House Bill hb0357
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Florida House of Representatives - 2001 HB 357
By Representative Crow
1 A bill to be entitled
2 An act relating to parental consent; amending
3 s. 232.46, F.S.; revising provisions relating
4 to the administration of medication by school
5 district personnel; requiring district school
6 boards to adopt policies and procedures
7 governing the administration of nonprescription
8 medication; requiring written parental
9 permission for the administration of
10 nonprescription medication; amending s.
11 232.465, F.S.; providing that a student is
12 exempt from certain services under the school
13 health services program if parent or guardian
14 requests such an exemption in writing; amending
15 s. 234.02, F.S.; limiting transportation of a
16 student to a medical treatment facility without
17 parental consent; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsection (1) of section 232.46, Florida
22 Statutes, is amended to read:
23 232.46 Administration of medication by school district
24 personnel.--
25 (1) Notwithstanding the provisions of the Nurse
26 Practice Act, part I of chapter 464, school district personnel
27 shall be authorized to assist students in the administration
28 of prescription and nonprescription medication when the
29 following conditions have been met:
30 (a) Each district school board shall include in its
31 approved school health services plan a procedure to provide
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Florida House of Representatives - 2001 HB 357
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1 training, by a registered nurse, a licensed practical nurse, a
2 physician licensed pursuant to chapter 458 or chapter 459, or
3 a physician assistant licensed pursuant to chapter 458 or
4 chapter 459, to the school personnel designated by the
5 principal to assist students in the administration of
6 prescribed and nonprescription medication. Such training may
7 be provided in collaboration with other school districts,
8 through contract with an education consortium, or by any other
9 arrangement consistent with the intent of this section.
10 (b) Each district school board shall adopt policies
11 and procedures governing the administration of prescription
12 and nonprescription medication by school district personnel.
13 The policies and procedures shall include, but are not be
14 limited to, the following provisions:
15 1. For each prescribed and nonprescription medication,
16 the student's parent or guardian shall provide to the school
17 principal a written statement which shall grant to the
18 principal, the school nurse, or the principal's designee
19 permission to assist in the administration of such medication
20 and which shall explain the necessity for such medication to
21 be provided during the school day, including any occasion when
22 the student is away from school property on official school
23 business. The school principal or the principal's trained
24 designee shall assist the student in the administration of
25 prescribed and nonprescription such medication.
26 2. Each prescribed and nonprescription medication to
27 be administered by school district personnel shall be
28 received, counted, and stored in its original container. When
29 the medication is not in use, it shall be stored in its
30 original container in a secure fashion under lock and key in a
31 location designated by the principal.
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Florida House of Representatives - 2001 HB 357
568-163B-01
1 Section 2. Subsection (5) of section 232.465, Florida
2 Statutes, is renumbered as subsection (6), and a new
3 subsection (5) is added to said section to read:
4 232.465 Provision of medical services; restrictions.--
5 (5) Pursuant to s. 381.0056(7)(d), a student will be
6 exempt from any of the services provided under the school
7 health services program if his or her parent or guardian
8 requests such exemption in writing.
9 Section 3. Paragraph (a) of subsection (2) and
10 subsection (8) of section 234.02, Florida Statutes, are
11 amended to read:
12 234.02 Safety and health of pupils.--Maximum regard
13 for safety and adequate protection of health are primary
14 requirements that must be observed by school boards in routing
15 buses, appointing drivers, and providing and operating
16 equipment, in accordance with all requirements of law and
17 regulations of the commissioner in providing transportation
18 pursuant to s. 234.01:
19 (2) Except as provided in subsection (1), school
20 boards may authorize the transportation of students in
21 privately owned motor vehicles on a case-by-case basis only in
22 the following circumstances:
23 (a) When a student is ill or injured and must be taken
24 home under nonemergency circumstances or to a medical
25 treatment facility under imminently life-threatening
26 nonemergency circumstances; and
27 1. The school has been unable to contact the student's
28 parent or guardian or such parent, guardian, or responsible
29 adult designated by the parent or guardian is not available to
30 provide the transportation;
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Florida House of Representatives - 2001 HB 357
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1 2. Proper adult supervision of the student is
2 available at the location to which the student is being
3 transported;
4 3. The transportation is approved by the school
5 principal, or a school administrator designated by the
6 principal to grant or deny such approval, or in the absence of
7 the principal and designee, by the highest ranking school
8 administrator or teacher available under the circumstances;
9 and
10 4. If the school has been unable to contact the parent
11 or guardian prior to the transportation, the school shall
12 continue to seek to contact the parent or guardian until the
13 school is able to notify the parent or guardian of the
14 transportation and the pertinent circumstances.
15 (8) Notwithstanding any other provision of this
16 section, in an emergency situation that constitutes an
17 imminent threat to student health or safety, school personnel
18 may take whatever action is necessary under the circumstances
19 to protect student health and safety. However, transportation
20 of a student in a school district vehicle or a privately owned
21 vehicle to a medical treatment facility without parental
22 consent is limited to those circumstances when immediate
23 medical treatment is necessary for the health and safety of
24 the student.
25 Section 4. This act shall take effect July 1, 2001.
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Florida House of Representatives - 2001 HB 357
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2 HOUSE SUMMARY
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Revises provisions relating to the administration of
4 medication by school district personnel. Requires written
parental permission for the administration of
5 nonprescription medication. Provides that a student is
exempt from certain services under the school health
6 services program if parent or guardian requests such an
exemption in writing. Limits transportation of a student
7 to a medical treatment facility without parental consent.
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