Immunization Requirements: Public and Nonpublic Schools, Grades Preschool, Kindergarten Through 12, and Adult Education Classes
DEPARTMENT OF HEALTH
Division of Disease ControlRULE NO.: RULE TITLE:
64D-3.046: Immunization Requirements: Public and Nonpublic Schools, Grades Preschool, Kindergarten Through 12, and Adult Education ClassesNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 88, December 11, 2012 issue of the Florida Administrative Register.
The changes include a correction to the “Summary of Statement of Estimated Regulatory Costs and Legislative Ratification” and a revision to the proposed rule text in response to concerns presented by the Joint Administrative Procedures Committee.
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: Currently, routine immunizations required for school attendance are covered under what is commonly referred to as "Well Baby Care" insurance statutes. Specifically, group health plans or Health Maintenance Organization (HMO) plans issued or delivered in the State of Florida, must provide for child health supervision services delivered or supervised by a physician. Coverage must include periodic visits which shall include a history, a physical examination, a developmental assessment and anticipatory guidance, and appropriate immunizations and lab tests. Reference: Florida Statutes 627.6579, 627.6515, 627.6416 and Florida Administrative Code 69O-191.024(15)(e)(1) and (4). Since the provision of childhood vaccinations is already covered in statutes regulating health insurance, there are no additional regulatory costs associated with insured children receiving vaccinations through health insurance coverage. Likewise, since existing statutes cover this requirement, there is no need for legislative ratification of this rule amendment. Therefore, 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.
THE FULL TEXT OF THE PROPOSED RULE SHALL READ AS FOLLOWS:
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. If state funding is not available to cover the costs of vaccine and administration of vaccine, children who are covered by health insurance are not eligible to receive immunizations from county health departments. 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) 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), 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 (March January 2013), incorporated by reference, available online at: www.doh.state.fl.us/disease_ctr/immune/schoolguide.pdf or may be found online at .
1. through 3. No change.
(3) through (8) No change.
