Florida Senate - 2013 CS for SB 284 By the Committee on Military and Veterans Affairs, Space, and Domestic Security; and Senator Negron 583-02830-13 2013284c1 1 A bill to be entitled 2 An act relating to school emergencies; amending s. 3 1006.07, F.S.; requiring district school board 4 policies to list the emergency response agencies that 5 are responsible for notifying the school district of 6 emergencies; amending s. 1002.20, F.S.; authorizing a 7 public school to purchase and maintain a supply of 8 epinephrine auto-injectors; requiring that the school 9 district adopt a protocol developed by a licensed 10 physician for the administration of epinephrine auto 11 injectors for emergency use when a student is having 12 an anaphylactic reaction; providing that the supply of 13 epinephrine auto-injectors may be provided to and used 14 by a student authorized to self-administer epinephrine 15 by auto-injector or trained school personnel; 16 providing that a school district and its employees and 17 agents, including a physician providing a standing 18 protocol for school epinephrine auto-injectors, are 19 not liable for an injury to a student arising from the 20 use of an epinephrine auto-injector under certain 21 circumstances; amending s. 1002.42, F.S.; requiring 22 the emergency response agencies to notify private 23 schools in the school district of emergencies under 24 certain circumstances; authorizing a private school to 25 purchase and maintain a supply of epinephrine auto 26 injectors; requiring that the private school adopt a 27 protocol developed by a licensed physician for the 28 administration of epinephrine auto-injectors for 29 emergency use when a student is having an anaphylactic 30 reaction; providing that the supply of epinephrine 31 auto-injectors may be provided to and used by a 32 student authorized to self-administer epinephrine by 33 auto-injector or trained school personnel; providing 34 that a private school and its employees and agents, 35 including a physician providing a standing protocol 36 for school epinephrine auto-injectors, are not liable 37 for an injury to a student arising from the use of an 38 epinephrine auto-injector under certain circumstances; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Subsection (4) of section 1006.07, Florida 44 Statutes, is amended to read: 45 1006.07 District school board duties relating to student 46 discipline and school safety.—The district school board shall 47 provide for the proper accounting for all students, for the 48 attendance and control of students at school, and for proper 49 attention to health, safety, and other matters relating to the 50 welfare of students, including: 51 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.— 52 (a) Formulate and prescribe policies and procedures for 53 emergency drills and for actual emergencies, including, but not 54 limited to, fires, natural disasters, and bomb threats, for all 55 the public schools of the district which comprise grades K-12. 56 District school board policies shall include commonly used alarm 57 system responses for specific types of emergencies and 58 verification by each school that drills have been provided as 59 required by law and fire protection codes. The emergency 60 response agency that is responsible for notifying the school 61 district for each type of emergency must be listed in the 62 district’s emergency response policy. 63 (b)
The district school board shallEstablish model 64 emergency management and emergency preparedness procedures, 65 including emergency notification procedures pursuant to 66 paragraph (a), for the following life-threatening emergencies: 67 1. Weapon-use and hostage situations. 68 2. Hazardous materials or toxic chemical spills. 69 3. Weather emergencies, including hurricanes, tornadoes, 70 and severe storms. 71 4. Exposure as a result of a manmade emergency. 72 Section 2. Paragraph (i) of subsection (3) of section 73 1002.20, Florida Statutes, is amended to read: 74 1002.20 K-12 student and parent rights.—Parents of public 75 school students must receive accurate and timely information 76 regarding their child’s academic progress and must be informed 77 of ways they can help their child to succeed in school. K-12 78 students and their parents are afforded numerous statutory 79 rights including, but not limited to, the following: 80 (3) HEALTH ISSUES.— 81 (i) Epinephrine use and supply.