Florida Senate - 2024 SB 962 By Senator Hooper 21-00831B-24 2024962__ 1 A bill to be entitled 2 An act relating to student health; amending s. 3 1002.20, F.S.; defining terms; revising a provision to 4 authorize asthmatic students to carry a short-acting 5 bronchodilator, rather than a metered dose inhaler; 6 authorizing authorized health care practitioners to 7 prescribe short-acting bronchodilators and components 8 in the name of a public school; authorizing licensed 9 pharmacists to dispense short-acting bronchodilators 10 and components in the name of a public school; 11 authorizing a public school to acquire and stock 12 short-acting bronchodilators and components from 13 wholesale distributors; authorizing a public school to 14 enter into certain arrangements with a wholesale 15 distributor or manufacturer; requiring a public school 16 that obtains short-acting bronchodilators and 17 components to maintain them in a secure location on 18 school premises; requiring certain public schools to 19 adopt a protocol developed by a licensed physician for 20 the administration of a short-acting bronchodilator 21 and components by school personnel; providing that a 22 public school’s short-acting bronchodilators and 23 components may be provided to and used by trained 24 school personnel or students authorized to self 25 administer a short-acting bronchodilator and 26 components; authorizing school districts to accept 27 short-acting bronchodilators and components as a 28 donation or transfer if the bronchodilators and 29 components meet specified requirements; providing 30 requirements for school personnel to administer a 31 short-acting bronchodilator to a student; requiring 32 school districts or public schools to provide written 33 notice of the adopted protocol to each parent or 34 guardian; requiring public schools to receive a parent 35 or guardian’s prior permission to administer a short 36 acting bronchodilator to a student; providing for 37 immunity from liability for specified individuals 38 under certain conditions; amending s. 1002.42, F.S.; 39 defining terms; authorizing certain students to carry 40 a short-acting bronchodilator at school under certain 41 conditions; authorizing authorized health care 42 practitioners to prescribe short-acting 43 bronchodilators and components in the name of a 44 private school; authorizing licensed pharmacists to 45 dispense short-acting bronchodilators and components 46 in the name of a private school; authorizing private 47 schools to acquire and stock short-acting 48 bronchodilators and components from wholesale 49 distributors; authorizing private schools to enter 50 into certain arrangements with a wholesale distributor 51 or manufacturer; requiring private schools that obtain 52 short-acting bronchodilators and components to 53 maintain them in a secure location on school premises; 54 requiring such private schools to adopt a protocol 55 developed by a licensed physician for the 56 administration of a short-acting bronchodilator by 57 school personnel; providing that a private school’s 58 bronchodilators may be provided to and used by trained 59 school personnel and by students authorized to self 60 administer short-acting bronchodilators; authorizing 61 private schools to accept short-acting bronchodilators 62 and components as a donation or transfer if the 63 bronchodilators and components meet specified 64 requirements; providing requirements for school 65 personnel to administer a short-acting bronchodilator 66 and components to a student; requiring private schools 67 to provide written notice of the adopted protocol to 68 each parent or guardian; requiring private schools to 69 receive a parent or guardian’s prior permission to 70 administer a short-acting bronchodilator and 71 components to a student; providing for immunity from 72 liability for specified individuals under certain 73 conditions; providing an effective date. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. Paragraph (h) of subsection (3) of section 78 1002.20, Florida Statutes, is amended to read: 79 1002.20 K-12 student and parent rights.—Parents of public 80 school students must receive accurate and timely information 81 regarding their child’s academic progress and must be informed 82 of ways they can help their child to succeed in school. K-12 83 students and their parents are afforded numerous statutory 84 rights including, but not limited to, the following: 85 (3) HEALTH ISSUES.— 86 (h) Short-acting bronchodilatorInhaleruse.— 87 1. As used in this paragraph, the term: 88 a. “Administer” means to give or directly apply a short 89 acting bronchodilator to a student. 90 b. “Asthma” means a chronic lung disease that inflames and 91 narrows the airways and can manifest wheezing, chest tightness, 92 shortness of breath, and coughing. 93 c. “Authorized health care practitioner” means a physician 94 licensed under chapter 458 or chapter 459, a physician assistant 95 licensed under chapter 458 or chapter 459, or a registered nurse 96 licensed under chapter 464. 97 d. “Components” means devices used as part of clinically 98 recommended use of short-acting bronchodilators, including 99 spacers, valved holding chambers, or nebulizers. 100 e. “Respiratory distress” means difficulty breathing by an 101 individual, which can be caused by several medical factors, 102 including chronic diseases such as asthma. 