Senate Bill sb0890c1

    Florida Senate - 2005                            CS for SB 890

    By the Committee on Education; and Senator Wise





    581-1821-05

  1                      A bill to be entitled

  2         An act relating to student and parent rights;

  3         amending s. 1002.20, F.S.; authorizing certain

  4         K-12 students to self-administer epinephrine by

  5         auto-injector under certain circumstances;

  6         requiring the adoption of rules; providing for

  7         indemnification; providing an effective date.

  8  

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Paragraph (i) is added to subsection (3) of

12  section 1002.20, Florida Statutes, to read:

13         1002.20  K-12 student and parent rights.--Parents of

14  public school students must receive accurate and timely

15  information regarding their child's academic progress and must

16  be informed of ways they can help their child to succeed in

17  school. K-12 students and their parents are afforded numerous

18  statutory rights including, but not limited to, the following:

19         (3)  HEALTH ISSUES.--

20         (i)  Epinephrine use.--A student who has experienced or

21  is at risk for life-threatening allergic reactions may carry

22  an epinephrine auto-injector and self-administer epinephrine

23  by auto-injector while in school, participating in

24  school-sponsored activities, or in transit to or from school

25  or school-sponsored activities if the school has been provided

26  with parental and physician authorization. The State Board of

27  Education, in cooperation with the Department of Health, shall

28  adopt rules for the use of epinephrine auto-injectors that

29  shall include provisions to protect the safety of all students

30  from the misuse or abuse of auto-injectors. A school district,

31  county health department, public-private partner, and their

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 890
    581-1821-05




 1  employees and volunteers shall be indemnified by the parent of

 2  a student authorized to carry an epinephrine auto-injector for

 3  any and all liability with respect to the student's use of an

 4  epinephrine auto-injector under this paragraph.

 5         Section 2.  This act shall take effect January 1, 2006.

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 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         SENATE BILL 890

 9                                 
                      The committee substitute:
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    Specifies that the rules adopted by the Department of
11       Education include provisions to protect the safety of all
         students from the misuse or abuse of auto-injectors.
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    The parent of a student authorized to carry an auto-injector
13       shall indemnify the school district, county health
         department, public-private partner, and their employees
14       and volunteers for any and all liability with respect to
         the student's use of an auto-injector.
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    Changes the effective date to January 1, 2006.
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CODING: Words stricken are deletions; words underlined are additions.