Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 962
       
       
       
       
       
       
                                Ì1946448Î194644                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2024           .                                
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       The Committee on Health Policy (Hooper) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 95 - 242
    4  and insert:
    5  licensed under chapter 458 or chapter 459, or an advanced
    6  practice registered nurse licensed under chapter 464.
    7         d. “Components” means devices used as part of clinically
    8  recommended use of short-acting bronchodilators, including
    9  spacers, valved holding chambers, or nebulizers.
   10         e. “Respiratory distress” means difficulty breathing by an
   11  individual, which can be caused by several medical factors,
   12  including chronic diseases such as asthma.
   13         f. “Short-acting bronchodilator” means any beta-2 agonist,
   14  such as albuterol, which is used for the quick relief of asthma
   15  symptoms and is recommended by the National Heart, Lung, and
   16  Blood Institute’s National Asthma Education and Prevention
   17  Program Guidelines for the Treatment of Asthma. Such
   18  bronchodilators may include an orally inhaled medication that
   19  contains a premeasured single dose of albuterol or albuterol
   20  sulfate delivered by a nebulizer or compressor device or by a
   21  pressured metered dose inhaler used to treat respiratory
   22  distress, including, but not limited to, wheezing, shortness of
   23  breath, and difficulty breathing, or another dosage of a
   24  bronchodilator recommended in the Guidelines for the Treatment
   25  of Asthma.
   26         2. Asthmatic students whose parent and physician provide
   27  their approval to the school principal may carry a short-acting
   28  bronchodilator metered dose inhaler on their person while in
   29  school. The school principal must shall be provided a copy of
   30  the parent’s and physician’s approval.
   31         3. An authorized health care practitioner may prescribe
   32  short-acting bronchodilators and components in the name of a
   33  public school for use in accordance with this section, and a
   34  licensed pharmacist may dispense short-acting bronchodilators
   35  and components pursuant to a prescription issued in the name of
   36  a public school for use in accordance with this section.
   37         4.a.A public school may acquire and stock a supply of
   38  short-acting bronchodilators and components from a wholesale
   39  distributor as defined in s. 499.003 or may enter into an
   40  arrangement with a wholesale distributor or manufacturer, as
   41  those terms are defined in s. 499.003, for short-acting
   42  bronchodilators and components at no charge, a fair market
   43  price, or a reduced price for use in the event a student
   44  experiences an anaphylactic reaction or respiratory distress.
   45  The short-acting bronchodilators and components must be
   46  maintained in a secure location on a school’s premises.
   47         b.A participating public school must adopt a protocol
   48  developed by a physician licensed under chapter 458 or chapter
   49  459 for the administration of short-acting bronchodilators or
   50  components by school personnel who are trained to recognize
   51  symptoms of respiratory distress and to administer a short
   52  acting bronchodilator or components. The school district and the
   53  protocol must provide guidance for administering short-acting
   54  bronchodilators in instances of respiratory distress for a
   55  student with a known diagnosis of asthma and if approved by the
   56  school district for students with no known diagnosis of asthma.
   57         c.The supply of short-acting bronchodilators and
   58  components may be provided to and used by a trained school
   59  personnel member or a student authorized to self-administer a
   60  short-acting bronchodilator or components.
   61         d.A public school may accept short-acting bronchodilators
   62  and components as a donation or transfer if they are new,
   63  unexpired, manufacturer-sealed, not subject to recall,
   64  unadulterated, and in compliance with relevant regulations
   65  adopted by the United States Food and Drug Administration.
   66         e.A school nurse or a trained school personnel member may
   67  administer short-acting bronchodilators or components to
   68  students only if the personnel member has successfully completed
   69  training and believes in good faith that the student is
   70  experiencing respiratory distress or asthma-related distress,
   71  regardless of whether the student has a prescription for a
   72  short-acting bronchodilator or has previously been diagnosed
   73  with asthma.
   74         f. The school district or public school shall provide
   75  written notice of the district’s or school’s adopted protocol to
   76  each parent or guardian. The public school must receive prior
   77  permission from the parent or guardian to administer a short
   78  acting bronchodilator or components to a student.
   79         g.A school district and its employees and agents who act
   80  in good faith are not liable for any injury arising from the use
   81  or nonuse of a short-acting bronchodilator or components