103 f. “Short-acting bronchodilator” means any beta-2 agonist, 104 such as albuterol, which is used for the quick relief of asthma 105 symptoms and is recommended by the National Heart, Lung, and 106 Blood Institute. Such bronchodilators may include an orally 107 inhaled medication that contains a premeasured single dose of 108 albuterol or albuterol sulfate delivered by a nebulizer or 109 compressor device or by a pressured metered dose inhaler used to 110 treat respiratory distress, including, but not limited to, 111 wheezing, shortness of breath, and difficulty breathing, or 112 another dosage of a bronchodilator recommended by the National 113 Heart, Lung, and Blood Institute. 114 2. Asthmatic students whose parent and physician provide 115 their approval to the school principal may carry a short-acting 116 bronchodilatormetered dose inhaleron their person while in 117 school. The school principal mustshallbe provided a copy of 118 the parent’s and physician’s approval. 119 3. An authorized health care practitioner may prescribe 120 short-acting bronchodilators and components in the name of a 121 public school for use in accordance with this section, and a 122 licensed pharmacist may dispense short-acting bronchodilators 123 and components pursuant to a prescription issued in the name of 124 a public school for use in accordance with this section. 125 4.a. A public school may acquire and stock a supply of 126 short-acting bronchodilators and components from a wholesale 127 distributor as defined in s. 499.003 or may enter into an 128 arrangement with a wholesale distributor or manufacturer, as 129 those terms are defined in s. 499.003, for short-acting 130 bronchodilators and components at no charge, a fair market 131 price, or a reduced price for use in the event a student 132 experiences an anaphylactic reaction or respiratory distress. 133 The short-acting bronchodilators and components must be 134 maintained in a secure location on a school’s premises. The 135 participating school district or public school shall adopt a 136 protocol developed by a licensed physician for administration of 137 short-acting bronchodilators or components by school personnel 138 who are trained to recognize symptoms of respiratory distress 139 and to administer a short-acting bronchodilator or components. 140 The supply of short-acting bronchodilators and components may be 141 provided to and used by a trained school personnel member or a 142 student authorized to self-administer a short-acting 143 bronchodilator or components. 144 b. A public school may accept short-acting bronchodilators 145 and components as a donation or transfer if they are new, 146 unexpired, manufacturer-sealed, not subject to recall, 147 unadulterated, and in compliance with relevant regulations 148 adopted by the United States Food and Drug Administration. 149 c. A school nurse or a trained school personnel member may 150 administer short-acting bronchodilators or components to 151 students only if the personnel member has successfully completed 152 training and believes in good faith that the student is 153 experiencing respiratory distress or asthma-related distress, 154 regardless of whether the student has a prescription for a 155 short-acting bronchodilator or has previously been diagnosed 156 with asthma. 157 d. The school district or public school shall provide 158 written notice of the district’s or school’s adopted protocol to 159 each parent or guardian. The public school must receive prior 160 permission from the parent or guardian to administer a short 161 acting bronchodilator or components to a student. 162 e. A school district and its employees and agents who act 163 in good faith are not liable for any injury arising from the use 164 or nonuse of a short-acting bronchodilator or components 165 administered by a trained school personnel member or nurse who 166 follows the adopted protocol and whose professional opinion is 167 that the student is experiencing respiratory distress: 168 (I) Unless the trained school personnel member’s or nurse’s 169 action is willful and wanton; 170 (II) Notwithstanding that the parent or guardian of the 171 student to whom the short-acting bronchodilator is administered 172 has not been provided notice or has not signed a statement 173 acknowledging that the school district is not liable; and 174 (III) Regardless of whether authorization has been given by 175 the student’s parent or guardian or by the student’s physician, 176 physician assistant, or advanced practice registered nurse. 177 f. An authorized health care practitioner or dispensing 178 pharmacist who prescribes short-acting bronchodilators and 179 components for use by a public school is immune from civil 180 liability for any act or omission related to the administration 181 of a short-acting bronchodilator or components, except for an 182 act of willful or wanton misconduct. 183 Section 2. Subsection (19) is added to section 1002.42, 184 Florida Statutes, to read: 185 1002.42 Private schools.— 186 (19) SHORT-ACTING BRONCHODILATOR USE.— 187 (a) As used in this subsection, the term: 188 1. “Administer” means to give or directly apply a short 189 acting bronchodilator to a student. 190 2. “Asthma” means a chronic lung disease that inflames and 191 narrows the airways and can manifest wheezing, chest tightness, 192 shortness of breath, and coughing. 