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.