   82  administered by a trained school personnel member or nurse who
   83  follows the adopted protocol and whose professional opinion is
   84  that the student is experiencing respiratory distress:
   85         (I)Unless the trained school personnel member’s or nurse’s
   86  action is willful and wanton;
   87         (II)Notwithstanding that the parent or guardian of the
   88  student to whom the short-acting bronchodilator is administered
   89  has not been provided notice or has not signed a statement
   90  acknowledging that the school district is not liable; and
   91         (III) Regardless of whether authorization has been given by
   92  the student’s parent or guardian or by the student’s physician,
   93  physician assistant, or advanced practice registered nurse.
   94         h. An authorized health care practitioner or dispensing
   95  pharmacist who prescribes short-acting bronchodilators and
   96  components for use by a public school is immune from civil
   97  liability for any act or omission related to the administration
   98  of a short-acting bronchodilator or components, except for an
   99  act of willful or wanton misconduct.
  100         Section 2. Subsection (19) is added to section 1002.42,
  101  Florida Statutes, to read:
  102         1002.42 Private schools.—
  103         (19) SHORT-ACTING BRONCHODILATOR USE.—
  104         (a) As used in this subsection, the term:
  105         1. “Administer” means to give or directly apply a short
  106  acting bronchodilator to a student.
  107         2. “Asthma” means a chronic lung disease that inflames and
  108  narrows the airways and can manifest wheezing, chest tightness,
  109  shortness of breath, and coughing.
  110         3. “Authorized health care practitioner” means a physician
  111  licensed under chapter 458 or chapter 459, a physician assistant
  112  licensed under chapter 458 or chapter 459, or an advanced
  113  practice registered nurse licensed under chapter 464.
  114         4. “Components” means devices used as part of clinically
  115  recommended use of short-acting bronchodilators, including
  116  spacers, valved holding chambers, or nebulizers.
  117         5. “Respiratory distress” means difficulty breathing by an
  118  individual, which can be caused by several medical factors,
  119  including chronic diseases such as asthma.
  120         6. “Short-acting bronchodilator” means any beta-2 agonist,
  121  such as albuterol, which is used for the quick relief of asthma
  122  symptoms and is recommended by the National Heart, Lung, and
  123  Blood Institute’s National Asthma Education and Prevention
  124  Program Guidelines for the Treatment of Asthma. Such
  125  bronchodilators may include an orally inhaled medication that
  126  contains a premeasured single dose of albuterol or albuterol
  127  sulfate delivered by a nebulizer or compressor device or by a
  128  pressured metered dose inhaler used to treat respiratory
  129  distress, including, but not limited to, wheezing, shortness of
  130  breath, and difficulty breathing, or another dosage of a
  131  bronchodilator recommended in the Guidelines for the Treatment
  132  of Asthma.
  133         (b) Asthmatic students whose parent and physician provide
  134  their approval to the school principal may carry a short-acting
  135  bronchodilator on their person while in school. The school
  136  principal must be provided a copy of the parent’s and
  137  physician’s approval.
  138         (c) An authorized health care practitioner may prescribe
  139  short-acting bronchodilators and components in the name of a
  140  private school for use in accordance with this section, and a
  141  licensed pharmacist may dispense short-acting bronchodilators
  142  and components pursuant to a prescription issued in the name of
  143  a private school for use in accordance with this section.
  144         (d)A private school may acquire and stock a supply of
  145  short-acting bronchodilators and components, as defined in s.
  146  1002.20(3)(h), from a wholesale distributor as defined in s.
  147  499.003 or may enter into an arrangement with a wholesale
  148  distributor or manufacturer, as those terms are defined in s.
  149  499.003, for short-acting bronchodilators and components at no
  150  charge, a fair market price, or a reduced price for use in the
  151  event a student experiences an anaphylactic reaction or
  152  respiratory distress. The short-acting bronchodilators and
  153  components must be maintained in a secure location on the school
  154  premises.
  155         (e)A participating private school must adopt a protocol
  156  developed by a physician licensed under chapter 458 or chapter
  157  459 for the administration of short-acting bronchodilators or
  158  components by school personnel who are trained to recognize
  159  symptoms of respiratory distress and to administer a short
  160  acting bronchodilator or components. The protocol must provide
  161  guidance for administering short-acting bronchodilators in
  162  instances of respiratory distress for a student with a known
  163  diagnosis of asthma and if approved by the private school for
  164  students with no known diagnosis of asthma.
  165         (f)The supply of short-acting bronchodilators and
  166  components may be provided to and used by a trained school
  167  personnel member or a student authorized to self-administer a
  168  short-acting bronchodilator.