Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 962 Ì1946448Î194644 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/06/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 bronchodilatormetered dose inhaleron their person while in 29 school. The school principal mustshallbe 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.