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
HB 1535 2024
1 A bill to be entitled
2 An act relating to public health mandates and
3 policies; amending s. 381.003, F.S.; prohibiting the
4 Department of Health from requiring enrollment in the
5 state's immunization registry or otherwise requiring
6 persons to submit to immunization tracking;
7 prohibiting the department from including a person's
8 immunization records in any interstate or federal
9 immunization tracking system or otherwise giving an
10 entity access to a person's immunization records
11 without first obtaining written informed consent from
12 the person or person's parent or guardian, as
13 applicable; prohibiting the department from requiring
14 a person be vaccinated without first obtaining a
15 written informed consent from the person or person's
16 parent or guardian, as applicable; amending s.
17 381.00322, F.S.; prohibiting a government entity or an
18 educational entity from adopting, implementing, or
19 enforcing specified international public health
20 policies or guidelines unless specifically approved by
21 the Legislature; amending s. 1003.22, F.S.;
22 prohibiting the department from requiring, as a
23 school-entry requirement, that children receive
24 immunizations approved only for emergency use unless
25 specifically approved by the Legislature; providing an
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26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (2) of section 381.003, Florida
31 Statutes, is renumbered as subsection (3), paragraph (e) of
32 subsection (1) is amended, and a new subsection (2) is added to
33 that section, to read:
34 381.003 Communicable disease and AIDS prevention and
35 control.—
36 (1) The department shall conduct a communicable disease
37 prevention and control program as part of fulfilling its public
38 health mission. A communicable disease is any disease caused by
39 transmission of a specific infectious agent, or its toxic
40 products, from an infected person, an infected animal, or the
41 environment to a susceptible host, either directly or
42 indirectly. The communicable disease program must include, but
43 need not be limited to:
44 (e) Programs for the prevention and control of vaccine-
45 preventable diseases, including programs to immunize school
46 children as required by s. 1003.22(3)-(11) and the development
47 of an automated, electronic, and centralized database and
48 registry of immunizations. The department may not require
49 enrollment in the immunization registry or otherwise require
50 persons to submit to any form of immunization tracking. The
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51 department shall ensure that all children in this state are
52 immunized against vaccine-preventable diseases. The immunization
53 registry must allow the department to enhance current
54 immunization activities for the purpose of improving the
55 immunization of all children in this state.
56 1. Except as provided in subparagraph 2., the department
57 shall include all children born in this state in the
58 immunization registry by using the birth records from the Office
59 of Vital Statistics. The department shall add other children to
60 the registry as immunization services are provided.
61 2. The parent or guardian of a child may refuse to have
62 the child included in the immunization registry by signing a
63 form obtained from the department, or from the health care
64 practitioner or entity that provides the immunization, which
65 indicates that the parent or guardian does not wish to have the
66 child included in the immunization registry. Each consent to
67 treatment form provided by a health care practitioner or by an
68 entity that administers vaccinations or causes vaccinations to
69 be administered to children from birth through 17 years of age
70 must contain a notice stating that the parent or guardian of a
71 child may refuse to have his or her child included in the
72 immunization registry. The parent or guardian may either submit
73 the opt-out form directly to the department or must provide such
74 form such opt-out form to the health care practitioner or entity
75 upon administration of the vaccination. Such health care
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76 practitioner or entity shall submit the form to the department.
77 If a parent or guardian has refused to have his or her child
78 included in the immunization registry, A parent or guardian may
79 submit the opt-out form directly to the department. any records
80 or identifying information pertaining to the child must shall be
81 removed from the registry, if the parent or guardian has refused
82 to have his or her child included in the immunization registry.
83 3. A college or university student, from 18 years of age
84 to 23 years of age, who obtains an immunization a vaccination
85 from a college or university student health center or clinic in
86 this the state may refuse to be included in the immunization
87 registry by signing a form obtained from the department, health
88 center, or clinic which indicates that the student does not wish
89 to be included in the immunization registry. The student may
90 either submit the opt-out form directly to the department or
91 must provide such form such opt-out form to the health center or
92 clinic upon administration of the immunization vaccination. Such
93 health center or clinic shall submit the form to the department.
94 If the student has refused to be included in the immuni zation
95 registry, A student may submit the opt-out form directly to the
96 department. any records or identifying information pertaining to
97 the student must shall be removed from the registry if the
98 student has refused to be included in the immunization regist ry.
