Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 284 Barcode 404658 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/20/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Military and Veterans Affairs, Space, and Domestic Security (Legg) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 42 - 51 4 and insert: 5 Section 2. Paragraph (i) of subsection (3) of section 6 1002.20, Florida Statutes, is amended to read: 7 1002.20 K-12 student and parent rights.—Parents of public 8 school students must receive accurate and timely information 9 regarding their child’s academic progress and must be informed 10 of ways they can help their child to succeed in school. K-12 11 students and their parents are afforded numerous statutory 12 rights including, but not limited to, the following: 13 (3) HEALTH ISSUES.— 14 (i) Epinephrine use and supply.— 15 1. A student who has experienced or is at risk for life 16 threatening allergic reactions may carry an epinephrine auto 17 injector and self-administer epinephrine by auto-injector while 18 in school, participating in school-sponsored activities, or in 19 transit to or from school or school-sponsored activities if the 20 school has been provided with parental and physician 21 authorization. The State Board of Education, in cooperation with 22 the Department of Health, shall adopt rules for such use of 23 epinephrine auto-injectors that shall include provisions to 24 protect the safety of all students from the misuse or abuse of 25 auto-injectors. A school district, county health department, 26 public-private partner, and their employees and volunteers shall 27 be indemnified by the parent of a student authorized to carry an 28 epinephrine auto-injector for any and all liability with respect 29 to the student’s use of an epinephrine auto-injector pursuant to 30 this paragraph. 31 2. A public school may purchase from a wholesale 32 distributor as defined in s. 499.003 and maintain in a locked, 33 secure location on its premises a supply of epinephrine auto 34 injectors for use if a student is having an anaphylactic 35 reaction. The participating school district shall adopt a 36 protocol developed by a licensed physician for the 37 administration by school personnel who are trained to recognize 38 an anaphylactic reaction and to administer an epinephrine auto 39 injection. The supply of epinephrine auto-injectors may be 40 provided to and used by a student authorized to self-administer 41 epinephrine by auto-injector under subparagraph 1. or trained 42 school personnel. 43 3. The school district and its employees and agents, 44 including the physician who provides the standing protocol for 45 school epinephrine auto-injectors, are not liable for any injury 46 arising from the use of an epinephrine auto-injector 47 administered by trained school personnel who follow the adopted 48 protocol and whose professional opinion is that the student is 49 having an anaphylactic reaction: 50 a. Unless the trained school personnel’s action is willful 51 and wanton; 52 b. Notwithstanding that the parents or guardians of the 53 student to whom the epinephrine is administered have not been 54 provided notice or have not signed a statement acknowledging 55 that the school district is not liable; and 56 c. Regardless of whether authorization has been given by 57 the student’s parents or guardians or by the student’s 58 physician, physician’s assistant, or advanced registered nurse 59 practitioner. 60 Section 3. Subsections (16) and (17) are added to section 61 1002.42, Florida Statutes, to read: 62 1002.42 Private schools.— 63 (16) EMERGENCY PROCEDURES.—The emergency response agencies 64 identified in a district school board’s emergency response 65 policy pursuant to s. 1006.07(4) which are responsible for 66 notifying the school district of an occurrence that threatens 67 student safety shall also notify private schools in the district 68 that request such notification by opting into the district 69 school board’s emergency notification procedures. 70 (17) EPINEPHRINE SUPPLY.— 71 (a) A private school may purchase from a wholesale 72 distributor as defined in s. 499.003 and maintain in a locked, 73 secure location on its premises a supply of epinephrine auto 74 injectors for use if a student is having an anaphylactic 75 reaction. The participating private school shall adopt a 76 protocol developed by a licensed physician for the 77 administration by private school personnel who are trained to 78 recognize an anaphylactic reaction and to administer an 79 epinephrine auto-injection. The supply of epinephrine auto 80 injectors may be provided to and used by a student authorized to 81 self-administer epinephrine by auto-injector under s. 82 1002.20(3)(i) or trained school personnel. 83 (b) The private school and its employees and agents, 84 including the physician who provides the standing protocol for 85 school epinephrine auto-injectors, are not liable for any injury 86 arising from the use of an epinephrine auto-injector 87 administered by trained school personnel who follow the adopted 88 protocol and whose professional opinion is that the student is 89 having an anaphylactic reaction: 90 1. Unless the trained school personnel’s action action is 91 willful and wanton; 92 2. Notwithstanding that the parents or guardians of the 93 student to whom the epinephrine is administered have not been 94 provided notice or have not signed a statement acknowledging 95 that the school district is not liable; and 96 3. Regardless of whether authorization has been given by 97 the student’s parents or guardians or by the student’s 98 physician, physician’s assistant, or advanced registered nurse 99 practitioner. 100 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 Delete lines 2 - 8 104 and insert: 105 An act relating to school emergencies; amending s. 106 1006.07, F.S.; requiring district school board 107 policies to list the emergency response agencies that 108 are responsible for notifying the school district of 109 emergencies; amending s. 1002.20, F.S.; authorizing a 110 public school to purchase and maintain a supply of 111 epinephrine auto-injectors; requiring that the school 112 district adopt a protocol developed by a licensed 113 physician for the administration of epinephrine auto 114 injectors for emergency use when a student is having 115 an anaphylactic reaction; providing that the supply of 116 epinephrine auto-injectors may be provided to and used 117 by a student authorized to self-administer epinephrine 118 by auto-injector or trained school personnel; 119 providing that a school district and its employees and 120 agents, including a physician providing a standing 121 protocol for school epinephrine auto-injectors, are 122 not liable for an injury to a student arising from the 123 use of an epinephrine auto-injector under certain 124 circumstances; amending s. 1002.42, F.S.; requiring 125 the emergency response agencies to notify private 126 schools in the school district of emergencies under 127 certain circumstances; authorizing a private school to 128 purchase and maintain a supply of epinephrine auto 129 injectors; requiring that the private school adopt a 130 protocol developed by a licensed physician for the 131 administration of epinephrine auto-injectors for 132 emergency use when a student is having an anaphylactic 133 reaction; providing that the supply of epinephrine 134 auto-injectors may be provided to and used by a 135 student authorized to self-administer epinephrine by 136 auto-injector or trained school personnel; providing 137 that a private school and its employees and agents, 138 including a physician providing a standing protocol 139 for school epinephrine auto-injectors, are not liable 140 for an injury to a student arising from the use of an 141 epinephrine auto-injector under certain circumstances;