Florida Senate - 2020                                     SB 120
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00009-20                                            2020120__
    1                        A bill to be entitled                      
    2         An act relating to naloxone in schools; amending s.
    3         1002.20, F.S.; authorizing a public school to purchase
    4         a supply or enter into an arrangement to receive a
    5         supply of the opioid antagonist naloxone for a certain
    6         purpose; specifying requirements for the maintenance
    7         of the naloxone; requiring the school district to
    8         adopt a protocol for the administration of naloxone;
    9         providing that a school district and its employees and
   10         agents and the physician who provides the protocol are
   11         not liable for any injury arising from the
   12         administration of the naloxone pursuant to the
   13         protocol; providing exceptions; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (n) is added to subsection (3) of
   19  section 1002.20, Florida Statutes, to read:
   20         1002.20 K-12 student and parent rights.—Parents of public
   21  school students must receive accurate and timely information
   22  regarding their child’s academic progress and must be informed
   23  of ways they can help their child to succeed in school. K-12
   24  students and their parents are afforded numerous statutory
   25  rights including, but not limited to, the following:
   26         (3) HEALTH ISSUES.—
   27         (n) Naloxone use and supply.—
   28         1. A public school may purchase a supply of the opioid
   29  antagonist naloxone from a wholesale distributor as defined in
   30  s. 499.003 or may enter into an arrangement with a wholesale
   31  distributor or manufacturer as defined in s. 499.003 for
   32  naloxone at fair-market, free, or reduced prices for use in the
   33  event a student has an opioid overdose. The naloxone must be
   34  maintained in a secure location on the public school’s premises.
   35  The participating school district shall adopt a protocol
   36  developed by a licensed physician for the administration of the
   37  drug by school personnel who are trained to recognize an opioid
   38  overdose and to administer naloxone.
   39         2. The school district and its employees and agents and the
   40  physician who provides the standing protocol for school naloxone
   41  are not liable for any injury arising from the use of the drug
   42  if it is administered by trained school personnel who follow the
   43  standing protocol and whose professional opinion is that the
   44  student is having an opioid overdose:
   45         a. Unless the trained school personnel’s action is willful
   46  and wanton;
   47         b. Notwithstanding that the parents or guardians of the
   48  student to whom the naloxone is administered have not been
   49  provided notice or have not signed a statement acknowledging
   50  that the school district is not liable; and
   51         c. Regardless of whether authorization has been given by
   52  the student’s parents or guardians or by the student’s
   53  physician, physician’s assistant, or advanced practice
   54  registered nurse.
   55         Section 2. This act shall take effect July 1, 2020.