99 4. The immunization registry shall allow for immunization
100 records to be electronically available to entities that are
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101 required by law to have such records, including, but not limited
102 to, schools and licensed child care facilities. However, the
103 department may not include a person's immunization records in
104 any interstate or federal immunization tracking system or
105 otherwise allow an entity not required by law to have such
106 records without first obtaining written informed consent from
107 the person or the person's parent or guardian, if the person is
108 a minor, to release the immunization records for such purpose.
109 5. A health care practitioner licensed under chapter 458,
110 chapter 459, or chapter 464 in this state who administers
111 vaccinations or causes vaccinations to be administered to
112 children from birth through 17 years of age is required to
113 report vaccination data to the immunization registry, unless a
114 parent or guardian of a child has refused to have the child
115 included in the immunization registry by meeting the
116 requirements of subparagraph 2. A health care practitioner
117 licensed under chapter 458, chapter 459, or chapter 464 in this
118 state who administers vaccinations or causes vaccinations to be
119 administered to college or university students from 18 years of
120 age to 23 years of age at a college or university student health
121 center or clinic is required to report vaccination data to the
122 immunization registry, unless the student has refused to be
123 included in the immunization registry by meeting the
124 requirements of subparagraph 3. Vaccination data for students in
125 other age ranges may be submitted to the immunization registry
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126 only if the student consents to inclusion in the immunization
127 registry. The upload of data from existing automated systems is
128 an acceptable method for updating immunization information in
129 the immunization registry. The information in the immunization
130 registry must include the child's name, date of birth, address,
131 and any other unique identifier necessary to correctly identify
132 the child; the immunization record, including the date, type of
133 administered vaccine, and vaccine lot number; and the presence
134 or absence of any adverse reaction or contraindication related
135 to the immunization. Information received by the department for
136 the immunization registry retains its status as confidential
137 medical information and the department must maintain the
138 confidentiality of that information as otherwise required by
139 law. A health care practitioner or other agency that obtains
140 information from the immunization registry must maintain the
141 confidentiality of any medical records in accordance with s.
142 456.057 or as otherwise required by law.
143 (2)(a) The department may not require a person to be
144 vaccinated without a written informed consent form from the
145 person or the person's parent or guardian, if the person is a
146 minor.
147 (b) The written informed consent from may be obtained from
148 the department.
149 Section 2. Section 381.00322, Florida Statutes, is amended
150 to read:
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151 381.00322 International health organization policies.—A
152 governmental entity as defined in s. 381.00316 or an educational
153 institution as defined in s. 381.00319 may not adopt, implement,
154 or enforce an international health organization's:
155 (1) Public health policies or guidelines unless
156 specifically approved by the Legislature authorized to do so
157 under state law, rule, or executive order issued by the Governor
158 under s. 252.36.
159 (2) Mandatory digital health identifications verifying
160 vaccination status unless specifically approved by the
161 Legislature.
162 Section 3. Subsection (3) of section 1003.22, Florida
163 Statutes, is amended to read:
164 1003.22 School-entry health examinations; immunization
165 against communicable diseases; exemptions; duties of Department
166 of Health.—
167 (3) The Department of Health may adopt rules necessary to
168 administer and enforce this section. The Department of Health,
169 after consultation with the Department of Education, shall adopt
170 rules governing the immunization of children against, the
171 testing for, and the control of preventable communicable
172 diseases. The rules must include procedures for exempting a
173 child from immunization requirements. Immunizations must shall
174 be required for poliomyelitis, diphtheria, rubeola, rubella,
175 pertussis, mumps, tetanus, and other communicable diseases as
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176 determined by rules of the Department of Health; however, any
177 immunization approved by the United States Food and Drug
178 Administration only for emergency use or any new vaccine
179 recommendation may not be required unless specifically approved
180 by the Legislature. The manner and frequency of administration
181 of the immunization or testing must shall conform to recognized
182 standards of medical practice. The Department of Health shall
183 supervise and secure the enforcement of the required
184 immunization. Immunizations required by this section shall be
185 available at no cost from the county health departments.
186 Section 4. This act shall take effect July 1, 2024.
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Statutes affected: H 1535 Filed: 381.00322, 1003.22