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 bronchodilator Inhaler use.—
   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  bronchodilator metered dose inhaler on their person while in
  117  school. The school principal must shall be 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.