— 82 1. A student who has experienced or is at risk for life 83 threatening allergic reactions may carry an epinephrine auto 84 injector and self-administer epinephrine by auto-injector while 85 in school, participating in school-sponsored activities, or in 86 transit to or from school or school-sponsored activities if the 87 school has been provided with parental and physician 88 authorization. The State Board of Education, in cooperation with 89 the Department of Health, shall adopt rules for such use of 90 epinephrine auto-injectors that shall include provisions to 91 protect the safety of all students from the misuse or abuse of 92 auto-injectors. A school district, county health department, 93 public-private partner, and their employees and volunteers shall 94 be indemnified by the parent of a student authorized to carry an 95 epinephrine auto-injector for any and all liability with respect 96 to the student’s use of an epinephrine auto-injector pursuant to 97 this paragraph. 98 2. A public school may purchase from a wholesale 99 distributor as defined in s. 499.003 and maintain in a locked, 100 secure location on its premises a supply of epinephrine auto 101 injectors for use if a student is having an anaphylactic 102 reaction. The participating school district shall adopt a 103 protocol developed by a licensed physician for the 104 administration by school personnel who are trained to recognize 105 an anaphylactic reaction and to administer an epinephrine auto 106 injection. The supply of epinephrine auto-injectors may be 107 provided to and used by a student authorized to self-administer 108 epinephrine by auto-injector under subparagraph 1. or trained 109 school personnel. 110 3. The school district and its employees and agents, 111 including the physician who provides the standing protocol for 112 school epinephrine auto-injectors, are not liable for any injury 113 arising from the use of an epinephrine auto-injector 114 administered by trained school personnel who follow the adopted 115 protocol and whose professional opinion is that the student is 116 having an anaphylactic reaction: 117 a. Unless the trained school personnel’s action is willful 118 and wanton; 119 b. Notwithstanding that the parents or guardians of the 120 student to whom the epinephrine is administered have not been 121 provided notice or have not signed a statement acknowledging 122 that the school district is not liable; and 123 c. Regardless of whether authorization has been given by 124 the student’s parents or guardians or by the student’s 125 physician, physician’s assistant, or advanced registered nurse 126 practitioner. 127 Section 3. Subsections (16) and (17) are added to section 128 1002.42, Florida Statutes, to read: 129 1002.42 Private schools.— 130 (16) EMERGENCY PROCEDURES.—The emergency response agencies 131 identified in a district school board’s emergency response 132 policy pursuant to s. 1006.07(4) which are responsible for 133 notifying the school district of an occurrence that threatens 134 student safety shall also notify private schools in the district 135 that request such notification by opting into the district 136 school board’s emergency notification procedures. 137 (17) EPINEPHRINE SUPPLY.— 138 (a) A private school may purchase from a wholesale 139 distributor as defined in s. 499.003 and maintain in a locked, 140 secure location on its premises a supply of epinephrine auto 141 injectors for use if a student is having an anaphylactic 142 reaction. The participating private school shall adopt a 143 protocol developed by a licensed physician for the 144 administration by private school personnel who are trained to 145 recognize an anaphylactic reaction and to administer an 146 epinephrine auto-injection. The supply of epinephrine auto 147 injectors may be provided to and used by a student authorized to 148 self-administer epinephrine by auto-injector under s. 149 1002.20(3)(i) or trained school personnel. 150 (b) The private school and its employees and agents, 151 including the physician who provides the standing protocol for 152 school epinephrine auto-injectors, are not liable for any injury 153 arising from the use of an epinephrine auto-injector 154 administered by trained school personnel who follow the adopted 155 protocol and whose professional opinion is that the student is 156 having an anaphylactic reaction: 157 1. Unless the trained school personnel’s action action is 158 willful and wanton; 159 2. Notwithstanding that the parents or guardians of the 160 student to whom the epinephrine is administered have not been 161 provided notice or have not signed a statement acknowledging 162 that the school district is not liable; and 163 3. Regardless of whether authorization has been given by 164 the student’s parents or guardians or by the student’s 165 physician, physician’s assistant, or advanced registered nurse 166 practitioner. 167 Section 4. This act shall take effect July 1, 2013.