193 3. “Authorized health care practitioner” means a physician 194 licensed under chapter 458 or chapter 459, a physician assistant 195 licensed under chapter 458 or chapter 459, or a registered nurse 196 licensed under chapter 464. 197 4. “Components” means devices used as part of clinically 198 recommended use of short-acting bronchodilators, including 199 spacers, valved holding chambers, or nebulizers. 200 5. “Respiratory distress” means difficulty breathing by an 201 individual, which can be caused by several medical factors, 202 including chronic diseases such as asthma. 203 6. “Short-acting bronchodilator” means any beta-2 agonist, 204 such as albuterol, which is used for the quick relief of asthma 205 symptoms and is recommended by the National Heart, Lung, and 206 Blood Institute. Such bronchodilators may include an orally 207 inhaled medication that contains a premeasured single dose of 208 albuterol or albuterol sulfate delivered by a nebulizer or 209 compressor device or by a pressured metered dose inhaler used to 210 treat respiratory distress, including, but not limited to, 211 wheezing, shortness of breath, and difficulty breathing, or 212 another dosage of a bronchodilator recommended by the National 213 Heart, Lung, and Blood Institute. 214 (b) Asthmatic students whose parent and physician provide 215 their approval to the school principal may carry a short-acting 216 bronchodilator on their person while in school. The school 217 principal must be provided a copy of the parent’s and 218 physician’s approval. 219 (c) An authorized health care practitioner may prescribe 220 short-acting bronchodilators and components in the name of a 221 private school for use in accordance with this section, and a 222 licensed pharmacist may dispense short-acting bronchodilators 223 and components pursuant to a prescription issued in the name of 224 a private school for use in accordance with this section. 225 (d) A private school may acquire and stock a supply of 226 short-acting bronchodilators and components, as defined in s. 227 1002.20(3)(h), from a wholesale distributor as defined in s. 228 499.003 or may enter into an arrangement with a wholesale 229 distributor or manufacturer, as those terms are defined in s. 230 499.003, for short-acting bronchodilators and components at no 231 charge, a fair market price, or a reduced price for use in the 232 event a student experiences an anaphylactic reaction or 233 respiratory distress. The short-acting bronchodilators and 234 components must be maintained in a secure location on the school 235 premises. The participating school shall adopt a protocol 236 developed by a licensed physician for the administration of a 237 short-acting bronchodilator or components by school personnel 238 who are trained to recognize symptoms of respiratory distress. 239 The supply of short-acting bronchodilators and components may be 240 provided to and used by a trained school personnel member or a 241 student authorized to self-administer a short-acting 242 bronchodilator or components. 243 (e) A private school may accept short-acting 244 bronchodilators and components as a donation or transfer if they 245 are new, unexpired, manufacturer-sealed, not subject to recall, 246 unadulterated, and in compliance with relevant regulations 247 adopted by the United States Food and Drug Administration. 248 (f) A school nurse or a trained school personnel member may 249 administer short-acting bronchodilators or components to 250 students only if the personnel member has successfully completed 251 training and believes in good faith that the student is 252 experiencing respiratory distress or asthma-related distress, 253 regardless of whether the student has a prescription for a 254 short-acting bronchodilator or has previously been diagnosed 255 with asthma. 256 (g) A private school shall provide written notice of the 257 school’s adopted protocol to each parent or guardian. A private 258 school must receive prior permission from the parent or guardian 259 to administer a short-acting bronchodilator or components to a 260 student. 261 (h) A private school and its employees and agents who act 262 in good faith are not liable for any injury arising from the use 263 or nonuse of a short-acting bronchodilator or components 264 administered by a trained school personnel member or nurse who 265 follows the adopted protocol and whose professional opinion is 266 that the student is experiencing respiratory distress: 267 1. Unless the trained school personnel member’s or nurse’s 268 action is willful and wanton; 269 2. Notwithstanding that the parent or guardian of the 270 student to whom the short-acting bronchodilator is administered 271 has not been provided notice or has not signed a statement 272 acknowledging that the school is not liable; and 273 3. Regardless of whether authorization has been given by 274 the student’s parents or guardians or by the student’s 275 physician, physician assistant, or advanced practice registered 276 nurse. 277 (i) An authorized health care practitioner or dispensing 278 pharmacist who prescribes short-acting bronchodilators and 279 components for use by a private school is immune from civil 280 liability for any act or omission related to the administration 281 of a short-acting bronchodilator or components, except for an 282 act of willful or wanton misconduct. 283 Section 3. This act shall take effect July 1, 2024.