and updates to forms incorporated by reference, which includes DH Form 681 (Religious Exemptions and Immunizations) and minor technical edits to DH 150-165 (Immunization Guidelines, Florida Schools, Childcare Facilities and Family Daycare Homes).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 381.003, 381.005, 1003.22 FS.
LAW IMPLEMENTED: 381.003, 381.005, 1003.22 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Lincicome, Program Manager, [e-mail], [phone] x 2381

THE FULL TEXT OF THE PROPOSED RULE IS:

64D-3.046 Immunization Requirements: Public and Nonpublic Schools, Grades Preschool, Kindergarten Through 12, and Adult Education Classes.

(1) Immunizations required for school attendance shall be available free of charge from county health departments subject to the availability of state funding to cover the costs of vaccine and administration of the vaccine. Parents seeking immunizations for children who are covered by health insurance should contact assigned health care providers within covered health insurance networks to obtain immunizations for school attendance.

(2)(1) Immunization and Documentation Requirements for School Entry/Attendance:

(a) A student may attend a public or non-public school, grades preschool through 12 or an adult education class if younger than 21, if prior to admittance, attendance or transfer, they present one of the following for inspection for validity by an authorized school official:

1. DH Form 680, Florida Certification of Immunization (July 2010), incorporated by reference, available from Department of Health (DOH) county health departments (CHDs) or physicians’ offices; or

2. DH Form 681, Religious Exemptions for Immunizations (English/Spanish/Haitian-Creole) (July 2008) (February 2002), incorporated by reference, available at DOH CHDs, must be signed by the local county health department medical director or designee. The form is available online at:                                                                                                                              .

(b) Specific immunization requirements by grade which must be documented prior to admittance, attendance or any other initial entrance are detailed in the Immunization Guidelines-Florida Schools, Childcare Facilities and Family Daycare Homes DH Form 150-615 (January 2013) (July 2011),                                                                                                                               http://www.flrules.org/Gateway/reference.asp?No=Ref-00765 incorporated by reference, available online at: www.doh.state.fl.us/disease_ctr/immune/schoolguide.pdf.

1. through 3. No change.

(3)(2) Documentation Requirements for Schools:

(a) through (c) No change.

(4)(3) Homeless, Transfers and Juvenile Justice – A temporary exemption to requirements of subsection (1) above not to exceed 30 days may be issued by an authorized school official for any of the following, consistent with the definitions in Section 1003.01, F.S.:

(a) through (d) No change.

(5)(4) Notwithstanding subsection (3)(2), the Department may:

(a) through (b) No change.

(6)(5) Florida SHOTS (State Health Online Tracking System) Opt Out Provision – Parents or guardians may elect to decline participation in the Florida immunization registry, Florida SHOTS, by submitting a Florida SHOTS Notification and Opt Out Form to the DOH. The form, either a DH Form 1478 (English) (January 2007) or DH Form 1478S (Spanish) (September 2003) or DH Form 1478H (Haitian-Creole) (January 2006), incorporated by reference, is available from the DOH, Bureau of Immunization, 4052 Bald Cypress Way, Bin #A-11, Tallahassee, FL 32399-1719. The immunization records of children whose parents choose to opt-out will not be shared with other entities that are allowed by law to have access to the children’s immunization record via authorized access to Florida SHOTS.

(7)(6) Florida SHOTS Private Provider Participation – Any health care practitioner licensed in Florida under Chapters 458, 459 or 464, F.S., may request authorization to access Florida SHOTS by filling out a DH Form 1479, Authorized Private Provider User Agreement for Access to Florida SHOTS (January 2007), incorporated by reference, available from the DOH Bureau of Immunization, 4052 Bald Cypress Way, Bin #A-11, Tallahassee, FL 32399-1719. The DH Form 1479 will be returned to the Department of Health for processing and authorization to access Florida SHOTS. Notification of access approval and instructions for accessing Florida SHOTS will be provided by the DOH. The authorized user and the applicable licensing authority or agency shall notify the DOH, Bureau of Immunization Florida SHOTS personnel when an authorized user’s license or registration has expired or has been suspended or revoked.

(8)(7) Florida SHOTS School and Licensed or Registered Child Care Facility Participation – Any public or nonpublic school, or licensed or registered child care facility may request authorization to access Florida SHOTS by completing a DH Form 2115, Authorized School and Licensed or Registered Child Care Facility User Agreement for Access to Florida SHOTS (January 2007), incorporated by reference, available from the DOH, Bureau of Immunization, 4052 Bald Cypress Way, Bin #A-11, Tallahassee, FL 32399-1719. The DH Form 2115 will be returned to the DOH for processing and authorization to access Florida SHOTS. Notification of access approval and instructions for accessing Florida SHOTS will be provided by the DOH. The authorized user and the applicable licensing authority or agency shall notify the DOH, Bureau of Immunization Florida SHOTS personnel when an authorized user’s license or registration has expired or has been suspended or revoked.

Rulemaking Authority 381.003(1), (2), 381.005(3), 1003.22 FS. Law Implemented 381.003(1), 381.005(1)(i), 1003.22 FS. History–New 11-20-06, Amended 7-15-07, 7-28-08, 12-29-10, 12-29-11,                                          .

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Lincicome
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, M.D., FACS, State Surgeon General
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 29, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2012